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, TUESDAY, OCTOBER 12, 1999 No. 137 House of Representatives The House met at 12:30 p.m. and was Street in Phoenix, Arizona, as the ‘‘Sandra the shot, it is not surprising that a called to order by the Speaker pro tem- Day O’Connor United States Courthouse.’’ growing number of our Nation’s Re- pore (Mrs. BIGGERT). The message also announced that serve, Guard and active duty members f pursuant to Public Law 105–277, the are choosing to leave the service rather Chair, on behalf of the Majority Lead- than take a potentially unsafe vaccine. DESIGNATION OF SPEAKER PRO er, announces the appointment of the The harmful effects this issue is having TEMPORE following individuals to serve as mem- on the readiness of our Nation’s mili- The SPEAKER pro tempore laid be- bers of the Parents Advisory Council tary is the driving force behind my ef- fore the House the following commu- on Youth Drug Abuse— forts to change the mandatory nature nication from the Speaker: Robert L. Maginnis, of Virginia (two- of the program. year term); and Recently the Washington Post fea- WASHINGTON, DC, tured an article about the overdue an- October 12, 1999. June Martin Milam, of Mississippi I hereby appoint the Honorable JUDY (Representative of a Non-Profit Organi- thrax inoculations intended for our re- BIGGERT to act as Speaker pro tempore on zation) (three-year term). serve force. The paper reported that these delays might threaten the effec- this day. f J. DENNIS HASTERT, tiveness of the anthrax vaccine. How- Speaker of the House of Representatives. MORNING HOUR DEBATES ever, even if the shots are administered f The SPEAKER pro tempore. Pursu- on schedule, there is little, if any, evi- dence supporting an exact number of MESSAGE FROM THE SENATE ant to the order of the House of Janu- ary 19, 1999, the Chair will now recog- shots that are needed to reach immu- A message from the Senate by Mrs. nize Members from lists submitted by nity. Despite the lack of information, the McDevitt, one of its clerks, announced the majority and minority leaders for anthrax vaccine is currently being ad- that the Senate had passed without morning hour debates. The Chair will ministered to our troops in a series of amendment a bill of the House of the alternate recognition between the par- following title: six shots followed by an additional shot ties, with each party limited to 30 min- each year the individual serves. A man H.R. 560. An act to designate the Federal utes, and each Member, except the ma- or woman who serves our Nation for 20 building and United States courthouse lo- jority leader, the minority leader, or cated at the intersection of Comercio and years must receive over 25 separate an- the minority whip, limited to 5 min- thrax vaccinations. As the Post re- San Justo Streets, in San Juan, Puerto Rico, utes. as the ‘‘Jose´ V. Toledo Federal Building and ported, only 350,000 of the 2.4 million United States Courthouse’’. The Chair recognizes the gentleman military personnel scheduled to take from North Carolina (Mr. JONES) for 5 the vaccine have received their first The message also announced that the minutes. Senate had passed with amendments in shot. Current figures indicate that less f which the concurrence of the House is than 1500 have received all six shots. requested, a bill of the House of the fol- CALLING FOR MORATORIUM ON Madam Speaker, the Department of lowing title: ANTHRAX VACCINE UNTIL LONG- Defense reports that it has evidence of TERM SAFETY IS DETERMINED only 300, 300 adverse reactions and 200 H.R. 858. An act to amend title 11, District personnel refusing the vaccine, but of Columbia Code, to extend coverage under Mr. JONES of North Carolina. there are still millions of vaccines left the whistleblower protection provisions of Madam Speaker, for the past several the District of Columbia Comprehensive to be administered. While we wait for Merit Personnel Act of 1978 to personnel of months, I have taken a strong interest every member of the military to re- the courts of the District of Columbia. in the Department of Defense’s manda- ceive their full course of shots, we risk The message also announced that the tory anthrax vaccine program. The losing even more military personnel Senate has passed bills of the following Third District of North Carolina, which who resign to avoid their anthrax vac- titles in which concurrence of the I am proud to represent, has a large cine date. House is requested: military presence that has increased Madam Speaker, it costs millions of my awareness to the anthrax vaccine. taxpayers’ dollars to train each of our S. 1567. An act to designate the United As a result, it has also raised my level States courthouse located at 223 Broad men and women in uniform to defend Street in Albany, Georgia, as the ‘‘C.B. King of concern about the safety, the effi- this Nation. We cannot afford to lose United States Courthouse.’’ cacy and necessity of the vaccine for even one soldier, sailor, airman, or ma- S. 1595. An act to designate the United our men and women in uniform. Given rine to a vaccine that has many ques- States courthouse at 401 West Washington the lack of information we have about tioning its safety and efficacy; but it

b This symbol represents the time of day during the House proceedings, e.g., b 1407 is 2:07 p.m. Matter set in this typeface indicates words inserted or appended, rather than spoken, by a Member of the House on the floor.

H9823

. H9824 CONGRESSIONAL RECORD — HOUSE October 12, 1999 seems that the more time passes, the communities without new rules, regu- fice to care because they want to and more troops we lose and the more ques- lations, fees and taxes for Americans because they have to start leading by tions surface about the current pro- and business. We can do so by having example. gram. the Federal Government simply lead by I strongly urge my colleagues to join The relationship between the Depart- example; work that is being done by me and over 140 House cosponsors of ment of Defense and BioPort, the only the General Services Administration, H.R. 670, the Post Office Community company that produces the anthrax for instance, and how they manage Partnership Act. vaccine, is beginning to draw concerns. over 300 million square feet of office BioPort is not even licensed by the space in our inventory. Another area f Food and Drug Administration to man- with tremendous potential is the Post ufacture the anthrax vaccination. Now Office which touches over 40,000 dif- SAY NO TO COMMUNIST CHINA’S despite its financial failings, the De- ferent areas across the country and ENTRY INTO THE WORLD TRADE partment of Defense has doubled the most Americans six times a week. ORGANIZATION amount of its original contract with Momentum is growing with over 100 BioPort. This aspect of the program House cosponsors for H.R. 670, the Post The SPEAKER pro tempore. Under alone has caused concerns among those Office Community Partnership Act. the Speaker’s announced policy of Jan- who must take the shot. Last week before the Senate Govern- uary 19, 1999, the gentleman from Cali- Madam Speaker, the need to protect ment Affairs Committee, there was a fornia (Mr. ROHRABACHER) is recognized our United States military from poten- hearing, and I could not agree more during morning hour debates for 5 min- tial chemical and biological warfare is with the testimony provided by the Na- utes. critical, but we cannot accept the risk tional Association of Home Builders. Mr. ROHRABACHER. Madam Speak- of exposure as the only reason to man- They stated, and I quote: As home er, who is watching out for America? date the shot and ignore the lack of in- builders, our members abide by local That is the question of the day. Sup- formation on the long-term safety of zoning, permit, and building code laws posedly that is our first responsibility the vaccine. If the anthrax vaccine is in order to develop responsibly and pre- as elected officials, watching out for safe and can effectively combat the serve the integrity of communities. the United States of America. Today, threat of anthrax for our military, the The United States Postal Service, how- however, too many Americans with Pentagon has failed to convince the ever, is currently not required to ad- power and influence do not consider very people it is trying to protect. The here to State or local codes when relo- watching out for our country’s inter- questions being raised are serious, le- cating, closing, consolidating, or con- ests and the well-being of our people to gitimate questions that must be ad- structing facilities. be their priority. Today we constantly dressed in order to ensure our military This noncompliance undermines the hear about globalism, and we con- receives the answers it needs. economic and social well-being of com- stantly hear the words world economy I introduced legislation this summer munities by permitting the Post Office as if the development of this new world to make the current anthrax vaccine to build new facilities or modify exist- order is the goal of America’s leader- program voluntary. My colleague, the ing facilities without regard to local ship. Madam Speaker, that is their gentleman from New York (Mr. GIL- plans for growth or traffic manage- goal, and sometimes that goal is anti- MAN), introduced a bill to institute a ment, environmental protection, and thetical to the best interests of the moratorium on the program until more public safety. The National Association people of the United States. But our testing can determine it is long-term of Home Builders strongly believes leaders move forward blithely as if safety. that the Federal Government should they are part of an altruistic historic Madam Speaker, we are becoming follow the same rules as it expects the movement in which leaders throughout more reliant upon our reserve force to American public. That is why we sup- the planet are sheparding all of human help defend the security and interests port the Post Office Community Part- kind into a homogenous world. of this Nation. If these men and women nership Act. It is not working according to plan. I could have quoted from similar tes- are concerned that the shot is unsafe, The world is not becoming this one timony from the Sierra Club, sort of a the morale and readiness of our mili- world place where idealism reigns and strange partnership that we do not see tary is severely threatened. Then we people are acting together in a peaceful too often between the home builders stand to lose more of the bright, capa- manner and an honest manner. It just and the Sierra Club, or a coalition ble, and trained individuals who rep- does not seem to be acting according to composed of the National Association resent the very strength of the coun- their plan. The dream of our globalists of Counties, League of Cities, Con- try. I cannot stand by and watch this is becoming a nightmare, especially for ference of State Historic Preservation happen. the national security interests of the Officers, Conference of Mayors, Preser- Let me assure our men and women in American people and the potential for vation Action, American Planning As- the military that I will continue with the spread of real democracy and indi- sociation and the International Down- my colleagues to pursue the issue until vidual liberty throughout a substantial town Association, the National Trust we can be sure that the anthrax vac- portion of this planet. cine is safe, effective and necessary. for Historic Preservation and the Na- One of the problems the globalist f tional Alliance of Preservation Com- missions. They stated as recently as dreamers in the United States refuse to THE POST OFFICE COMMUNITY last year the Post Office attempted to acknowledge is that leaders of most of PARTNERSHIP ACT evade local clean water standards in this world’s power blocks are not play- The SPEAKER pro tempore. Under Tallahassee, Florida and ignore local ing the game. Surprise, surprise, sur- the Speaker’s announced policy of Jan- laws put in place in Ball Ground, Geor- prise; those people, those leaders in uary 19, 1999, the gentleman from Or- gia, which were an attempt to meet other parts of the world, are basing egon (Mr. BLUMENAUER) is recognized Federal clean air standards. These ac- their decisions on what is best for their during morning hour debates for 5 min- tions would be criminal if they were at- own countries and their own peoples utes. tempted by a private company but are and not with some overall view of the Mr. BLUMENAUER. Madam Speaker, merely shameful when pursued by the planet. I am pleased by the national attention Postal Service. America’s relations with Communist to ways to make our communities Comedian Lilly Tomlin’s annoying China, with the Communist Chinese more livable by this I mean our fami- and sadistic telephone operator, Ernes- dictatorship, is a disgrace. It is a total lies safe, healthy, and economically se- tine, made popular the notion we do rejection of the ideals upon which our cure; and ways to give our citizens a not care because we do not have to, we country is founded, but again reflect real voice in the decisions that impact are the phone company. Well, the the ideas that are the basis of our deci- their communities; and a special em- laughter that that provided was a bit sion-making towards China. The fact phasis on simple, low-tech, low-cost bittersweet in part because of the grain that we have treated China in a way in but high impact solutions. of truth that was embedded. In today’s order to harmonize our relations with The Federal Government can make a competitive world with higher citizen the world with a new world order in huge difference in the liveability of our expectations, it is time for the Post Of- order to make China part of a world October 12, 1999 CONGRESSIONAL RECORD — HOUSE H9825 trading organization, the fact that we and to maximize political gamesman- World, and we should try to find some have treated them in this way, which is ship by springing the subject on to the way in which we end the specter of nu- often quite irrational for the moment, Senate calendar and forcing a momen- clear weapons which has hung over this has this made us and made the world tous vote on a moment’s notice. planet for the last 50 years of this mil- any more prosperous? Has it made The Republican leadership is giving lennium. There can be no more impor- peace any more likely? Is China any jack-in-the-box treatment to the ulti- tant issue. closer to democratic reform? mate black box subject of nuclear anni- So, Madam Speaker, let us hope that The answer is no, no, no; and yet we hilation. Where is the statesmanship? today in the Senate that enough Mem- still have people here who are pushing Where is the sober and solemn consid- bers stand up to be recognized in sup- to put China into the World Trade Or- eration of the special role that the port of a treaty which will allow us to ganization, the equivalent of putting United States must play in the stew- continue to spread a regime of controls the local Chicago gangster into the ardship of the world’s nuclear stock- which will limit, if not eliminate, the Chamber of Commerce hoping that piles? If we rush to judgment, we will likelihood that we will face the day that would change that gangster’s crush the confidence of our cosigners when we stand here and face the fact ways. Well, we do not need Al Capone and spur the proliferation of nuclear that a nuclear accident or a nuclear in the Chamber of Commerce, and we weapons in an unpredictable world. weapon was used. do not need Communist China in an or- We must not reignite the arms race. The least that the Senate should be ganization that will make the decisions We must not let the nuclear bull out of able to say, the least that all of us about trade and commerce the produc- the ring to run wild through the streets should be able to say when those nu- tion of wealth throughout the world. of the world. clear weapons are about to be used is But even our relations with our The Cold War is over. This is a time that we tried; we really tried to put an democratic European allies are work- to de-alert and dismantle nuclear end to this nuclear threat which hangs ing against us with China, with our re- weapons. Instead, the Republican lead- over the world. Let us hope today that lations with China because we have had ership is bent on destroying the treaty the United States Senate does the a decision-making process based on to control them. This is not brinkman- right thing. some sort of global concepts rather ship; this is not statesmanship. This is f than the interests of the United States. irresponsibility on a global scale. CONGRESS MUST NOT ROLL BACK The people of the United States are We no longer test nuclear weapons in TRUCK INSPECTION SAFETY being put at a disadvantage by trade the United States. George Bush and our national security is being stopped the nuclear testing. So if we The SPEAKER pro tempore. Under gravely threatened. are not going to test nuclear weapons the Speaker’s announced policy of Jan- in the United States, which we have uary 19, 1999, the gentleman from Vir- b 1245 not, why in the world should we not ginia (Mr. WOLF) is recognized during But as I say, even our relations with sign a treaty 7 years later that allows morning hour debates for 5 minutes. our democratic European allies are us to monitor every other country in Mr. WOLF. Madam Speaker, today I working against the interests of the the world to guarantee that they are stand up for the 5,374 families who have American people. Because as much as not testing nuclear weapons? lost loved ones in truck accidents last America’s elite refuses to recognize it, Madam Speaker, the reality is that year, and to note that the Congress our European friends are watching out without this treaty there can be clan- could be about ready to walk away for their own interests. They are not destine tests that allow other countries from them. If we take a look at this watching out for us; they are not in the world to catch up with us. The photo, it is a photo of an accident in- watching out for the world. Our Euro- signing of this treaty ensures that we volving a truck whereby individuals pean allies are treating us like we are have hundreds of monitoring devices were seriously injured and perhaps suckers, and, of course, we are. around the world strategically placed killed. Through NATO, we are subsidizing to ensure that there is no testing be- This House voted overwhelmingly for the defense of a portion of this planet cause, in fact, the treaty mandates on- the Transportation Appropriations that has a higher standard of living site inspection. That is right. Conference Report, which included a and higher gross national product than If we detect, through the seismo- provision requiring change in the way our own. We are fighting their battles. logical equipment or any other means, the Federal Government conducts over- And, while we give most-favored-nation that there is a suspicious activity tak- sight of the trucking industry. status to developing countries like ing place in any country in the world, Each year, more and more commer- China, and actually to the detriment of that country must allow us and the cial motor vehicles are driving more our own people, our European allies world to go in and to look at what they and more miles and more people are through the European Union are raping are doing, if they are testing. Then, the dying. Currently, these vehicles are in- other countries, other developing coun- United States, which has decided uni- volved in 13 percent of all traffic fatali- tries, especially in Eastern Europe. laterally during the Bush administra- ties, even though they represent only 3 Madam Speaker, I would suggest that tion, and has continued right through percent of all registered vehicles in the we need a new way of thinking in the Clinton years, not to test, will have Nation. Whether one is concerned Washington that watches out for the the ability to ensure that there has about this issue or not, I would hope interests of the people of the United been a technological homeostasis, a that Congress would direct itself to States. technological stay which has been put what activity it may very well be un- f in place where we keep our lead. knowingly doing later on this after- Madam Speaker, there is no more im- noon. LET US NOT REIGNITE THE ARMS portant issue which we can debate than Madam Speaker, 20 percent of the RACE whether or not at the end of the mil- trucks on our roadways today, one in The SPEAKER pro tempore (Mrs. lennium, the gift which we can give to five are so unsafe that if they were BIGGERT). Under the Speaker’s an- the next millennium, is that we have stopped and inspected, they would be nounced policy of January 19, 1999, the resolved this issue of whether or not taken off the road. This problem is gentleman from Massachusetts (Mr. the countries of the world will con- equally more serious at our southern MARKEY) is recognized during morning tinue to test nuclear weapons. The dis- borders where, on an average, 44 per- hour debates for 5 minutes. ease, the famine, the wars of this mil- cent of these trucks are placed out of Mr. MARKEY. Madam Speaker, the lennium should be something which we service. The Department of Transpor- American public deserves a full, delib- do not pass on to the next millennium. tation’s IG has raised serious concerns erate, considered, informative debate We should be trying to find ways of about the vigor of our Nation’s truck on the Comprehensive Test Ban Trea- ensuring that we are going to deal with safety program. In the past 8 months, ty. Instead, the Republican Senate is the AIDS crisis in Africa. We should he has testified about the poor job that conducting a caricature of a debate try to find ways in which we are going the Office of Motor Carriers has done structured to obscure understanding to deal with the debt crisis of the Third to oversee truck safety. The Office of H9826 CONGRESSIONAL RECORD — HOUSE October 12, 1999 Motor Carriers is charged with moni- ANNOUNCEMENT BY THE SPEAKER Earlier this year, the IMF and Rus- toring and enforcing, and they are not PRO TEMPORE sian central bank acknowledged the di- doing a very good job at all. The SPEAKER pro tempore. Having version of IMF funds to private compa- The Federal Highway Administra- reference to an earlier speech this nies. There were other reports that the tion, which controls the Office of morning, the Chair would remind all World Bank loans were also misused or Motor Carriers, has not been effective Members that it is not in order to urge embezzled by Russian officials. In fact, in inducing prompt and sustained com- or advocate action or inaction by the one disclosure was a $250 million loan pliance. Seventy-five percent of the Senate. made by the prime minister of Russia carriers sampled did not sustain a sat- f and a close ally of Boris Yeltsin at the isfactory rating, and after a series of time. compliance reviews, 54 percent have QUESTIONING THE CONTINUANCE The extensive abuse of U.S. aid could been taken out of service. OF RUSSIAN AID not have happened had the President, I have now been out on three or four The SPEAKER pro tempore. Under Vice President, and other senior ad- truck inspections in the last several the Speaker’s announced policy of Jan- ministration officials not aggressively months. More than one out of five, uary 19, 1999, the gentleman from Flor- pushed for multi-million dollar loans sometimes three out of 10 are so un- ida (Mr. STEARNS) is recognized during to keep Boris Yeltsin afloat. safe, bad brakes, rusted out, baloney morning hour debates for 5 minutes. The question, Madam Speaker, oc- skin tires and many other problems. Mr. STEARNS. Madam Speaker, here curs with regard to how much did they The compliance reviews are down, in Congress we must answer tough know. Were there reports about the meaning the Office of Motor Carriers questions regarding the continuance of abuse from the intelligence commu- used to do five compliance reviews per aid to Russia. We, along with the IMF, nities and the FBI? How could this ad- employee per month. Now it has gone have pumped billions and billions of ministration continue to support pumping billions more into this flawed down to one. They are trying to get it dollars into a corrupt system. Is it any wonder that the Russian economy is system? back up to two. When the IG testified Another possibility is that the mis- floundering? How can we stand by at our hearings, he talked about one use was overlooked by bankers who had while this fraud continues? trucker who had driven from the West financial gains in assisting with the Coast to the State of Virginia in 48 Was anyone surprised to learn that Moscow’s government and the Russian laundering of this money. They would hours, 48 hours, and in the cab there potentially stand to gain the most if Central Bank were not following sound were jars of urine where he did not the United States and the IMF contin- banking principles? The indicators even stop to go to the bathroom. You ued to prop up the Russian economy. have been there since the fall of the So- wonder why we have such a miserable Did political pressure from these bank- viet Union that an organized crime es- record, why so many people are dying. ers help keep the money flowing con- tablishment was thriving under a And then, in three short months, tinually into the Russian economy? under NAFTA, trucks are going to be weakened Russian Government. Yet, The Committee on Banking and Fi- able to cross the border in Mexico and the U.S. Government has continued to nancial Services has the unique oppor- come into the United States. All of loan billions of dollars to this high-risk tunity to stop the abuse associated these trucks will be able to go into all government. with Russian assistance. Congress of the States in our country, and the The amount of Russian aid and the should assess the damage that has been IG found recently that Mexico has no numbers involved in embezzlement are done by this corruption. We must as- hours-of-service requirements, no staggering. According to Russian offi- certain whether the law has been bro- logbooks are required for truckers, no cials, capital flow from the USSR and ken by any U.S. officials or banks. vehicle maintenance standards, no Russia between 1985 and 1999 was over Within the IMF, what steps are being roadside inspections, no safety rating. $120 billion, possibly as high as $200 bil- taken to improve obvious problems When the IG conducted a survey of the lion. That is more than the entire for- with Russian policy? Has the IMF bail- effects of NAFTA, he found 44 percent eign debt on the Russian Federation, in out of 1998 significantly improved Rus- of the trucks were in such poor condi- and up to 10 times more than the total sia’s economy? I hardly see how the an- tion that they were taken off the road foreign investment in Russia. swer could be yes, since the $40 billion Now, sadly, Madam Speaker, a sig- immediately. So we can see if these short-term bond market, GKO, col- nificant portion of this money was trucks now are permitted to come lapsed, the ruble was devalued by 75 plundered by self-serving Federal and across the border from Mexico in addi- percent, and the rate of inflation in- local government officials. We in Con- tion to the unsafe program that we now creased from 6 percent annually to 60 gress must acknowledge this catas- percent. have. trophe and take steps to prevent this Because of these findings, the De- Where are the accountability meas- from happening again. partment of Transportation’s IG has ures? Where are the preventative steps said we should move the Office of b 1300 to avoid this happening again? Are due diligence standards or risk assessments Motor Carriers, and the National Even more disturbing is that this being applied to foreign loans? How Transportation Safety Board, and money was siphoned off and funneled could between $4.5 to $10 billion, not many, many others agree. out of Moscow and mixed with the prof- million but billions, go unnoticed? Today, there may be a vote on the it from activities such as prostitution floor under the suspensions calendar Congress must face the music and an- and illegal weapons sales. swer these questions. We cannot con- that will roll back the efforts that have Moreover, a Lugano-based engineer- tinue to line the pockets of corrupt of- been made with regard to truck safety. ing and construction company, ficials. So on behalf of the 5,374 people and Mobitex, allegedly opened credit cards their families who have died in truck and deposited large sums in private ac- f related deaths, I would hope that Con- counts for the benefit of president RECESS gress would not roll it back. The ques- Boris Yeltsin, as well as members of The SPEAKER pro tempore (Mrs. tion is, who controls this place? Will it his family and close associates, accord- BIGGERT). Pursuant to clause 12 of rule be the special interests, or will it be ing to the Swiss authorities. I, the Chair declares the House in re- the American interests? The Congress Madam Speaker, as the scandal cess until 2 p.m. took the action it did in the conference unfolds, we must re-evaluate our policy Accordingly (at 1 o’clock and 3 min- report to advance safety. Hopefully, with Russia that has been pursued by utes p.m.), the House stood in recess the Congress will not roll it back. the IMF and the Clinton administra- until 2 p.m. Madam Speaker, I ask people to tion. Congress should also review the f focus, Members back in their offices, lax standards applied by the U.S. Gov- look at this and other pictures that I ernment and international financial in- AFTER RECESS will bring up today to see if we really stitutions in the distribution of finan- The recess having expired, the House want to roll back truck inspection cial aid to post-Communist and devel- was called to order by the Speaker pro safety. I hope not. oping nations. tempore (Mr. STEARNS) at 2 p.m. October 12, 1999 CONGRESSIONAL RECORD — HOUSE H9827 PRAYER He chaired the Lutheran Roman RUBY HILL MINE IN EUREKA, NE- The Reverend Dr. Karl P. Donfried, Catholic Committee of New England VADA, RECEIVES EXCELLENCE Professor of Religion, Smith College, and was appointed to co-chair the New IN MINE RECLAMATION AWARD Northampton, Massachusetts, offered Testament Panel of the National Lu- (Mr. GIBBONS asked and was given the following prayer: theran Roman Catholic Dialogue. permission to address the House for 1 Standing as we do in the large confu- A theologian and a scholar, Reverend minute and to revise and extend his re- sions of the world not accustomed to Donfried has taught at Brown Univer- marks.) peace, we pray, O Lord, gird us with sity, Amherst College, Mount Holyoke Mr. GIBBONS. Mr. Speaker, for far newness of vision that our steps may College, and Assumption College. too long now we only hear the mis- be straightened to Your will and our I use this opportunity today on be- leading statements from the environ- decisions enlightened by Your spirit. In half of the House of Representatives to mental extremists about the perils of the fog and fury of this anguished age, extend a heartfelt welcome to Rev- mining. keep the inner world of heart and mind erend Karl Donfried. Well, folks, there is more than fried clear and strong, that we be not buf- cabbage here today. There is actually f feted from our course by the wild winds some good news worth listening to. of confusion and seas of bitterness. Dis- In my district outside of Eureka, Ne- cipline us to sharpen our insight and REPUBLICANS STOP 30–YEAR RAID vada, the Ruby Hill Mine, owned by the open our hearts on all sides and so ON SOCIAL SECURITY—NO TURN- Homestake Mining Company, has re- guide us to make wise judgments. Lay ING BACK NOW ceived the Environmental Excellence Your hand upon us, O God, that we (Mr. ARMEY asked and was given in Mine Reclamation Award. may be healed and made whole in the permission to address the House for 1 Yes, my colleagues heard it, mining fullness of Your love. Amen. minute and to revise and extend his re- is good for the environment. This f marks.) award was given to Homestake Mining Company because they exhibited out- THE JOURNAL Mr. ARMEY. Mr. Speaker, every now and then we get to witness history. We standing innovation in its design, miti- The SPEAKER pro tempore. The all watched in awe as Mark McGwire gation, and concurrent reclamation Chair has examined the Journal of the and Sammy Sosa shattered the home- progress. last day’s proceedings and announces run record. We all watched with tri- Mr. Speaker, it is important to note to the House his approval thereof. umph as the Berlin Wall came down. that mining and the environment can Pursuant to clause 1, rule I, the Jour- And, Mr. Speaker, we all watched with coexist; they can work together and nal stands approved. splendid anticipation as AL GORE was ensure that the environment is not f inventing the Internet. hurt by mining and that we as Ameri- Well, Mr. Speaker, history has been cans can still benefit from mining and PLEDGE OF ALLEGIANCE made again today. This morning the enjoy the quality of life that we now The SPEAKER pro tempore. Will the Congressional Budget Office reported know. gentleman from Nevada (Mr. GIBBONS) that because Republicans have held the I would like to congratulate the come forward and lead the House in the line on spending in fiscal year 1999, Homestake Mining Company for their Pledge of Allegiance. there was $1 billion of on-budget sur- dedication, forethought, and hard work Mr. GIBBONS led the Pledge of Alle- plus. in demonstrating that mining has giance as follows: That is right. In fiscal year 1999, Re- learned to work with the environment. I pledge allegiance to the Flag of the publicans stopped the 30-year raid on I yield back the balance of my time, United States of America, and to the Repub- Social Security. In fiscal year 1999, Re- Mr. Speaker, and all the negative mis- lic for which it stands, one nation under God, publicans stopped President Clinton conceptions about mining and its im- indivisible, with liberty and justice for all. from spending Social Security and put portance to our country. f the needs of seniors ahead of the needs of bureaucrats. Mr. Speaker, that f WELCOMING REVEREND KARL P. means that $126 billion in debt reduc- DONFRIED TO HOUSE OF REP- tion has taken place in fiscal year 1999. RESENTATIVES VOTE DOWN H.R. 3036 Mr. Speaker, we did not spend one (Mr. WOLF asked and was given per- (Mr. NEAL of Massachusetts asked penny of Social Security in 1999. We mission to address the House for 1 and was given permission to address stopped the raid. Mr. Speaker, there is minute and to revise and extend his re- the House for 1 minute and to revise no turning back now. and extend his remarks.) marks.) Mr. NEAL of Massachusetts. Mr. f Mr. WOLF. Mr. Speaker, here is a Speaker, it is an honor for me today to picture that I used earlier today of a speak this afternoon about a con- truck that killed people in a car. Here REGULATIONS COST TAXPAYERS stituent of mine, Reverend Karl is another major truck accident. $400 BILLION YEARLY Donfried, who offered the opening pray- Today in the House we may very well er here in the House of Representatives (Mr. TRAFICANT asked and was bring up H.R. 3036, which rolls back on this day. I would like to use 60 sec- given permission to address the House truck safety. onds to both welcome and introduce for 1 minute and to revise and extend In 1998, there were 5,374 deaths with him to the House of Representatives. his remarks.) regard to trucks. In 1997, there were Reverend Donfried is a professor and Mr. TRAFICANT. Mr. Speaker, the 5,398 deaths with regard to trucks. chairman of the Department of Reli- Gettysburg Address is 286 words. The It is like a major airplane crash tak- gion and Biblical Literature at Smith Declaration of Independence is 1,322 ing place every two weeks. If that hap- College in Northampton, Massachu- words. Government regulations on the pened, the Congress would be up in setts. He has been a member of Smith’s sale of cabbage is 27,000 words. arms. faculty for more than 30 years. Mr. Speaker, now if that is not Why would the Congress now be roll- Reverend Donfried is deeply involved enough to stuff your cabbage roll, regu- ing back what the Congress did with in the religious community at Smith lations cost taxpayers $400 billion a regard to truck safety? H.R. 3036 takes College and in the ecumenical move- year, $4,000 per every family each and a step backward. ment in western Massachusetts. He de- every year, year in and year out. If we do this, every time we pick up veloped the Ecumenical School of The- Unbelievable. It is so bad, if a dog the newspaper and see that somebody ology in Springfield’s Christ Church urinates in a parking lot, the EPA de- is being killed in a truck accident, we Cathedral, where he has served as the clares it a wetland. are going to feel very bad. Ecumenical Canon of the Cathedral Beam me up, Mr. Speaker. I yield I hope that the Congress votes this since 1977. back 2,800,000 words in our Tax Code. down if H.R. 3036 comes up. H9828 CONGRESSIONAL RECORD — HOUSE October 12, 1999 WHY DID PRESIDENT CLINTON But do not take my word for it. ADDING MARTIN LUTHER KING, AND AL GORE VETO EFFORTS Today they can get this from the offi- JR. HOLIDAY TO LIST OF DAYS TO ELIMINATE MARRIAGE TAX cial Congressional Budget Office that, ON WHICH FLAG SHOULD ESPE- PENALTY? for 1 year, Congress has not spent one CIALLY BE DISPLAYED (Mr. WELLER asked and was given nickel of Social Security on anything The Clerk called the bill (H.R. 576) to permission to address the House for 1 but Social Security. amend title 4, United States Code, to minute and to revise and extend his re- It is reason to celebrate. add the Martin Luther King, Jr. holi- marks.) f day to the list of days on which the Mr. WELLER. Mr. Speaker, there is flag should especially be displayed. an important question that we should COMMUNICATION FROM THE The Clerk read the bill, as follows: be asking every day; and that is, is it CLERK OF THE HOUSE H.R. 576 right, is it fair that under our Tax Code Be it enacted by the Senate and House of Rep- The SPEAKER pro tempore laid be- a married, working couple, a husband resentatives of the United States of America in fore the House the following commu- and wife, with two incomes pays higher Congress assembled, That section 6(d) of title nication from the Clerk of the House of taxes just because they are married? Is 4, United States Code, is amended by insert- Representatives: ing ‘‘Martin Luther King, Jr.’s birthday, the it right, is it fair that under our Tax third Monday in January;’’ after ‘‘January Code 21 million married, working cou- OFFICE OF THE CLERK, HOUSE OF REPRESENTATIVES, 20;’’. ples pay on average $1,400 more just be- Washington, DC, September 20, 1999. The SPEAKER pro tempore. Pursu- cause they are married? Hon. J. DENNIS HASTERT, ant to the rule, the gentleman from Back home in the south suburbs of The Speaker, House of Representatives, Florida (Mr. MCCOLLUM) and the gen- Chicago, a machinist and a school Washington, DC. tleman from Virginia (Mr. SCOTT) each teacher making a combined income of DEAR MR. SPEAKER: Pursuant to the per- will control 30 minutes. $62,000 pay on average $1,400. mission granted in Clause 2(h) of Rule II of The Chair recognizes the gentleman That is 1 year’s tuition at Joliet Jun- the Rules of the U.S. House of Representa- from Florida (Mr. MCCOLLUM). ior College. That is 3 months’ daycare tives, I have the honor to transmit a sealed envelope received from the White House on Mr. McCOLLUM. Mr. Speaker, I yield at a local day-care center. myself such time as I may consume. The question of the day, my col- October 8, 1999 at 3:20 p.m. and said to con- tain a message from the President whereby Mr. Speaker, H.R. 576 would add the leagues, is why did President Clinton he transmits a report on the continued pro- Martin Luther King, Jr., holiday to the and AL GORE veto our efforts to elimi- duction of the naval petroleum reserves be- list of days on which the flag should be nate the marriage tax penalty? Is it be- yond April 5, 2000. especially displayed. cause the President and AL GORE want With best wishes, I am Currently, section 6 of title 4 of the to spend that money rather than elimi- Sincerely, United States Code, which designates nating the marriage tax penalty? JEFF TRANDAHL. the time and occasions for the display When Bill Clinton and AL GORE ve- f of the United States flag, provides that toed our efforts to eliminate the mar- the flag of the United States of Amer- riage tax penalty, they broke the CONTINUED PRODUCTION OF ica should be displayed on all days and hearts of 21 million hard-working, mar- NAVAL PETROLEUM RESERVES— then lists certain days that it should ried, working couples who should have MESSAGE FROM THE PRESIDENT especially be displayed. The list con- their marriage tax penalty eliminated. OF THE UNITED STATES (H. DOC. tains nine Federal holidays. Mr. Speaker, let us work together, NO. 106–142) b let us work in a bipartisan way to 1415 The SPEAKER pro tempore laid be- eliminate the marriage tax penalty. In fact, all of the Federal holidays, fore the House the following message f except for the holiday honoring the from the President of the United birthday of Dr. Martin Luther King, REASON TO CELEBRATE: CON- States; which was read and, together Jr., our Nation’s great civil rights lead- GRESS HAS NOT SPENT ONE with the accompanying papers, without er. NICKEL OF SOCIAL SECURITY ON objection, referred to the Committee The nine other permanent Federal ANYTHING ELSE on Armed Services and ordered to be holidays are listed in the Flag Code to (Mr. KINGSTON asked and was given printed: remind Americans to show respect and permission to address the House for 1 To the Congress of the United States: appreciation for the individuals and minute and to revise and extend his re- In accordance with section 201(3) of events that have had such a profound marks.) the Naval Petroleum Reserves Produc- influence on the history and success of Mr. KINGSTON. Mr. Speaker, take I– tion Act of 1976 (10 U.S.C. 7422(c)(2)), I our great Nation. Regrettably, and ap- 16 right out of Savannah, go about 20 am informing you of my decision to ex- parently due to simple oversight at the miles west and make a left on Highway tend the period of production of the time the King holiday became a Fed- 280, go through Pembroke, go through naval petroleum reserves for a period eral law in 1983, it was not added to the Daisy, and approach Evans County, of 3 years from April 5, 2000, the expira- list in the Flag Code. And so it is right Georgia, and there on the left-hand tion date of the currently authorized to take this measure up on the Correc- side is a little, one-story greenhouse; period of production. tions Calendar here today. and in there lives Ms. Edna Thompson. Attached is a copy of the report in- H.R. 576 is very simple. It will correct I am going to make up the name, but vestigating the necessity of continued the oversight that left the Martin Lu- this is true. production of the reserves as required ther King, Jr. holiday off the list in the Edna Thompson lives there. She has by 10 U.S.C. 7422(c)(2)(B). In light of the U.S. Flag Code of days on which Ameri- been a widow for 17 years. She is on a findings contained in that report, I cer- cans are urged to display the American fixed income. We call it Social Secu- tify that continued production from flag. Identical legislation passed the rity. She always talks to me and wor- the naval petroleum reserves is in the House last year. Unfortunately, it ries about what is happening to my So- national interest. passed on the last day of the 105th Con- cial Security. I hear they are spending WILLIAM J. CLINTON. gress and did not become law. money in Kosovo. I hear they are going THE WHITE HOUSE, October 8, 1999. H.R. 576 deserves our bipartisan sup- to increase foreign aid. I hear a lot of port. I urge the Members of the House things about spending money in new f to join together in correcting this over- programs. But are they taking it out of sight in the Flag Code. By adding the Social Security? CORRECTIONS CALENDAR King holiday to the Flag Code and ask- Today I can look her in the eye and The SPEAKER pro tempore. This is ing Americans to display the flag on say, no, ma’am. In 1999, for the first the day for the call of the Corrections the day we honor Dr. King, we will en- time in modern history, Congress has Calendar. courage Americans to honor Dr. King not spent one nickel of her Social Se- The Clerk will call the bill on the and his magnificent efforts to advance curity. Corrections Calendar. civil and human rights in America. October 12, 1999 CONGRESSIONAL RECORD — HOUSE H9829 Mr. Speaker, I reserve the balance of The U.S. Flag Code encourages all ida, the chairman of the subcommittee my time. Americans to remember the signifi- of the Committee on the Judiciary, for Mr. SCOTT. Mr. Speaker, I yield 30 cance of each Federal holiday through moving this forward with the speed at minutes to the gentleman from Texas the display of our Nation’s banner. The which it has come. I appreciate that (Mr. BENTSEN) and ask unanimous con- Flag Code reminds people that on cer- very much, and on behalf of all of those sent that he be allowed to control that tain days each year, displaying the flag in this country who realize that Dr. time. will show respect for certain individ- Martin Luther King, Jr. is probably the The SPEAKER pro tempore (Mr. uals and events that have shaped our most significant figure in the 20th cen- STEARNS). Is there objection to the re- great Nation. Dr. Martin Luther King, tury, not only in America but in the quest of the gentleman from Virginia? Jr., the greatest civil rights leader of world in terms of the understanding There was no objection. our age, deserves the respect and rev- that he has brought to human rights Mr. BENTSEN. Mr. Speaker, I yield erence symbolized by the raising of our and peace and justice. myself such time as I may consume. Nation’s banner in his memory. Dr. King has been a very strong force (Mr. BENTSEN asked and was given Mr. Speaker, another extraordinary in my life. He has been a good friend of permission to revise and extend his re- aspect about this legislation is how Rosa Parks, who came from Mont- marks.) this oversight was brought to my at- gomery, Alabama to Detroit to asso- Mr. BENTSEN. Mr. Speaker, I rise tention. A constituent, Mr. Charles ciate herself with my efforts for many, today in strong support of H.R. 576, leg- Spain, a resident of Houston and presi- many years, and in the course of it, I islation which I introduced correcting dent of the North American had the honor of getting to know Mrs. an oversight that occurred in the 98th Vexillological Association, contacted Coretta Scott King and indeed the en- Congress during the establishment of me about this glaring oversight 2 years tire King family. There exists in At- the Federal holiday celebrating the ago. In fact, he became aware of this lanta now a Martin Luther King Center birth of our Nation’s greatest civil legislative oversight 7 years ago. I am for Nonviolence which is still a shrine rights leader, Dr. Martin Luther King, grateful for his diligence and assist- to which people come from around the Jr. Specifically, my legislation will add ance in helping my office and the Con- world to join in the understanding of Dr. King’s holiday to the list of Federal gress to correct this error. His effort justice and peace and humanitarian, holidays in which the American flag demonstrates that all citizens have the the reaching out, and also to reflect on should be displayed in honor of that ability to contact and petition their the civil rights struggle. person or event. Congress and make important con- Dr. King will forever remain a sym- I would like to thank the gentleman tributions to the legislative process. bol of what the best of America can be, from Michigan (Mr. CAMP) and the gen- While I am certainly honored that my and in a way what Charles Spain and tleman from California (Mr. WAXMAN) office could play a small part in fur- the gentleman from Texas have done is of the Speaker’s Correction Day Advi- thering the efforts to raise public really in the wake of and in the spirit sory Group as well as the gentleman awareness of Dr. King’s life and of Dr. King himself. This is a small but from Illinois (Mr. HYDE), the gen- achievements, I am most pleased as critical correction. Every holiday en- tleman from Michigan (Mr. CONYERS), well that a private citizen of the courages us to display the flag except the gentleman from Florida (Mr. United States and a constituent has this one, inadvertently left out. How it MCCOLLUM) and the gentleman from been able to utilize the levers of the got left out after 15 years of struggle to Virginia (Mr. SCOTT) for the work that House of Representatives to effect leg- get the bill passed, heaven only knows. they have done on the Committee on islative change. And so I am very delighted to join in the Judiciary on this as well. I believe the American people should what I am sure will be unanimous sup- An identical bill which I also intro- be afforded the opportunity to pay port for the measure that is before us duced in 1998 was adopted by the House their respects to the memory of Dr. now. I thank again all of the sponsors on the last day of the 105th Congress King and all of his achievements and those that have made it possible. last year. Unfortunately, the other through the display of our flag on his Mr. BENTSEN. Mr. Speaker, I thank body had not acted and therefore no day. Of the 10 permanent Federal holi- the gentleman from Michigan for his law moved forward. Furthermore, the days, only the day honoring Dr. King kind words. Senate has adopted an identical lacks this specific honor, and I believe Mr. Speaker, I yield 2 minutes to the version, S. 322, in this Congress. that as Dr. King’s holiday fast ap- gentleman from Ohio (Mr. TRAFICANT). This legislation was first brought to proaches, it is now appropriate to cor- Mr. TRAFICANT. Mr. Speaker, I my attention during the 105th Congress rect this omission. want to associate myself with the re- when a constituent from my district Mr. Speaker, the Corrections Cal- marks of the gentleman from Michi- with a particular interest in endar was designed to provide an expe- gan, the distinguished ranking member vexillology, the study of flags, con- dited legislative procedure for cor- of the Committee on the Judiciary. tacted my office after discovering that recting errors in the law. Today, the What I would like to say, I was not Dr. King’s official holiday was not House can achieve that and two addi- here to speak on this issue, I am here being observed through the U.S. Flag tional goals: one, ensuring that our Na- on my legislation honoring the mother Code. This omission, while not inten- tion honors a true American hero who of Louis and Carl Stokes, but I want to tional, should be offered to the Amer- made the ultimate sacrifice in order to say this. This is a bit of irony in the ican people as yet another avenue they make our Nation and all people in the House today. Martin Luther King, Jr. can use to honor the memory and the world a better place; and the second, was targeted by the Justice Depart- legacy of Dr. King. proving that a single citizen, in Mr. ment, the Federal Bureau of Investiga- It is customary during the establish- Spain, can make a difference in the tion and much of our establishment. He ment of official Federal holidays to American democratic experiment. was targeted basically because, in the signify the importance of the date Mr. Speaker, I urge my colleagues to gentleman from Michigan’s words, he through its recognition in the U.S. support this measure to further honor was a great man but he happened to be Flag Code. The 77th Congress of the the legacy of Dr. King and to continue a great black man. As a result, Amer- United States passed Public Law 623 to move forward with his dream. ica feared that power, and today we which codified the U.S. Flag Code. This Mr. Speaker, I yield such time as he embrace the vision. That is what we legislation also ensured that as new may consume to the gentleman from should be doing. That is the essence of Federal holidays were added, like the Michigan (Mr. CONYERS), the ranking this legislation. Federal holiday honoring Dr. King, of- member of the Committee on the Judi- I am very glad that I was on the ficial notation in the Flag Code would ciary. floor, Mr. Speaker, and I am very proud occur without delay. Unfortunately, Mr. CONYERS. Mr. Speaker, I come to be associated with this vote. I com- the legislation, Public Law 98–144, es- to indicate my strong support for H.R. mend all those responsible. tablishing the holiday recognizing Dr. 576. I want to thank the gentleman Mr. BENTSEN. Mr. Speaker, I yield 2 King, failed to include language nec- from Texas, our colleague from Hous- minutes to the gentlewoman from essary to reference the U.S. Flag Code. ton, and also the gentleman from Flor- Texas (Ms. JACKSON-LEE). H9830 CONGRESSIONAL RECORD — HOUSE October 12, 1999 Ms. JACKSON-LEE of Texas. Mr. the list of days on which the flag should espe- to represent one of the brightest stars in a Speaker, I thank the gentleman from cially be displayed. new national constellation of freedom, liberty, Texas for yielding me this time. I As chairman of the Corrections Advisory racial equality and justice. thank the gentleman from Michigan Group, it was my pleasure to work with Con- Mr. Speaker, there are those who have (Mr. CONYERS), the gentleman from Il- gressman BENTSEN and the minority ranking fought for liberty, there are those who have linois (Mr. HYDE), the gentleman from member, the gentleman from California, Mr. bled for liberty, and there are those who have Florida (Mr. MCCOLLUM) and the gen- WAXMAN, and the test of the members of the even died for liberty. Martin Luther King, Jr. tleman from Virginia (Mr. SCOTT). This committee to expedite consideration of this died fighting for the liberty of our people. We is long overdue. In fact, I followed the Corrections Day bill. honor him and his legacy by flying the flag of gentleman from Texas as his con- This bill was favorably reviewed by the Cor- the United States in memory of this great and stituent raised this issue with him. I rections Advisory Group and is fully supported shining star. want to congratulate him for the effort by my colleagues on the other side of the Ms. JACKSON-LEE of Texas. Mr. Speaker, to bring about this correction and ac- aisle. The advisory group was able to work I rise in support of H.R. 576. This bill would knowledgment of the life and legacy of with the Speaker and the committees of juris- amend the act commonly called the ``Flag Dr. Martin Luther King. diction to bring this bill to the floor today. Code'' to add the Martin Luther King, Jr. Holi- As the gentleman from Texas knows, The Corrections Calendar was formed to day to the list of days on which the Flag Texas was one of the States that gath- provide a special forum to address unneces- should especially be displayed. ered early, although it was not an easy sary, outdated, and obsolete laws. Bills con- Our flag is more than scraps of colorful cloth vote and debate, to make the Martin sidered on our Corrections Calendar are first because it symbolizes the country itself. On Luther King holiday a State holiday in considered by the Corrections Day Advisory Monday, June 14th, our nation celebrated the the State of Texas, and, of course, sup- Group, which meets periodically to consider 222nd birthday of the U.S. Flag. Since the ported it being a Federal holiday. It is various legislative proposals designed to im- adoption of the Stars and Stripes pattern by well known that Dr. King was many prove the federal government's efficiency and the Continental Congress our flag has been a things to many persons, but I think effectiveness. symbol of unity. Unifying people of different what we will all remember him for is The standing committee of jurisdiction must backgrounds under a singular banner. Our being principled and being an advocate then act and report the bill before it can be Flag is recognized as a symbol of freedom in the eye of the storm. Many times placed on the Corrections Calendar. Only after and justice throughout the world. what he advocated was not in the pop- the committees of jurisdiction have acted and When the flag was first adopted in 1777, the ular poll. And even as he spoke about the Speaker has consulted with the minority U.S. Continental Congress justified the flag's opening up opportunities that we leader, can the legislation be placed on the attributes this way: ``White signifies purity and might be able to participate in the ac- Corrections Calendar. innocence; Red, hardiness and valor; Blue sig- commodations of hotels and res- Mr. Speaker, this bill is clearly a ``correc- nifies vigilance, perseverance and justice,'' taurants, I think his mind was think- tions bill.'' Every other Federal holiday is listed with the stars forming ``a new constellation.'' ing even further about how to make in the Flag Code, and when Congress ap- With a description like that, it's no wonder that this Nation a better place. proved Martin Luther King Jr. Day in 1983, it many associate the same values represented And so as we acknowledge in the was not added to the Flag Code through an in the Flag with the activities of Martin Luther Flag Code his day by exhibiting the unintended oversight. Similar legislation King, Jr. Dr. King's life was a unifying force flag in all of our homes, this is a spe- passed the House last year, but because it during the civil rights struggle. cial acknowledgment, that even though was passed on the last day of session, did not Dr. King's beliefs and actions are at the you may be going in the eye of the become law. This year, the Senate has also core of what it means to be an American. His storm and may not have the popular passed similar legislation, and it is high time to words and actions changed American history cause, it is right to have the right pass this bill and see it become law. and have left a lasting legacy for future gen- cause and the principled cause. I think Mr. Speaker, this is a straightforward, bipar- erations to follow. King battled desegregation we all can reflect on that now as Dr. tisan bill that corrects a glaring error in our in Birmingham, recited his dream of racial har- King in the waning hours of his life Flag Code, and pays due respect to our Na- mony at the rally in Washington, marched for went into Memphis and other places, tion's greatest civil rights leader. I urge my col- voting rights in Selma, Alabama, and provided one, to talk about the Vietnam War leagues to support H.R. 576. inspiration for all Americans. I congratulate Mr. and, two, to talk about economic op- Mrs. MEEK of Florida. Mr. Speaker, I rise in BENTSEN on his sponsorship of the legislation. portunity and prosperity. Now many of support of H.R. 576ÐTo Amend the Act Com- Mr. Speaker, I ask all my colleagues to sup- us reflect upon his words and his mis- monly Called the ``Flag Code'' to Add the Mar- port this bill. sion to realize that he was right, that tin Luther King, Jr. Holiday to the List of Days Mr. BENTSEN. Mr. Speaker, I have we should seek peace in this world, and on Which the Flag Should Especially be Dis- no further requests for time, and I that we should seek economic pros- played. This bill adds the Martin Luther King, yield back the balance of my time. perity. Jr. holiday to the list of days on which the U.S. Mr. MCCOLLUM. Mr. Speaker, I yield So I congratulate the gentleman flag should especially be flown. back the balance of my time. from Texas and join him in supporting The Martin Luther King, Jr. holiday was es- The SPEAKER pro tempore. Pursu- this legislation and would hope my col- tablished in 1983 as a national holiday to cele- ant to the rule, the bill is considered leagues would support it. brate his birthday. The laws relating to the flag read for amendment and the previous Mr. BENTSEN. Mr. Speaker, I yield 1 of the United States are found in detail in the question is ordered. minute to the gentleman from Ohio United States Code and designate on which The question is on the engrossment (Mr. KUCINICH). national holidays the flag should particularly and third reading of the bill. Mr. KUCINICH. Mr. Speaker, I want be flown. The bill was ordered to be engrossed to let the gentleman from Texas know Unfortunately, when the holiday for Martin and read a third time, and was read the how much I appreciate his sponsorship Luther King, Jr. was designated, Congress in- third time. of this and to note that when we sing advertently failed to include additional lan- b the Star Spangled Banner, we end up guage in the legislation to list the new holiday 1430 by talking about the land of the free in the Flag Code. We stand today to correct The SPEAKER pro tempore (Mr. and the home of the brave. There can- this wrong. STEARNS). The question is on passage not be any finer tribute to Dr. Martin Our flag originated as a result of a resolu- of the bill. Luther King than when celebrating his tion adopted by the Marine Committee of the The question was taken; and (three- day in this country that we display the Second Continental Congress at Philadelphia fifths having voted in favor thereof) flag and in a sense confirm his journey on June 14, 1777. The resolution read, ``Re- the bill was passed. for freedom and his journey of bravery. solved, that the flag of the United States be A motion to reconsider was laid on Mr. CAMP. Mr. Speaker, I rise today in sup- thirteen stripes, alternate red and white; that the table. port of H.R. 576, a bill introduced by the gen- the union be thirteen stars, white in a blue Mr. MCCOLLUM. Mr. Speaker, I ask tleman from Texas. The gentleman's legisla- field representing a new constellation.'' Little unanimous consent to take from the tion would amend the U.S. Flag Code to add did they know when this resolution was Speaker’s table the Senate bill (S. 322) the Martin Luther King Jr. Federal holiday to passed that Martin Luther King, Jr. would live to amend title 4, United States Code, October 12, 1999 CONGRESSIONAL RECORD — HOUSE H9831 to add the Martin Luther King Jr. holi- alties for harming animals used in Fed- erty. The statute imposes punishment day to the list of days on which the eral law enforcement, as amended. based on the value of the damage done flag should especially be displayed, and The Clerk read as follows: in monetary terms. Under that statute ask for its immediate consideration. H.R. 1791 a criminal who kills a police dog might The Clerk read the title of the Senate Be it enacted by the Senate and House of Rep- receive only a misdemeanor sentence bill. resentatives of the United States of America in due to the low monetary value of the The SPEAKER pro tempore. Is there Congress assembled, dog; but, as we all know, the govern- objection to the request of the gen- SECTION 1. SHORT TITLE. ment spends a considerable amount of tleman from Florida? This Act may be cited as the ‘‘Federal Law time and money to train these animals. Mr. BENTSEN. Reserving the right Enforcement Animal Protection Act of 1999’’. And the government employees who to object, Mr. Speaker, I yield to the SEC. 2. HARMING ANIMALS USED IN LAW EN- use these dogs during the course of FORCEMENT. gentleman from Florida (Mr. MCCOL- their law enforcement work often form (a) IN GENERAL.—Chapter 65 of title 18, LUM) for an explanation. a close bond with them, and so their United States Code, is amended by adding at work can suffer when the animal they Mr. MCCOLLUM. Mr. Speaker, this the end the following: text is virtually identical to the Mar- work with each day is harmed. ‘‘§ 1368. Harming animals used in law enforce- tin Luther King corrections bill we just In many cases these animals have ment prevented harm to citizens and even passed in the House. It has already ‘‘(a) Whoever willfully and maliciously passed the Senate. This way we can saved the lives of children, and so it is harms any police animal, or attempts to con- appropriate that we punish criminal send it immediately to the President, spires to do so, shall be fined under this title and it becomes law, and it is purely and imprisoned not more than one year. If acts towards these animals more technical in that regard. But I thank the offense permanently disables or dis- harshly than we punish damage done to the gentleman for yielding. figures the animal, or causes serious bodily inanimate government property. Under Mr. BENTSEN. Mr. Speaker, I with- injury or the death of the animal, the max- the bill, the maximum punishment draw my reservation of objection. imum term of imprisonment shall be 10 that could be imposed for harming a years. The SPEAKER pro tempore. Is there police animal is 1 year in prison. If the ‘‘(b) In this section, the term ‘police ani- offense permanently disables or dis- objection to the request of the gen- mal’ means a dog or horse employed by a tleman from Florida? figures the animal or results in the se- Federal agency (whether in the executive, rious bodily injury or death of the ani- There was no objection. legislative, or judicial branch) for the prin- The Clerk read the Senate bill, as fol- cipal purpose of aiding in the detection of mal, the maximum punishment that lows: criminal activity, enforcement of laws, or can be imposed increases to 10 years in apprehension of criminal offenders.’’. prisonment. S. 322 (b) CLERICAL AMENDMENT.—The table of I support the bill. I believe the bill Be it enacted by the Senate and House of Rep- sections at the beginning of chapter 65 of strikes the right balance. I thank the resentatives of the United States of America in title 18, United States Code, is amended by gentleman from Illinois (Mr. WELLER) Congress assembled, adding at the end the following new item: for his leadership in bringing this issue SECTION 1. ADDITION OF MARTIN LUTHER KING ‘‘1368. Harming animals used in law enforce- to the attention of the Committee on JR. HOLIDAY TO LIST OF DAYS. ment.’’. Section 6(d) of title 4, United States Code, the Judiciary, and I urge all my col- is amended by inserting ‘‘Martin Luther The SPEAKER pro tempore. Pursu- leagues to support it. King Jr.’s birthday, third Monday in Janu- ant to the rule, the gentleman from Mr. Speaker, I reserve the balance of ary;’’ after ‘‘January 20;’’. Florida (Mr. MCCOLLUM) and the gen- my time. Mr. SCOTT. Mr. Speaker, I yield my- The Senate bill was ordered to be tleman from Virginia (Mr. SCOTT) each will control 20 minutes. self such time as I may consume. read a third time, was read the third Under current law, Mr. Speaker, as time, and passed, and a motion to re- The Chair recognizes the gentleman from Florida (Mr. MCCOLLUM). the gentleman has indicated, damage consider was laid on the table. from an animal owned by the Federal GENERAL LEAVE A similar House bill (H.R. 576) was Government is punishable as destruc- Mr. MCCOLLUM. Mr. Speaker, I ask laid on the table. tion of Federal property. More specifi- f unanimous consent that all Members cally, willful harm to an animal owned may have 5 legislative days to revise MESSAGE FROM THE PRESIDENT by the Federal Government whose and extend their remarks on H.R. 1791, damage or injury is valued at less than A message in writing from the Presi- the bill under consideration. a thousand dollars and results in a 1- dent of the United States was commu- The SPEAKER pro tempore. Is there year maximum imprisonment if the nicated to the House by Mr. Sherman objection to the request of the gen- damage exceeds the thousand dollars, Williams, one of his secretaries. tleman from Florida? the maximum punishment is 10 years. f There was no objection. One problem with the provision is Mr. MCCOLLUM. Mr. Speaker, I yield that police dogs rarely have a technical ANNOUNCEMENT BY THE SPEAKER myself such time as I may consume. PRO TEMPORE value which exceeds a thousand dol- The Federal Law Enforcement Ani- lars, so no matter how vicious or cruel The SPEAKER pro tempore. Pursu- mal Protection Act of 1999 was intro- the offense, under current law the fel- ant to the provisions of clause 8 of rule duced by the gentleman from Illinois ony provisions cannot be invoked. H.R. XX, the Chair announces that he will (Mr. WELLER) and passed both the Sub- 1791, the Federal Law Enforcement postpone further proceedings today on committee on Crime and the full Com- Animal Protection Act of 1999, would each motion to suspend the rules on mittee on the Judiciary by voice votes. make it a crime to willfully harm any which a recorded vote or the yeas and This bill proposes to add a new section police animal or attempt to do so. The nays are ordered or on which the vote to the Federal Criminal Code that maximum punishment would be 1 year is objected to under clause 6 of rule would make it a crime to willfully and imprisonment unless that harm in- XX. maliciously harm any police animal or flicted disables or disfigures the ani- Such rollcall votes, if postponed, will attempt to conspire or attempt or con- mal, in which case the maximum pen- be taken after debate has concluded on spire to do so. The bill defines police alty would increase to 10 years. all motions to suspend the rules, but animal as a dog or horse employed by At full committee markup, the not before 6 p.m. today. a Federal agency for the principle pur- amendments were offered to specify f pose of detecting criminal activity, en- that we are talking about an act done forcing the laws or apprehending crimi- out of malice to the animal as opposed FEDERAL LAW ENFORCEMENT nal offenders. to simply responding to an attack by ANIMAL PROTECTION ACT OF 1999 Under current law, harming an ani- the animal and to establish a clear line Mr. MCCOLLUM. Mr. Speaker, I mal used by the Federal Government between the felony injury and the mis- move to suspend the rules and pass the for law enforcement purposes can only demeanor. The amendments were ac- bill (H.R. 1791) to amend title 18, be punished under the statute that cepted and were incorporated in the United States Code, to provide pen- punishes damage to government prop- bill as we are now considering it. H9832 CONGRESSIONAL RECORD — HOUSE October 12, 1999 With those changes, Mr. Speaker, I ficer’s first line of defense when fight- support. I particularly want to thank support H.R. 1791. ing crime. Federal canines, Federal po- my colleague, the gentleman from New Mr. Speaker, I reserve the balance of lice dogs cost the taxpayers up to Jersey (Mr. ROTHMAN) and the gen- my time. $20,000 to train, up to $3500 to purchase tleman from Ohio (Mr. CHABOT) who Mr. MCCOLLUM. Mr. Speaker, I yield and over a thousand dollars a year to both serve on the Committee on the such time as he may consume to the feed and keep healthy every year. Park Judiciary and helped move this legisla- gentleman from Illinois (Mr. WELLER), police tells me that it costs them al- tion along. I also want to thank the the author of this bill. most $2,500 a year also to keep their gentleman from Florida (Mr. MCCOL- (Mr. WELLER asked and was given horses maintained and healthy as well. LUM) and the gentleman from Illinois permission to revise and extend his re- To illustrate the value of these ani- (Mr. HYDE) as well as the gentleman marks.) mals who are a human officer’s first from Michigan (Mr. CONYERS) and the Mr. WELLER. Mr. Speaker, I particu- line of defense in fighting drugs and gentleman from Virginia (Mr. SCOTT) larly want to thank my friend, the gen- other crimes, let me give these statis- and their staffs for their quick action tleman from Florida (Mr. MCCOLLUM) tics: on H.R. 1791. for his help and assistance in moving In 1998 alone, 164 canine teams of the I also want to thank the assistance of this legislation forward. Border Patrol apprehended over 32,000 director Carl Newcombe, the Customs Mr. Speaker, it is a simple question. illegal aliens, uncovered over 4 tons of Service Canine Center; associate chief, Is it right that Federal law enforce- cocaine, 150 tons of marijuana, and Bill Carter; and Manny Flores of the ment animals, dogs and horses, have no over $2 million in illegal drug moneys. United States Border Patrol; Wayne more protection under the law than a Customs Service canines have had Pacelle of the Humane Society; Russ computer or a government desk? Is it similar success with 627 canine teams Hess, United States Police Canine As- right that if one maims or kills a drug serving over 75 locations nationwide in- sociation; and the officers of the Park sniffing dog that they are held no more cluding most of our international air- Police and the U.S. Capitol Police who accountable than if they smash a ports and port cities. Customs Service have helped with this legislation. chair? has canine teams stationed at O’Hare Mr. Speaker, our federal law enforce- Well, under current law that is true. Airport, my home State of Illinois, and ment has asked for this tool. I ask that It is exactly the case, and our federal it has also come to my attention that this House answer their call and pass law enforcement animals, both dogs the Eleventh Congressional District H.R. 1791 today. Please vote to hold ac- and horses, are afforded no more pro- which I have the privilege of rep- countable those who would maim, tection under the law than a piece of resenting is a source where federal law wound, or kill a police dog or police furniture. Today these highly-trained enforcement agencies go to get canines horse, Mr. Speaker. animals are covered under the same from local breeders in my home State Mr. SCOTT. Mr. Speaker, I yield such statutes that deal with the destruction of Illinois. time as he may consume to the gen- of government property. While this is a Mr. Speaker, just take a moment and tleman from New Jersey (Mr. ROTH- tool, the problem with the destruction listen to the people who know first- MAN), a distinguished member of the of government property statute is that hand the value of these animals. Russ Committee on the Judiciary and a co- it is very hard to prosecute in cases Hess, Executive Director of the United sponsor of the legislation. where a dog or horse is injured or as- States Police Canine Association wrote (Mr. ROTHMAN asked and was given saulted but not killed. Additionally, me back in May, and I quote, the in- permission to revise and extend his re- the current statute does not include crease in assault on law enforcement marks.) Mr. ROTHMAN. Mr. Speaker, I first any mandatory jail time for those who animals is at an all time high. In 1998, want to begin by thanking my dear col- would injure or kill these valuable ani- we had eight dogs killed in the line of league, the gentleman from Illinois mals. duty. The passage of H.R. 1791 will in- (Mr. WELLER). He put together a won- Our legislation cosponsored with my crease the penalty for injuring or kill- derful bill to help protect Federal law friend, the gentleman from New Jersey ing these valuable animals. Wayne Pacelle, of the Humane Soci- enforcement animals, invited me to get (Mr. ROTHMAN), H.R. 1791, the Federal ety of the United States, writes quote, on right away, and we worked together Law Enforcement Animal Protection Officers often spend more hours of the with our Subcommittee on Crime Act which was drafted in cooperative day with their police animals than chair, the gentleman from Florida (Mr. effort with United States Border Pa- with family. As the first line of defense MCCOLLUM), and our ranking member, trol, United States Customs Service, for an officer, police animals daily put the gentleman from Virginia (Mr. United States Park Police, and other themselves in dangerous positions on SCOTT), and the entire committee to agencies as well as the Humane Society behalf of their officer and ultimately move this piece of legislation forward of the United States will address these our communities as a whole. in a bipartisan manner. problems. H.R. 1791 will use the same Mr. Speaker, this is not ground b 1445 fine structure as the current destruc- breaking legislation. In fact, we here in tion of government property statute the Congress at the Federal level are Last week, we did the Patients’ Bill but will add two sections to current behind the eight ball. Already 27 States of Rights in a bipartisan manner. This law, one for assaults on police animals have similar laws on the books to pro- week we are going to do the Federal and one for disablement, disfigurement tect their local and State law enforce- Law Enforcement Animal Protection or death of the animal. ment animals particularly police dogs. Act in a bipartisan manner. Who knows For the lesser assault violation, of- Fortunately, attacks on our federal what is next? Hopefully, this is the fenders will be subject for a fine of up law enforcement animals are not wide- start of something good. to $1,000 with mandatory jail time of spread; but, unfortunately, they are on Mr. Speaker, I rise in support of H.R. up to 1 year. For the more serious of- the rise. In fact, just last week my of- 1791, the Federal Law Enforcement fense of death or disfigurement, viola- fice received a call from the United Animal Protection Act. Most people tors will be subject to a fine in excess States Park Police because one of their think of those who protect us in law of $1,000 with mandatory jail time dogs, one of their canines, was injured enforcement as dedicated men and ranging from 1 to 10 years. by a suspect attempting to flee arrest. women who put their lives on the line All federal law enforcement animals Passage of H.R. 1791 sends a strong daily, make innumerable sacrifices, and all three branches of government message to the thugs who will think of take enormous risks, put their families will be covered by H.R. 1791 from the causing harm to our law enforcement and their lives in jeopardy, and that is horses used in law enforcement here in animals. Let us make it clear. Some- true. They represent the thin, blue line Washington on the mall or at the one hits or kills a law enforcement ani- that separates civilized society from Grand Canyon to agricultural inspec- mal, they go to jail just as if they hit anarchists and criminals; and we have tion canines and drug-sniffing dogs any other law federal enforcement offi- to do all in our power to give law en- used by the Customs Service and Bor- cer. forcement people the tools, the re- der Patrol. These are highly trained Mr. Speaker, this is good bipartisan sources, and the support that they need animals and they are often a human of- legislation with a wide spectrum of to do their job. October 12, 1999 CONGRESSIONAL RECORD — HOUSE H9833 But there are other living creatures Last week was the Patient’s Bill of States Post Office located at 713 Elm who assist us in our law enforcement Rights, and now the Federal Law En- Street in Wakefield, Kansas, as the endeavors, and they are the dogs and forcement Animal Protection Act. ‘‘William H. Avery Post Office.’’ the horses who work with our law en- Hopefully, we will get together in a bi- The Clerk read as follows: forcement personnel to sniff out drugs, partisan fashion to do who knows, H.R. 2591 to apprehend the bad guys who are flee- maybe even to pass a budget. Be it enacted by the Senate and House of Rep- ing the scene, and to otherwise keep Mr. Speaker, I strongly support H.R. resentatives of the United States of America in order in our society. 1791, and I thank my colleagues for Congress assembled, Mr. Speaker, I spoke this morning at their support as well, and I urge the en- SECTION 1. DESIGNATION. a high school in Wallington, New Jer- tire House to do the same. The United States Post Office located at sey, and among the many other things Mr. FARR of California. Mr. Speaker, I rise 713 Elm Street in Wakefield, Kansas, shall be we talked about, I told them I was known and designated as the ‘‘William H. in support of H.R. 1791, the Federal Law En- Avery Post Office’’. coming today to work with the gen- forcement Animal Protection Act. This is a SEC. 2. REFERENCES. tleman from Illinois (Mr. WELLER) and good bill because it enables us to convict Any reference in a law, map, regulation, my other colleagues to pass this Fed- criminals for harming police animals. As part document, paper, or other record of the eral Law Enforcement Animal Protec- of their job, police animals risk their lives side- United States to the post office referred to in tion Act to protect those dogs and Fed- by-side with their human partners in law en- section 1 shall be deemed to be a reference to eral police dogs and horses who are in- forcement. These animals patrol our national the ‘‘William H. Avery Post Office’’. tentionally injured or killed by crimi- parks, our national borders, our airports, and The SPEAKER pro tempore. Pursu- nals. And they said, gee, is that not a even our United States Capitol is guarded by ant to the rule, the gentleman from law already? And I said, well, no, it is 30 K±9 units. New York (Mr. MCHUGH) and the gen- not. It is the law in several States in Police officers depend on these animals to tleman from Pennsylvania (Mr. the United States, but it has never do their job and therefore, it is critical that we FATTAH) each will control 20 minutes. been the law of the land, the Federal protect them. The U.S. Border Patrol uses 164 The Chair recognizes the gentleman law. K±9 Teams, which in 1998 alone detected from New York (Mr. MCHUGH). So I thank the gentleman from Illi- over 4 tons of cocaine, 150 tons of marijuana Mr. MCHUGH. Mr. Speaker, I yield nois (Mr. WELLER) and others for bring- and over $2 million in drug money. Unfortu- myself such time as I may consume. ing this matter to our attention, allow- nately, last year 8 K±9 dogs were killed and Mr. Speaker, the bill before us, H.R. ing us to work to put this matter fi- many more sustained injuries from attacks 2591, was introduced by our colleague, nally to rest, to protect those brave po- while on the job. Mr. WELLER's bill would ap- the gentleman from Kansas (Mr. lice animals who do so much for our so- propriately penalize this misconduct. MORAN) and is sponsored by each Mem- ciety. Under current Federal law, Federal K±9s ber of the House delegation from the Mr. Speaker, it is not just the cost of and horses are only protected by the U.S. great State of Kansas, which is pursu- the animals, which is significant in a statutes that govern destruction of government ant to a long-standing policy of the tight budget; there are tight budgets of property. Current law places fines of up to Committee on Government Reform. the Federal level, State, county and $1,000 if the act is under $1,000 with the op- This legislation, as noted by the Clerk, local, and we know that there is a sig- tion of jail for up to 1 year. If the damage ex- designates the United States Post Of- nificant investment of thousands of ceeds $1,000, then the fine would be in ex- fice located at 713 Elm Street in Wake- dollars in the purchase and the train- cess of $1,000 with the option of jail for up to field, Kansas as the William H. Avery ing of police dogs and police horses. It 10 years. Post Office. is also the time and the energy of the The Federal Law Enforcement Animal Pro- Mr. Speaker, I want to begin by com- humans who have to train them, care tection Act makes it a Federal crime to willfully mending the gentleman from Kansas for them, and oversee their well-being, harm any police animal, or to attempt to con- for his leadership on this issue, for as well as lead them in the course of spire to do so. This would include simple as- bringing to our attention I think a their daily work. saults, bites, kicks, punches, and plots to in- very, very laudable, worthy designa- But beyond the mere costs, we can jure animals. The penalty would be a fine up tion and express my appreciation as also, I think, recognize that these are to $1,000 and mandatory jail for up to 1 year. well from the gentleman from Pennsyl- the lives of animals. And so while this The bill also recognizes the important law en- vania (Mr. FATTAH), the ranking mem- is a bill for law enforcement, to give forcement function these animals perform, the ber, and all of the members of the sub- law enforcement the tools, protect cost of training to the government, and the committee and the committee and its their resources that these animals cer- bond between handler and animal. Chairman, the gentleman from Indiana tainly are, it is also to recognize that Twenty-seven States have passed similar (Mr. BURTON), for processing this bill in these are living creatures that we want legislation. The bill passed the Judiciary Com- a very timely manner. to protect, not just like a desk or a mittee by voice vote with 25 bipartisan co- As to the designee, Mr. Avery was chair that a criminal would destroy to sponsors. I urge my colleagues to join me in born the son of a farmer and rancher flee a crime or to obstruct a pursuit of supporting Mr. WELLER's bill. near Wakefield, Kansas, in 1911 and at- law enforcement men and women who Mr. SCOTT. Mr. Speaker, I yield tended Wakefield High School in that are following him or her, but these are back the balance of my time. town. He later graduated from the Uni- police animals who we want to protect Mr. MCCOLLUM. Mr. Speaker, I yield versity of Kansas in 1934, after which as well. back the balance of my time. he returned home to raise crops and So this law would give the discretion The SPEAKER pro tempore (Mr. livestock on his family farm. During to a judge to impose a fine of up to STEARNS). The question is on the mo- that time, he served on the local school $1,000 and the discretion to impose tion offered by the gentleman from board. some kind of jail time if the animal Florida (Mr. MCCOLLUM) that the Mr. Avery was elected to the State was disabled or died, and that that was House suspend the rules and pass the House of Representatives and served the intention of the perpetrator, to in- bill, H.R. 1791, as amended. from 1951 to 1955. He was a Member of jure or disable or kill the animal. The The question was taken; and (two- the legislative council from 1953 to offender would be subject to a fine not thirds having voted in favor thereof) 1955. Mr. Avery won the Republican in excess of $1,000 and will be impris- the rules were suspended and the bill, nomination for the United States Con- oned for up to 10 years in the discretion as amended, was passed. gress and served in this House from of the judge. A motion to reconsider was laid on 1955 to 1965. In 1965, the people of Kan- Again, this is a law that was a long the table. sas elected him to serve one term as time in coming, and certainly very nec- f the 37th governor of Kansas. Mr. Avery essary. We live in a very dangerous, continues to this day to live in his hostile world with lots of problems fac- WILLIAM H. AVERY POST OFFICE hometown of Wakefield, Kansas. ing the United States of America. We Mr. MCHUGH. Mr. Speaker, I move to Mr. Speaker, it is, it seems to me, es- have lots of problems here at home, suspend the rules and pass the bill pecially meaningful to honor a person and we need to deal with them as well. (H.R. 2591) to designate the United during his or her lifetime. Quite often, H9834 CONGRESSIONAL RECORD — HOUSE October 12, 1999 we come to this floor and designate that the Congress recognize the force relocation of nearly two-thirds of these facilities in honor of someone achievements and accomplishments his hometown. who is no longer with us and no longer and the legacy of service of people like Avery was encouraged to run then for able to be directly aware of our appre- the gentleman from Kansas, Mr. Avery, the State House of Representatives, ciation and the honor that they are who we honor today through this legis- and he won, serving from 1951 to 1955. about to receive. But in this instance, lative proposal. Effective and well-liked by all of his we are naming a facility in the home- So Mr. Speaker, I thank the gen- colleagues, he then went on to serve in town after a native son, a place which tleman from New York, and I reserve the United States Congress in this is visited daily by the neighbors and the balance of my time. House for 10 years. friends of that person, and naming it Mr. MCHUGH. Mr. Speaker, I yield As Governor, Mr. Avery was bold and after someone who is identified with myself such time as I may consume to direct. He took his job in public office the town literally from birth. I cer- first respond to the gentleman from very seriously. In his service, Governor tainly urge our colleagues to honor Pennsylvania in saying that I value the Avery worked for everything that was Governor Avery and this very worthy working relationship we have had, and important to Kansas: agriculture, rural recipient. as he so, I think, accurately noted, the communities, water conservation, and Supporting this bill, the Congres- work product of that relationship will education. He was not afraid to make sional Budget Office indicates that en- be shown on this floor today. It has effective but unpopular policy deci- actment of the legislation would have been both an honor and a pleasure to sions. Avery inherited a deficit when no significant impact on the Federal work with him and the Members on his he came to the Kansas State House, budget and would not directly affect side who have joined us in putting and he worked to direct funds towards spending or receipts, and therefore pay- aside partisan differences in attempt- schools and economic growth. He effec- as-you-go procedures would not apply. ing to rather just move legislation that tively reformed education, and brought Additionally, the legislation contains serves the people. new industry to our State. no governmental or private sector In this instance, as I said, we do have After serving as Governor, he became mandates that are defined in the un- the privilege of joining today in sup- active in the oil and grain industries. funded mandates reform act, and as porting a bill that is very worthy and Avery also served in both the Depart- such, would impose no costs on State, recognizes a very worthy individual, as ment of the Interior and the Agency local, or tribal governments. well as having with us on the floor for International Development. In sum, Mr. Speaker, this is a very today the gentleman who really has led For those who know Bill Avery, just worthy piece of legislation, a very wor- the fight to put this bill together and mentioning his name often brings out a thy designee, and I urge all of my col- to bring our attention to this very wor- smile or a chuckle, and provokes a per- leagues to support it this afternoon. thy opportunity. sonal story about the Governor. Often Mr. Speaker, I reserve the balance of Mr. Speaker, I yield 4 minutes to the described as a big, kindhearted, jovial my time. gentleman from Kansas (Mr. MORAN), fellow, Governor Avery is an extremely Mr. FATTAH. Mr. Speaker, I yield the chief advocate, chief sponsor of the colorful, personable, and funny man. myself such time as I may consume. legislation. Having great appreciation for farm- I am pleased to join with the gen- Mr. MORAN of Kansas. Mr. Speaker, ing and being near the people he grew tleman from New York in moving I thank the gentleman from New York up with, he returned to Wakefield when today some five postal naming bills. (Mr. MCHUGH) and the gentleman from he retired in 1980. With his love for This is the first, and it is indeed an Pennsylvania (Mr. FATTAH) for their horses and agriculture, Avery bought a honor for us to have the opportunity to work on this piece of legislation, and I team of horses, collected a line of an- participate. It really provides to the thank the chairman for yielding me tique farm machinery, and worked a people of Kansas the notice that is ap- this time. small piece of farm ground as a hobby. propriate for the service of a former As indicated earlier, I rise to join my Members of the Wakefield community Member by naming this post office, and colleagues in recognizing a man who fondly tell his stories of antique ma- the majority Chairman has walked served for 20 years in public service. chinery and his love for agriculture. through the tremendous public service William H. Avery served as governor of One community member recollects that Congressman Avery provided, not our State and as Congressman for a that in one parade, the press did not just his service here in the Congress for portion of our State from 1950 to 1960s, even recognize Governor Avery because more than a decade, but his service as and it is my honor to speak on behalf he was wearing overalls and a straw a member of a local school board, his of this legislation which names the hat behind his own team of horses. I graduation from Wakefield high, his post office in his hometown of Wake- have a feeling Governor Avery likes it service in the State House, and then fi- field, Kansas. that way. Bill Avery takes very great nally, his service as governor of the Bill Avery became the 37th governor pride in being a farmer. State of Kansas. of Kansas in 1965, but his public service Bill Avery was born and grew up in a I think it is appropriate that we first began over a decade earlier. How- farm near Wakefield. Today, at the age move this naming bill that was intro- ever, he never intended to follow a ca- of 89, he continues to reside in his duced on July 2 by the gentleman from reer in politics or government service. hometown in a house overlooking the Kansas (Mr. MORAN), and as the minor- reservoir that took his farm. He still is b 1500 ity ranking member on the Sub- active in public policy, and in fact, committee on Postal Service, I want to When he graduated from the Univer- writes letters to me and other Members just offer my thanks to the cooperative sity of Kansas, the country was in the of Congress on a regular basis. working relationship that I have had midst of the Great Depression, so rath- Governor Avery was a true farmer with the gentleman from New York er than going on to school, he went and family man who did not let politics (Mr. MCHUGH). back to his family farm to raise crops change him. I admire both his integrity And as we will see today, we have and livestock. He made a life with his and his character, and I am honored to moved through the committee a num- wife and four kids on that farm, the pay this small tribute to our Governor ber of these bills that are important same farm that his family had worked Avery. not just to the Members who have in- since the Civil War. This bill will name the Post Office in troduced them but to the memory of In these early years he expanded the his hometown where he daily goes to those whose names these postal facili- farm and served on the local school collect his mail. I ask that this body ties will bear, because it represents I board. At the age of 39, Mr. Avery be- pass this legislation. think the continuing hope that there came involved in politics for the first Mr. FATTAH. Mr. Speaker, I yield will be others from those communities time when construction of several big myself such time as I may consume. who will come and provide service, not dams in our State threatened to take Mr. Speaker, I think that the pre- just here in this House, but in a variety farmland of his and his neighbors out vious speaker has laid out for the of roles of public service throughout of production. A reservoir was being House ample reason for us to swiftly our Nation, and that it is appropriate planned that would take his farm and pass this legislation. October 12, 1999 CONGRESSIONAL RECORD — HOUSE H9835 Mr. Speaker, I have no further re- House suspend the rules and pass the ardent supporter of the community of quests for time, and I yield back the bill, H.R. 2591. Bond, the city of Wiggins, Stone Coun- balance of my time. The question was taken; and (two- ty, and the State of Mississippi, as a Mr. MCHUGH. Mr. Speaker, I yield thirds having voted in favor thereof) whole. The ancestral home was subse- such time as she may consume to the the rules were suspended and the bill quently donated by Mrs. Dean to the gentlewoman from Maryland (Mrs. was passed. Baptist Children’s Village as a home MORELLA). A motion to reconsider was laid on for children in the Bond community of (Mrs. MORELLA asked and was given the table. Stone County. permission to revise and extend her re- f In addition to his outstanding record, marks.) his outstanding record as a major Mrs. MORELLA. Mr. Speaker, I rise GENERAL LEAVE league baseball pitcher and a baseball in support of H.R. 2591, naming the Mr. MCHUGH. Mr. Speaker, I ask telecaster featuring the major league Post Office for Governor Avery, who unanimous consent that all Members baseball’s Game of the Week, Dizzy also served in the House of Representa- may have 5 legislative days within made many contributions to his local tives. which to revise and extend their re- community which was recognized by Mr. MCHUGH. Mr. Speaker, I yield marks on H.R. 2591, the bill just passed. the mayor and Board of Aldermen of myself such time as I may consume. The SPEAKER pro tempore. Is there the city of Wiggins. It was they, Mr. Mr. Speaker, I have words of appre- objection to the request of the gen- Speaker, who recommended that the ciation to the ranking member, the tleman from New York? newly renovated and expanded post of- gentleman from Pennsylvania (Mr. There was no objection. fice in Wiggins be named after Dizzy ATTAH), and also a word of apprecia- F f Dean, who died on July 17 in 1974. tion to the sponsor, the gentleman Mr. Speaker, I would certainly want from Kansas (Mr. MORAN). JAY HANNA ‘‘DIZZY’’ DEAN POST to commend the gentleman from Mis- Mr. MOORE. Mr. Speaker, I rise today in OFFICE sissippi (Mr. TAYLOR) for working so support of H.R. 2591, legislation introduced by Mr. MCHUGH. Mr. Speaker, I move to closely with the community in bring- my colleague from Kansas, JERRY MORAN, suspend the rules and pass the bill ing this bill to the floor. Again, as is that would designate the Wakefield, Kansas, (H.R. 2460) to designate the United true on all of these proposals, I deeply post office as the William H. Avery Post Of- States Post Office located at 125 Border appreciate the cooperation of the gen- fice. Avenue West in Wiggins, Mississippi, as tleman from Pennsylvania (Mr. Bill Avery served the people of Kansas with the ‘‘Jay Hanna ‘Dizzy’ Dean Post Of- FATTAH) and the entire Committee on distinction in several public offices. Born in fice.’’ Government Reform for their efforts in Wakefield in 1911, he attended public schools The Clerk read as follows: this matter. and earned an A.B. at the University of Kan- I would certainly urge our colleagues H.R. 2460 sas in 1934. A farmer and stockman since to support a bill which recognizes, real- 1935, he became director of the Wakefield Be it enacted by the Senate and House of Rep- ly, to those of us who grew up in the resentatives of the United States of America in Rural High School Board of Education in 1946 Congress assembled, 1950s and 1960s who really spent many, and was elected to the Kansas House of Rep- many weekends watching the game of SECTION 1. DESIGNATION. resentatives in 1950. While in the legislature, The United States Post Office located at the week, sometimes to the distress of he served on the Legislative Coordinating 125 Border Avenue West in Wiggins, Mis- our English teachers, learning a bit of Council. sissippi, shall be known and designated as colorful and sometimes creative lan- Bill Avery was elected to Congress five the ‘‘Jay Hanna ‘Dizzy’ Dean Post Office’’. guage from the great Dizzy Dean, to times, serving from 1955±1965. In 1964, he SEC. 2. REFERENCES. pass this bill and support what I think was elected governor of Kansas, where he Any reference in a law, map, regulation, is a very, very worthy measure. served for two years until his defeat for re- document, paper, or other record of the Mr. Speaker, I reserve the balance of election by Robert Docking, who went on to United States to the post office referred to in my time. be the only Kansan elected to the governor- section 1 shall be deemed to be a reference to Mr. FATTAH. Mr. Speaker, I yield ship four times. During his tenure as governor, the ‘‘Jay Hanna ‘Dizzy’ Dean Post Office’’. myself such time as I may consume. Bill Avery tackled several complicated, con- The SPEAKER pro tempore. Pursu- Mr. Speaker, I would like to join troversial issues, including enactment of a ant to the rule, the gentleman from with the chairman of the Sub- school funding program which provided broad- New York (Mr. MCHUGH) and the gen- committee on Postal Service, the ma- er state support for elementary and high tleman from Pennsylvania (Mr. jority chair, in support of this legisla- schools through increases in the sales, liquor, FATTAH) each will control 20 minutes. tion. cigarette and income taxes, including estab- The Chair recognizes the gentleman First and foremost, Mr. Speaker, it lishment of state income tax withholding. He from New York (Mr. MCHUGH). has been an honor to be able to work also presided over implementation of a school Mr. MCHUGH. Mr. Speaker, I yield with my colleague, the gentleman from unification statute that closed many rural myself such time as I may consume. Mississippi, who we are going to hear schools. Mr. Speaker, I am pleased to speak from in just a few minutes, who was After leaving the governorship, Bill Avery re- briefly on H.R. 2460, legislation that the prime sponsor of this legislation. turned to Wakefield and became president of was introduced by our colleague, the The gentleman from Mississippi (Mr. Real Petroleum Company. At age 88, he re- gentleman from Mississippi (Mr. TAY- TAYLOR) I think represents not just the sides in Wakefield today. LOR) on July 1 of this year, and as con- State of Mississippi but, in many re- I am pleased to cosponsor this legislation sistent, again, with the policy of Com- spects, because of his concern in terms with my colleagues from the Kansas congres- mittee on Government Reform, it has of national defense and a whole range sional delegation and I am glad to take this been cosponsored by the entire House of issues relative to the national inter- opportunity to commend Bill Avery for his dis- delegation of the great State of Mis- est, the best of what this Congress has tinguished career of public service on behalf of sissippi. to provide in terms of legislative lead- his fellow Kansans. I urge my colleagues to Mr. Speaker, this bill does designate ership. He is principled and committed, support this timely and well-deserved meas- the United States Post Office located and it was a pleasure to be able to help ure. at 125 Border Avenue West in Wiggins, facilitate this bill coming to the floor Mr. MCHUGH. Mr. Speaker, I have no Mississippi, as the Jay Hanna ‘Dizzy’ because it is important to him. further requests for time, and I yield Dean Post Office. Jay Hanna Dean was Naming a postal facility is an appro- back the balance of my time. born on January 16, 1911. He made his priate honor to bestow upon someone The SPEAKER pro tempore (Mr. home in Stone County, Mississippi, who has done all of the things that we STEARNS). The question is on the mo- which is his wife’s ancestral home. are going to hear about in a minute. I tion offered by the gentleman from Dizzy Dean, as most of us know him do not want to steal the thunder from New York (Mr. MCHUGH) that the by, loved his adopted home and was an the sponsor, but I do want to say that H9836 CONGRESSIONAL RECORD — HOUSE October 12, 1999 it says something about his life, that An injury he suffered in the 1937 All- (Mr. TAYLOR) whom I understand his wife would donate the home to the Star Game complicated matters. His worked with his constituent who Baptist Children’s Village as a home toe was broken by a line drive off the brought this forward. I commend the for children. It shows the continuing bat of Earl Averill. Dizzy altered his Committee on Government Reform for legacy that I think this naming of a pitching motion to compensate for the paying tribute to this great American. postal facility will add to. broken toe, injuring his throwing arm He is not only a great baseball player; Mr. Speaker, I yield such time as he in the process. Dean left the Cardinals Dizzy Dean is a great American. may consume to the gentleman from in 1938 and played for a while with the Mr. MCHUGH. Mr. Speaker, I yield the great State of Mississippi (Mr. TAY- Chicago Cubs. Dizzy retired as a three- such time as she may consume to the LOR). time, 20-game winner who finished with gentlewoman from Maryland (Mrs. Mr. TAYLOR of Mississippi. Mr. 150 career wins and 30 career saves. MORELLA). Speaker, I want to thank the chairman Dean was active for many years as an Mrs. MORELLA. Mr. Speaker, I rise of the committee and the ranking announcer for radio and television in strong support of this bill. It is the member for their kind words. I want to baseball broadcasts for both CBS and Federal Law Enforcement Animal Pro- thank Stacy Ballow from South Mis- NBC during the 1940s and 1950s. He en- tection Act. It was introduced by our sissippi’s congressional office for doing tertained scores of fans with his coun- colleagues, the gentleman from Illinois the research and putting this together. try twang and erratic pronunciation. (Mr. WELLER), the gentleman from New Mr. Speaker, Jay Hanna Dean, known He once said, ‘‘I always just went out Jersey (Mr. ROTHMAN), and the gen- by all of us as Dizzy Dean, was elected there and struck out all the fellas I tleman from Ohio (Mr. CHABOT). to the baseball Hall of Fame in 1953. He could. I did not worry about winnin’ Mr. Speaker, what the legislation was possibly the biggest pitching star this number of games or that number, would do is it would increase the pen- in the National League in the 1930s. and I ain’t woofin’ when I say that ei- alties for harming or killing a Federal Dean burst onto the major league stage ther.’’ He also said, ‘‘Them that ain’t law enforcement animal. There are with stunning success, and dominated been fortunate enough to have a gander hundreds of animals that are used in the league for 5 years. at ’ole Diz’ in action can look at the our country every day to protect and A beloved figure in the history of the records.’’ assist police officers. Every day dogs St. Louis Cardinals, Dean first ap- Dean was born in Lucas, Arkansas, in are used to conduct building searches for suspected explosives, assist officers peared in the major leagues in 1930 at 1911. He married Patricia Nash of Bond, Stone County, Mississippi. The Deans with raids, find missing people. the age of 19, pitching a complete-game lived in Mrs. Dean’s ancestral home Law enforcement officers that work victory. He went back to the minors in there. Jay Hanna Dean died in 1974. with these animals consider them to be 1931, and then started full-time with Mrs. Dean later donated their home to loyal partners who deserve respect and the Cardinals in 1932, winning 18 games the Baptist Children’s Village, and it is protection for their work. Criminals for a 3.30 ERA and leading the National used today as a home for children in should not go unpunished for bringing League in strikeouts. He gained noto- the Bond community of Stone County. intentional harm to police animals. riety not just for his clutch pitching, I want to thank young Seth Bond, a This legislation sends a message that but also for his colorful personality, student at Perkinston Elementary Federal law enforcement animals are which earned him the nickname Dizzy. School in Stone County for bringing valued and protected by the Federal That was just the beginning. Dean this to the attention of the mayor and Government. won 20 games in 1933, leading the the Board of Aldermen in Wiggins that Mr. Speaker, I particularly wanted to league in strikeouts, again, as well as Dizzy Dean deserved a fitting local me- speak on this bill because I represent a in games completed. He led the league morial in recognition of his life, ac- district that has demonstrated its re- with 30 victories in 1934, then again complishments, and efforts on behalf of spect for animals in many ways. In Au- with 28 in 1935, adding strikeout cham- Stone County. gust, the canine unit of the Mont- pionships both times. Wiggins is the county seat of Stone gomery County Police Department re- Dean led the National League in County, and the city officials and citi- ceived several protective vests for their shut-outs in 1932 and 1934, and had an zens of the county saw fit to take police dogs to better protect them dur- astounding .811 winning percentage in young Seth up on his suggestion. They ing confrontations with criminals or 1934. That is 30 wins and seven losses. sent me a resolution requesting that explosives. He ultimately led the National League the newly renovated and expanded In this month, Maryland joins with 27 for four consecutive years in both com- United States Post Office in Wiggins be additional States in passing law en- plete games and strike-outs. He won named in his memory. forcement animal protection laws. the National League most valuable I am honored to help out in Seth’s re- These States have laws that recognize player award in 1934 and, if the Cy quest and urge the support of my col- police animals as valuable members of Young Award had existed then, he no leagues of H.R. 2460, a bill to name that the law enforcement community. The doubt would have won it at least twice. facility the Jay Hanna Dizzy Dean Post time is far overdue to give the same Dizzy combined with his younger Office. Federal protection to our law enforce- brother, Paul Daffy Dean, to win four Mr. Speaker, the gentleman from ment animals, that kind of protection games in the 1934 World Series. The New York (Mr. MCHUGH) was correct in that many States already provide. Dean brothers won two games apiece. saying that the entire Mississippi dele- I am pleased that my colleagues have When Daffy pitched the no-hitter in gation has sponsored this. But I would given support to this valuable legisla- the series, Dizzy said, ‘‘If you had only like to point out that the great gen- tion. told me you was going to pitch a no- tleman from Tennessee (Mr. WAMP), Mr. FATTAH. Mr. Speaker, we have hitter, I would have pitched one, too.’’ the most valuable player in the con- no further requests for speakers on our b 1515 gressional baseball game, was the sixth side, and I would assume the case to be cosponsor. I want to thank him for so on the majority side. Dizzy remained at the top of his form that. Mr. Speaker, I am pleased to yield in 1936, winning 24 games with a 3.17 Mr. FATTAH. Mr. Speaker, I yield 1 back the balance of my time. earned run average. minute to the gentleman from Ohio Mr. MCHUGH. Mr. Speaker, I yield Throughout his career, the Cardinals (Mr. TRAFICANT). myself such time as I may consume. used Dean, not just as a starter, but as Mr. TRAFICANT. Mr. Speaker, I Mr. Speaker, I do not have any fur- a reliever as well. He unofficially led think it is good that we name this post ther requests for time. Let me in clos- the league with 11 saves in 1936, despite office for Dizzy Dean. We pay tribute to ing just again thank the gentleman starting 34 games and completing 28. many great Americans. Dizzy Dean is a from Pennsylvania (Mr. FATTAH), rank- The heavy usage finally caught up with great American. He passed more mail ing member, and also to compliment him in 1937. Arm soreness limited him by more major league baseball players the gentleman from Mississippi (Mr. to 25 starts; and though he won 13 than the Postal Service. TAYLOR) again. I appreciate his re- games and had a solid 2.69 ERA, it was So I want to join and I want to com- marks about, indeed, the great gen- clear that something was wrong. mend the gentleman from Mississippi tleman from Tennessee (Mr. WAMP) as October 12, 1999 CONGRESSIONAL RECORD — HOUSE H9837 a teammate of his. In the spirit of bi- entire House delegation of the great Mr. FATTAH. Mr. Speaker, I yield partisanship that we strike on these State of Ohio in accordance with our myself such time as I may consume. bills, I will not mention the score of policy on the Committee on Govern- Mr. Speaker, this is an opportunity the game in which the gentleman from ment Reform, which has moved this to recognize the extraordinary accom- Tennessee (Mr. WAMP) was rightfully legislation. plishments of a woman who embodies named the MVP. But I think his sup- The measure does, indeed, designate the story of literally millions and mil- port of this bill lends an even greater the United States Post Office located lions of women throughout our country credence. at 3675 Warrensville Center Road in who struggled against tremendous odds I urge my colleagues that we support Shaker Heights, Ohio, as the Louise and difficult circumstances to raise this bill and, indeed, honor a very Stokes Post Office. children. colorful and very great American. Mr. Speaker, H.R. 2357 is a very spe- Her two sons she raised after their fa- Mr. Speaker, I yield back the balance cial bill in that it honors the mother of ther died, her husband died, when they of my time. two very remarkable men. Louise were very young children. She worked The SPEAKER pro tempore (Mr. Cinthy Stone Stokes, mother of Louis as a domestic worker. She did what STEARNS). The question is on the mo- and Carl, was born the eighth of 11 was necessary to feed and clothe and tion offered by the gentleman from children of the Reverend Mr. William educate her children. One became a New York (Mr. MCHUGH) that the and Fannie Stone on October 27, 1895, United States Congressman of some House suspend the rules and pass the in Wrons, Georgia. note because, not only was he the first bill, H.R. 2460. She moved to Cleveland, Ohio, in 1918 African American to serve the great where she met and married Charles The question was taken; and (two- State of Ohio and the Congress, but a Louis Stokes, a laundry worker. thirds having voted in favor thereof) Congressman whose work and accom- Charles Stokes died when his two sons the rules were suspended and the bill plishments and achievements are not were still infants. Louis was but 2 was passed. equaled by many who serve in this years old, and Carl only 13 months. A motion to reconsider was laid on House or have served in this House. Louise, now widowed, worked as a do- the table. The other son went on to be the mayor mestic worker, and her widowed moth- f of a major city at a time in which no er, Fannie, lived with a family and other African American had ever helped with the children. They lived in GENERAL LEAVE served in such a capacity. public housing on meager earnings. So it is a remarkable woman that we Mr. MCHUGH. Mr. Speaker, I ask Louise Stokes insisted that her sons acknowledge in this naming. But it is a unanimous consent that all Members get jobs at an early age and that they, story that is very important to the may have 5 legislative days within most of all, get an education, and they very fabric of our country that I think which to revise and extend their re- did. Louis Stokes graduated from Case is acknowledged through her life’s marks on H.R. 2460, the bill just passed. Western Reserve and Cleveland Mar- The SPEAKER pro tempore. Is there shall Law School, and Carl Stokes work. I want to thank the gentleman from objection to the request of the gen- graduated from Marshall Law School. tleman from New York? Louis served as a civil rights attor- the great State of Ohio (Mr. TRAFI- There was no objection. ney; and, in 1968, he became the first CANT), the prime sponsor of this bill. Mr. Speaker, I yield as much time as f African-American Congressman from Ohio. Also in 1968, Carl became the he may consume to the gentleman LOUISE STOKES POST OFFICE first African-American mayor of a from Ohio (Mr. TRAFICANT). (Mr. TRAFICANT asked and was Mr. MCHUGH. Mr. Speaker, I move to major U.S. city and later became a suspend the rules and pass the bill United States ambassador. given permission to revise and extend (H.R. 2357) to designate the United Louise Stokes was selected Cleve- his remarks.) States Post Office located at 3675 land’s Woman of the Year, Ohio Mother Mr. TRAFICANT. Mr. Speaker, this Warrensville Center Road in Shaker of the Year, and received numerous is not a day to pay tribute to Carl and Heights, Ohio, as the ‘‘Louise Stokes awards from religious and civic organi- Lou Stokes; the first black mayor of a Post Office’’. zations throughout her lifetime. The major city, later an ambassador, and The Clerk read as follows: guiding principles of Louis Stokes’ life Lou Stokes, the first black cardinal on the powerful Committee on Appropria- H.R. 2357 and his brother Carl’s were really in- stilled in them by their mother. It was tions who used to go on junkets all Be it enacted by the Senate and House of Rep- around the world with the gentleman resentatives of the United States of America in simply a value of hard work, education, from Missouri (Mr. CLAY). That is a lit- Congress assembled, and religion. tle off joke here. They are great, dear SECTION 1. DESIGNATION. I suspect someday, Mr. Speaker, we friends. The United States Post Office located at may be on this floor honoring two very 3675 Warrensville Center Road in Shaker remarkable men in Louis and Carl I decided to submit this legislation. I Heights, Ohio, shall be known and designated Stokes, but I think it is most appro- had some calls, and they troubled me. as the ‘‘Louise Stokes Post Office’’. priate, before we designate post offices What troubled me was that some peo- SEC. 2. REFERENCES. in recognition of their contributions, ple felt well, maybe, we name our insti- Any reference in a law, map, regulation, that we first recognize the woman who, tutions for America’s greatest; and document, paper, or other record of the indeed, instilled in them the kind of that is exactly why I submitted this United States to the post office referred to in values, the kind of ethics that brought legislation. section 1 shall be deemed to be a reference to them to the high pinnacle of public I want to thank the gentleman from the ‘‘Louise Stokes Post Office’’. service which we have seen over so New York (Mr. MCHUGH), and I want to The SPEAKER pro tempore. Pursu- many years. thank the distinguished gentleman ant to the rule, the gentleman from Indeed, Louise Stokes was a remark- from Philadelphia, Pennsylvania (Mr. New York (Mr. MCHUGH) and the gen- able woman, and she fully merits this FATTAH), for giving this its consider- tleman from Pennsylvania (Mr. kind of recognition. I would certainly ation. FATTAH) each will control 20 minutes. urge my colleagues to support this bill, This is a great American. She em- The Chair recognizes the gentleman H.R. 2357, and place the name upon the bodies the American experience, spe- from New York (Mr. MCHUGH). post office in Shaker Heights of which cifically the black experience, worked Mr. McHUGH. Mr. Speaker, I yield all of us, not just the people from that on her hands and her knees so her two myself as much time as I may con- community and the State of Ohio, but boys who lost their father when they sume. all of us as Americans can be very, were infants could get an education Mr. Speaker, the bill before us, H.R. very proud. She is a dedicated mother and be somebody. God almighty, if that 2357, was introduced by the distin- and, as I said, a very remarkable is not worthy of this designation, I do guished gentleman from Ohio (Mr. woman. not know what is, because those two TRAFICANT) on June 24 of this year. Mr. Speaker, I reserve the balance of boys just did not get an education, Again, it has been cosponsored by the my time. they educated America and the world. H9838 CONGRESSIONAL RECORD — HOUSE October 12, 1999 I would like to put across the RECORD markable mother, because Louis stokes is achieve greatness. I am proud to be a co- a couple quotes, humble words from a truly a remarkable man. sponsor of H.R. 2357, a bill to designate the humble American. One of them, she Working with him was like playing in the Post Office at Warrensville Center Road, said, ‘‘There are three principles in our band with Duke Ellington. A master of the leg- Shaker Heights, OH, with her name. life: religion, education, and hard islative process, he knew every agency and Mr. KUCINICH. Mr. Speaker, it is a great work.’’ She said, ‘‘By God, my boys every program and how to make his points pleasure to honor Mrs. Louise Stokes by des- better learn that.’’ with quiet dignity and piercing logic. His focus ignating the Louise Stokes Post Office Build- Another thing she said that im- was squarely on insuring that the government ing. Louise Stokes was a great American. She pressed me very much is she said, ‘‘Yes, treated people fairly and that it help lift up raised two sons; one son became a U.S. Con- it is true I had to work on my hands those who had fallen behind. On issue after gressman, and one son became a mayor. and knees, but that made me all the issue, from environmental justice in EPA, to Mrs. Louise Stokes had three themes that more determined that my boys would fair housing and focused community develop- guided her life: religion, education, and hard get an education and would have a bet- ment in HUD, to aid to HBCU and minority work. She lived her principles and she im- ter life than me.’’ scholarships in the National Science Founda- parted these guiding principles to her two She later said the boys are there to tion, to science programs to build competence sons. do their share. They helped with clean- and get youngsters interested in math and The lives of Mrs. Louise Stokes' two sons ing and outside tasks, and they did physics in NASA . . . I could go on and on. represent an enduring tribute to her supreme chores just like I did when I was raised Louis Stokes left his mark on every single pro- love and care. The careers of Carl and Lou on the farm. She said they also had a gram, bar none. His importance to the African- Stokes show that America's progress as a na- paper route, and they did errands to American community cannot be exaggerated. tion is measured not by what we do for the help them get some spending money. Louis Stokes' mother, Louise Cinthy Stone strong, but what we do for the weak; not by She says then later in a quote, ‘‘To Stokes, was born October 27, 1895, in Wrons, what we do for the haves, but what we do for teach them responsibility when they GA. She was the eighth of 11 children of Rev- the have-nots. Throughout their careers, Carl start making money, I made them pay erend William and Fannie Stone. She was Stokes and Lou Stokes fought for voting room rent, not because I wanted that raised on the family farm where she did the rights, civil rights, education rights, and hous- room rent, I wanted them to learn the chores that were part of that life and time. ing rights. responsibility, the value of hard work, Sunday school and church were a main part Somehwere in America, there is a child liv- and nothing comes easy.’’ of their lives. ing in adverse circumstance, maybe not even But what is not written in that quote Louise moved to Cleveland, OH, in 1918. It having a home. Maybe they are just sitting on is she saved every penny those two sons was here she met Charles Louis Stokes, a a stoop marking the time, wondering if things gave her and put it towards their edu- laundry worker, and they were married July are ever going to get better in their life, be- cation. Yes, I guess it is about Carl. I 21, 1923. From their union two fine sons were cause things are very tough right now. Now, guess it is about Louis. I think it is born; Louis and Carl. The young husband died that person in America today could be black, about a great American woman, Louise early in their marriage, when the boys were 2 could be brown, could be yellow, could be Stokes, and it is fitting this post office years and 13 months, respectively. Louise's white. And when he or she is sitting there and be named for her. widowed mother came to live with her to look feeling low, feeling down, wondering what is Mr. FATTAH. Mr. Speaker, I thank after her family while she worked. going to come and if things could ever get bet- the gentleman from Ohio (Mr. TRAFI- Three principles guided the Stone and ter with their life, they could think about two CANT). With his permission, I ask unan- Stokes families: Religion must be central in a young African-American childrenÐCarl and imous consent that the humorous ref- person's life; education is the way to come up Louis StokesÐwho were born in poverty, who erence to junkets by former and and go places, and the value of hard work. lived in public housing, who, through the grace present Members be revised in his re- Whenever she talked of her 40 years as a do- of God and a mother who worked for them, marks. mestic worker, she would say, ``I had to work were able to move through the ranks, come to The SPEAKER pro tempore. Is there with my hands and this made me all the more power, reach the pinnacle, make American objection to the request of the gen- concerned that my sons get the kind of edu- history, and through it all they always remem- tleman from Pennsylvania? cation I didn't have.'' bered where they came from. There was no objection. Mrs. Stokes raised her sons in Cleveland I stand here with a great deal of humility, to public housing on meager earnings. When join in honoring Mrs. Louise Stokes for her life, b 1530 times were too difficult during the Depression, her accomplishments, her legacy, and her Mr. FATTAH. Mr. Speaker, not hav- the family had to go on federal assistance. sons. It is fitting to honor her by designating ing any further speakers, I yield back She often recalled the $25 a month and said, the Louise Stokes Post Office Building. the balance of my time. `` . . . that wasn't even rent money.'' Whenever Ms. JACKSON-LEE of Texas. Mr. Speaker, Mr. McHUGH. Mr. Speaker, I yield Mrs. Stokes spoke about the family days, she I rise in support of H.R. 2357. This bill des- myself such time as I may consume. said it was a case of everyone doing his ignates the post office located at 3675 Mr. Speaker, I do not have any fur- share. The boys helped with the cleaning and Warrensville Center Road in Shaker Heights, ther requests for time. I am not sure outside tasks. They also had a paper route Ohio as the ``Louise Stokes Post Office.'' that any of us could add to the passion and did errands to earn spending money. She Louise Stokes in the mother of former Rep- and eloquence and I think very fitting recalled, ``When the boys got their first jobs, I resentative Louis Stokes and the late Carl comments of the gentleman from Ohio required a certain amount of their earnings as Stokes, the first black mayor of a major U.S. (Mr. TRAFICANT). room rent. I wanted them to feel some respon- city and former ambassador to Seychelles. If the actions of a truly remarkable sibility for their home.'' What she didn't tell Louise Stokes, born on October 27, 1895, in woman such as this do not constitute them is that she saved the money as a nest Wrens, Georgia moved to Cleveland, Ohio in what is a great American, I am not egg for them. Further evidence of the wisdom 1918 where she met and married Charles sure we know otherwise. So this is a of a loving mother at work. Louis Stokes in 1923. Louise's husband died truly fitting naming bill, and I would She always told her sons, ``Get an edu- early in their marriage, However, Mrs. Stokes urge all of our colleagues to support it. cationÐget something in your head so that was intent on ensuring that her children were Mrs. MEEK of Florida. Mr. Speaker, I am you don't' have to work with your hands like provided for. She always told her son ``get an pleased to join my colleagues in honoring Lou- I do.'' The Stokes men did as mother told education''Ðget something in your head so ise Cinthy Stone Stokes, the mother of two them. Louis graduated from Case Western you don't have to work with your hands like I great men, the late Carl Stokes, Ambassador Reserve and Cleveland Marshall Law School, do.'' to Seychelles, and our former colleagues, served as a civil rights attorney and became The Stokes' boys followed their mother's ad- Representative Louis Stokes. in 1968 the first black Congressman from the vice. Both boys graduated from college and I had the honor of serving with Louis Stokes State of Ohio. Carl Stokes graduated from went on to law school. Louis Stokes served as on the VA±HUD Appropriations Subcommittee, Marshall Law School, in 1968 became the first a civil rights attorney and in 1968 became the where he was the ranking Democrat and for- black mayor of a major U.S. city and later a first black Congressman to serve from the merly chairmanÐas well as the first African- U.S. ambassador. State of Ohio. Carl Stokes became the first American on the Appropriations Committee. I Louise Stokes' love and devotion to her black mayor of a major U.S. city and later a know that Louise Stokes must have been a re- sons gave them a strong foundation to U.S. ambassador. October 12, 1999 CONGRESSIONAL RECORD — HOUSE H9839 Louise Stokes in the ultimate example of league from California, former Rep- from Pennsylvania (Chairman GOOD- how a mother's love can positively impact her resentative Augustus F. Hawkins. LING) and the gentleman from Missouri children and change the lives of millions of I would note, Mr. Speaker, that if (Mr. CLAY), the ranking member who people. Mr. Speaker, I would like to thank my some of this sounds familiar, it is sim- served in leadership positions on Gus colleague from Ohio, Mr. TRAFICANT for intro- ply because the House in fact consid- Hawkins’s former committee, the Com- ducing the bill and urge my colleagues to give ered and overwhelmingly passed this mittee on Education and Labor, as it their full support for its passage. bill during its deliberations last year. was named then. Mr. MCHUGH. Mr. Speaker, I yield Unfortunately, and in no way sugges- These are gentlemen who, like Chair- back the balance of my time. tive of the merits of the bill, the legis- man Hawkins, have dedicated a great The SPEAKER pro tempore (Mr. lative calendar in the other body did deal of their work to education and em- STEARNS). The question is on the mo- not permit them sufficient time to con- ployment issues. It is appropriate that tion offered by the gentleman from sider it. So we are here again today at- Gus Hawkins be acknowledged, and in New York (Mr. MCHUGH) that the tempting to rectify that occurrence. this way the California delegation and House suspend the rules and pass the For that I want to commend the gen- particularly the prime sponsor of this bill, H.R. 2357. tlewoman from California (Ms. have offered the House this oppor- The question was taken; and (two- MILLENDER-MCDONALD) for her tenac- tunity. thirds having voted in favor thereof) ity and for recognizing that what was His work is acknowledged I think by the rules were suspended and the bill good and owing last year remains so a lot of people, but many of the people was passed. this year, and for the cooperative effort who have been helped by his work may A motion to reconsider was laid on of the gentleman from Pennsylvania never know his name. the table. (Mr. FATTAH) and all the members of We were together for the 25th anni- f the Committee on Government Reform versary of the Pell Grant bill, which he for once more bringing this House the helped move through. I went to college GENERAL LEAVE opportunity to vote on a very worthy on a Pell Grant, and so have tens of Mr. MCHUGH. Mr. Speaker, I ask naming bill. millions of other young people bene- unanimous consent that all Members The history of Gus Hawkins I suspect fited from his efforts in this regard. So may have 5 legislative days within in this body is well-known from his I am pleased to support this measure. which to revise and extend their re- birth in Louisiana and his movement Mr. Speaker, I yield such time as she marks on H.R. 2357. with his parents to California in 1918 may consume to the gentlewoman from The SPEAKER pro tempore. Is there when he was just 11 years old, a recipi- California (Ms. MILLENDER-MCDONALD), objection to the request of the gen- ent of his AB from the University of the prime sponsor of this measure. tleman from New York? California in 1931, with a major in eco- Ms. MILLENDER-MCDONALD. Mr. There was no objection. nomics, and later his graduation from Speaker, I would like to thank the gen- tleman from New York (Chairman f the University of Southern California in 1932. MCHUGH) for, again, his leadership in AUGUSTUS F. HAWKINS POST After working in the real estate busi- bringing this bill to the floor and my OFFICE BUILDING ness, he was elected to the California dear friend and colleague, the gen- Mr. MCHUGH. Mr. Speaker, I move to State Assembly, where he served from tleman from Pennsylvania (Mr. suspend the rules and pass the bill 1934 to 1963, and later elected to the FATTAH), for his leadership in helping (H.R. 643) to redesignate the Federal 88th Congress and to 13 succeeding Con- to bring this bill to the floor. building located at 10301 South Comp- gresses running from 1963 to 1991. Mr. Speaker, we are talking about a ton Avenue, in Los Angeles, California, Simply put, Mr. Speaker, Gus Haw- man who spent 56 years in public serv- and known as the Watts Finance Of- kins served his constituents of the ice, a man who should have recognition fice, as the ‘‘Augustus F. Hawkins Post Watts area of Los Angeles for 48 years in an area that he worked so hard to Office Building’’. in elective office, 28 years in the Cali- bring about a quality of life in the area The Clerk read as follows: fornia State Assembly, and 20 years in of Watts. I am pleased to stand here as the House of Representatives. he listens to me in his home to pay H.R. 643 He became known at that time for homage to this great man, this educa- Be it enacted by the Senate and House of Rep- the Humphrey-Hawkins Act, a bill to tor, this leader of our country. resentatives of the United States of America in reduce unemployment, move ahead in Mr. Speaker, I rise in yielding and Congress assembled, job training and employment opportu- paying tribute to my dear friend and a SECTION 1. REDESIGNATION. nities for all Americans. He served in former member of the House by renam- The Federal building located at 10301 this body on various committees and, ing the Federal building located at South Compton Avenue, in Los Angeles, 10301 South Compton Avenue in the California, and known as the Watts Finance in fact, rose to be a leader in this Office, shall be known and designated as the House on many issues that were impor- Watts area of Los Angeles, known as ‘‘Augustus F. Hawkins Post Office Building’’. tant certainly to the people that he the Watts Finance Office, the Augustus SEC. 2. REFERENCES. represented but more so to the people F. Hawkins Post Office Building. Any reference in a law, map, regulation, of this country. Mr. Speaker, H.R. 643 enjoys the bi- document, paper, or other record of the We have had the opportunity in the partisan support of the entire Cali- United States to the Federal building re- past, Mr. Speaker, to honor our former fornia delegation, Congressman Haw- ferred to in section 1 shall be deemed to be colleagues with this naming for their kins’ former colleagues, and complete a reference to the ‘‘Augustus F. Hawkins community service and in this in- support of the U.S. Senate. Post Office Building’’. stance, of course, the service to their Mr. Speaker, the Washington Post The SPEAKER pro tempore. Pursu- country. once called Gus Hawkins one of the ant to the rule, the gentleman from Certainly, as happened on this House most famous unknown men of our day. New York (Mr. MCHUGH) and the gen- floor last year, I would again urge my However, many of us knew him as a tleman from Pennsylvania (Mr. colleagues to unanimously support this quiet fighter for racial justice, social FATTAH) each will control 20 minutes. bill and designate a naming for a very, equality, and education for minorities, The Chair recognizes the gentleman very worthy American and a great women, and children. from New York (Mr. MCHUGH). former colleague, Gus Hawkins. I can recall when I came to this floor Mr. MCHUGH. Mr. Speaker, I yield Mr. Speaker, I reserve the balance of to be sworn in, Gus Hawkins was sit- myself such time as I may consume. my time. ting right here on this floor with me, Mr. Speaker, I am pleased to bring Mr. FATTAH. Mr. Speaker, I yield and he wanted me to so much get on before the House H.R. 643, a bill, as was myself such time as I may consume. the education committee because for noted, that was indeed introduced by Mr. Speaker, I rise in support of this years he and I had worked together in our colleague, the gentlewoman from measure. the Los Angeles Unified School Dis- California (Ms. MILLENDER-MCDONALD), Mr. Speaker, let me say that, on the trict on education and on helping honoring the very distinguished col- floor today, we have the gentleman youngsters in the Watts area and in H9840 CONGRESSIONAL RECORD — HOUSE October 12, 1999 other deprived areas of getting a qual- complishments, because it established pie, and I supplied her with the Good- ity education. a real blueprint for moving this coun- ling apples in order to make that apple While I could not go on this edu- try ahead in job training and employ- pie even better. cation committee, I really do appre- ment, the foundation to every other Truly it is fitting that we honor a ciate the support that he has given me policy and an area that Gus Hawkins great gentleman like Gus Hawkins. and indeed the support he has given firmly believed that we had to have job Mr. MCHUGH. Mr. Speaker, I yield youngsters throughout this Nation in training and quality education for myself such time as I may consume. trying to bring a quality education to quality employment. I would only state that I think as the those who otherwise would not have Throughout his remarkable career in gentlewoman from California (Ms. had that. public service, Gus has championed the MILLENDER-MCDONALD) has persist- Gus committed his life to serving rights of children, the poor, the elder- ently now for 2 years in a row and as others, and his 56 years of public serv- ly, the working people, and minorities. we heard here today very eloquently ice spanned a period that included the But the one thing that is so noble stated, along with the gentleman from Great Depression, World War II, about this man, he never forgot who he Pennsylvania (Mr. GOODLING), that this McCarthyism, both the Korean and was and where he came from. Nor did is a very, very worthy recipient of this Vietnam wars, the civil rights move- he forget the people whom he served. designation. I would certainly urge all ment, and the war on poverty. He wit- It is only fitting that we rise to pay of our colleagues to join us in sup- nessed an assassination of a President tribute to him by redesignating this porting it. and the impeachment of another. Federal building located in Watts. As Ms. JACKSON-LEE of Texas. Mr. Speaker, He was born in Shreveport, Lou- my friend, the gentleman from Penn- I rise in support of H.R. 643, a bill that would isiana, in 1907. When he was 11, he and sylvania (Mr. FATTAH) said, a lot of designate the Federal building located on his family moved to Los Angeles to es- children may not get to know him, but 10301 South Compton Avenue in Los Ange- cape the racial discrimination that was they will see his name on a building in les, California, currently known as the Watts prevalent in the South at that time. the area that he solely wanted to make Finance Office, as the ``Augustus F. Hawkins His legislative career began in Califor- a better quality of life for all folk. Post Office Building.'' nia’s State Assembly, where he served This Federal building will be located Augustus Hawkins, a former member of this for 28 years and was often the legisla- at 10301 South Compton Avenue in the body for many years was born in Shreveport, ture’s only black member. His record Watts area of Los Angeles, and it will Louisiana in 1907. When he was 11 years old, in Sacramento included the passage of be known as the Gus Hawkins Post Of- he and his family moved to Los Angeles to es- the State’s first law against discrimi- fice Building. cape the racial discrimination that was preva- nation in housing and employment. He also carried successful State leg- I would like to again thank all of my lent in the South. It is those experiences that islation concerning minimum wage and colleagues of the California delegation impacted heavily upon his life and prompted wages for women, child care centers, and all of the cosponsors, which were him to enter a life of public service. Workers’ Compensation for domestic all the members of the California dele- Augustus Hawkins' career began in the Cali- employees, and the removal of racial gation, as well as other Members of fornia Assembly where he served for 28 years discrimination on State documents. this body, for this legislation and for and was often the legislature's only black This is the type of man he was. joining me in a bipartisan fashion to member. His record in Sacramento includes After his remarkable tenure in the pay tribute to a great man, a great the passage of the State's first law against State Assembly of California, Gus was American, a man who will want to be discrimination in housing and employment. elected and sworn as a Member of this remembered by his friends and col- After his remarkable tenure in the Assembly, body in the 88th Congress in 1962. He leagues alike as someone who simply Gus was elected and sworn in as a Member served as chairman of the Joint Com- loved children. But he not only loved of the 88th Congress in 1962. He served as mittee on Printing in the 97th Con- children, he loved the State of Cali- Chairman of the Joint Committee on Printing gress, the Joint Committee in the 97th fornia; the State that he was born in, in the 97th Congress, the Joint Committee in Congress, as well as the Committee on Louisiana; and, of course, he loved this the 97th Congress, as well as the Committee House Administration in that same country. on House Administration in the 97th and 98th Congress. And he served in the 98th The Honorable Augustus F. Hawkins, Congresses before serving as Chairman of the Congress as well on that committee be- distinguished Member of the United Committee on Education and Labor in the fore serving as chairman of the Com- States House of Representatives, de- 101st Congress. mittee on Education and Labor in the serves no less. Mr. Speaker, I commend my colleague Rep- 101st Congress. b 1545 resentative MILLENDER-MCDONALD for intro- By and large, Mr. Speaker, Gus Haw- ducing this bill and urge its passage. kins was known by his colleagues as a Mr. FATTAH. Mr. Speaker, I have no Mr. MCHUGH. Mr. Speaker, I have no hard working, trustworthy, low-key further requests for time, and I yield further requests for time, and I yield legislator who concentrated on issues back the balance of my time. back the balance of my time. of importance to his district, which in- Mr. McHUGH. Mr. Speaker, I yield 3 The SPEAKER pro tempore (Mr. cluded the Watts area. minutes to the gentleman from Penn- STEARNS). The question is on the mo- He preferred to do his work behind sylvania (Mr. GOODLING) who has ex- tion offered by the gentleman from the scenes and let others capture the pressed, I think, a very understandable New York (Mr. MCHUGH) that the headlines. He is the author of more interest in this, a gentleman who House suspend the rules and pass the than 17 Federal laws, including the served with the designee. bill, H.R. 643. Full Employment and Balanced Mr. GOODLING. Mr. Speaker, I The question was taken; and (two- Growth Act; Title VII of the Civil thank the gentleman for yielding me thirds having voted in favor thereof) Rights Act, establishing the Equal Em- this time. the rules were suspended and the bill ployment Opportunity Commission; Mr. Speaker, never has a finer gen- was passed. the Job Training Partnership Act; the tleman entered the halls of the House A motion to reconsider was laid on School Improvement Act, which re- of Representatives than Gus Hawkins. the table. wrote virtually all major elementary He was, and is, a perfect gentleman. I f and secondary education programs; and had the privilege and the learning ex- GENERAL LEAVE the Civil Rights Restoration Act. perience of sitting beside him as the In 1978, he coauthored and passed the ranking member while he was chair- Mr. MCHUGH. Mr. Speaker, I ask Humphrey-Hawkins Full Employment man of our committee. My wife and I unanimous consent that all Members Act, which pledged Federal Govern- had the opportunity on numerous occa- may have 5 legislative days in which to ment efforts to reduce unemployment sions to travel with Gus and Elsie, revise and extend their remarks on by four percent by 1983 if the private something that we truly enjoyed. Elsie H.R. 643, the bill just passed. sector failed to do so. learned a long time ago that to get to The SPEAKER pro tempore. Is there The Humphrey-Hawkins can be seen Gus’s heart, you go through his stom- objection to the request of the gen- as Gus’s great effort, legislative ac- ach with some of her homemade apple tleman from New York? October 12, 1999 CONGRESSIONAL RECORD — HOUSE H9841 There was no objection. Stokes, as someone who had a profound Mr. Speaker, I yield back the balance f effect on America and someone who ex- of my time. emplifies what we think constitutes a Mr. MCHUGH. Mr. Speaker, I yield JOHN K. RAFFERTY HAMILTON good and wholesome life as a citizen of myself such time as I may consume. POST OFFICE BUILDING this great country. Certainly from the Let me respond to the very, I think, Mr. MCHUGH. Mr. Speaker, I move to information that I have seen on Mr. appropriate and certainly gracious suspend the rules and pass the bill Rafferty from the comments and sub- comments by the ranking member. I (H.R. 1374) to designate the United missions by the gentleman from New think these designations are worthy of States Post Office building located at Jersey, in fact, Mr. Rafferty is a great this House floor. Certainly the coopera- 680 State Highway 130 in Hamilton, American, someone who perhaps is not tive effort that he and the members on New Jersey, as the ‘‘John K. Rafferty read about in the national newspapers his side bring to these kinds of initia- Hamilton Post Office Building,’’ as or heard often about in the national tives very clearly underscores that. It amended. news broadcasts but nevertheless a has been both a pleasure and an honor The Clerk read as follows: man who every day wakes up and to work with him. As he noted, we have H.R. 1374 thinks of one thing first beyond his much work before us that we are look- Be it enacted by the Senate and House of Rep- family and his loved ones and, that is, ing forward to on other endeavors. We resentatives of the United States of America in service to his community, simply will be back indeed. Congress assembled, working to try to make today a little Mr. Speaker, I am pleased to yield SECTION 1. DESIGNATION OF JOHN K. RAFFERTY bit better than yesterday and hopefully such time as he may consume to the HAMILTON POST OFFICE BUILDING. gentleman from New Jersey (Mr. tomorrow a little bit better than The United States Post Office building lo- SMITH), the primary sponsor on this cated at 680 U.S. Highway 130 in Hamilton, today. That is a great American. I want to thank the gentleman from bill. New Jersey, shall be known and designated Mr. SMITH of New Jersey. Mr. New Jersey for his leadership on this as the ‘‘John K. Rafferty Hamilton Post Of- Speaker, I want to thank my good issue. As with all of the naming bills, fice Building’’. friend the chairman from New York for again my deep appreciation to the gen- SEC. 2. REFERENCES. yielding me this time and thank the tleman from Pennsylvania (Mr. Any reference in a law, regulation, map, ranking member from Pennsylvania for document, paper, or other record of the FATTAH), the ranking member, for not his very kind remarks about all of United States to the United States Post Of- just his cooperation and support but fice building referred to in section 1 shall be those great individuals being honored for his leadership as well. today but also and especially for Mayor deemed to be a reference to the ‘‘John K. Mr. Speaker, I reserve the balance of Rafferty Hamilton Post Office Building’’. Rafferty from Hamilton Township. my time. Mr. Speaker, as a member of Con- The SPEAKER pro tempore. Pursu- Mr. FATTAH. Mr. Speaker, I yield gress for the past 19 years, I believe ant to the rule, the gentleman from myself such time as I may consume. I there is no one in the entire State of New York (Mr. MCHUGH) and the gen- rise in support of H.R. 1374. New Jersey more deserving of recogni- tleman from Pennsylvania (Mr. First of all I want to thank the gen- tion and praise than Jack Rafferty, a FATTAH) each will control 20 minutes. tleman from New York (Mr. MCHUGH) dedicated mayor, community leader, The Chair recognizes the gentleman who serves as the majority chair. The humanitarian and family man. from New York (Mr. MCHUGH). Subcommittee on Postal Service has Thus, Mr. Speaker, I am privileged to Mr. McHUGH. Mr. Speaker, I yield had a great deal of responsibility over recommend passage of H.R. 1374, co- myself such time as I may consume. the course of this session. First, of sponsored, as the gentleman pointed Mr. Speaker, this represents the course, the oversight of the largest out, by the entire New Jersey delega- fifth, final but certainly not the least postal service anywhere in the world tion, a bill to designate the U.S. postal of the proposed naming bills that we and the finest, some 800,000 employees building located at 680 U.S. Highway will have before us today. Indeed, I on a whole range of issues. Our com- 130 in Hamilton Township, New Jersey think this whole House owes the gen- mittee has dealt with postal reform in as the ‘‘John K. Rafferty Hamilton tleman from New Jersey (Mr. SMITH) a macro. We have been working here Post Office Building.’’ Mayor Rafferty, debt of gratitude for bringing to us more recently on the whole issue of who will be retiring from office in the what in looking over the life of John K. fraudulent solicitation for sweepstakes next few months, has served the people Rafferty is certainly someone who is in a bill that we hope to have consid- of Hamilton with extraordinary dis- totally fitting for this kind of honor. ered on the floor very soon. tinction and honor as their mayor The gentleman from New Jersey Some might think for the Congress since 1976, and for 6 years prior to that brought this bill to the committee on to take time to honor individuals by time, he served on the Township Com- April 12 of this year and, as with all of naming post offices is some type of mittee. Additionally, in 1986 and in the other naming bills, it does bear the work that perhaps we could do in a dif- 1987, Jack Rafferty served in the New cosponsorship of the entire delegation ferent fashion, but I think that for this Jersey State Assembly from the 14th here in the House from the great State body, the Congress, to take the time to District. of New Jersey. I do not want to under- honor a mayor of a town in New Jer- It is worth noting, Mr. Speaker, that cut the sponsor’s comments here in a sey, a widow who raised her children, in 1996, Jack Rafferty was inducted moment, I know that he will have a saw one rise to be a Member of the into the New Jersey Mayors’ Hall of great deal to say about Mr. Rafferty, Congress and another the mayor of a Fame. In 1997, the next year, the New but suffice it to say that he served his big city, to honor a Republican from Jersey Conference of Mayors selected community for more than 30 years. He Kansas and a Democrat from California him as the Mayor of the Year, another first worked on the Hamilton Com- and a baseball great is appropriate for well-deserved accolade and honor. Dur- mittee for 6 years and then became this House, to take and pause a ing his 30 years of dedicated public Hamilton’s first full-time mayor, serv- minute, because this country is made service, Mayor Rafferty has always ing continuously since 1976. In fact, Mr. up of individuals who helped make us been committed to the residents of Rafferty intends to retire from the of- what it is that makes the rest of the Hamilton Township for whom he has fice of mayor early next year at the world want to have some small part of worked tirelessly and effectively. His completion of this term. the ideals that are represented here in caring and commitment to the people As we have heard today both in the America represented in their lives. of Hamilton never wavered during that bills that have been proposed and some I want to thank the majority chair- service. of the comments, we would like to man for facilitating these bills coming Mr. Speaker, Hamilton is a very think that these post office designa- to the floor. I would like to say we will large community. It is comprised of ap- tions are extended to great Americans. be back, I am sure, with other legisla- proximately 90,000 people, covering 39 We heard earlier the gentleman from tion that will deal with some of these square miles. Amazingly, Jack knows Ohio speaking, I thought, very force- other matters, but today I think it is just about everybody in town and, sig- fully about the very appropriate nature important that these were brought for- nificantly, he has always treated ev- of the designation to Mrs. Louise ward. eryone, friend, acquaintance, stranger, H9842 CONGRESSIONAL RECORD — HOUSE October 12, 1999 even political opponents, with respect mass transit, he never forgot the life- that I would simply urge all of our col- and dignity. He has always had a kind enhancing advantages that open space leagues to join with the ranking mem- word for everybody and nobody has a and recreation bring to a community. ber and myself and all of the com- better sense of humor than Jack Hamilton now operates several major mittee members in sponsoring the gen- Rafferty. parks, along with 25 baseball fields, 19 tleman from New Jersey’s very worthy Mr. Speaker, as Hamilton’s first full- soccer fields, 38 tennis courts, 41 bas- initiative. time mayor, Jack has blazed a trail un- ketball courts and 39 neighborhood Mr. TIAHRT. Mr. Speaker, I am pleased to surpassed in accomplishment while he playgrounds to serve its residents. Vet- be an original co-sponsor of H.R. 2591, legis- significantly improved the quality of erans Park itself contains the State’s lation designating the United States Post Of- life in the township, making it an ex- largest municipal playground and the fice located on Elm Street in Wakefield, Kan- ample for other communities in New largest public tennis facility and it is sas, as the ``William H. Avery Post Office''. Let Jersey and around the country. And he the site of the annual SeptemberFest me commend Congressman MORAN for spon- always did it with style, good humor celebration to which over 100,000 people soring this legislation which is an appropriate and class. Jack Rafferty was a mayor a year visit to enjoy the community of honor well deserved by the recipient. ahead of his time. In fact he was forg- Hamilton. These things do not happen Mr. Speaker, my wife Vicki and I have en- ing ahead with action items like pre- by accident. They are the result of joyed our friendship with Governor Avery over serving open space years before other careful planning and careful execution. the past several years, and we are both ex- politicians discovered the benefit of We have our mayor to thank for it. cited that this honor is being bestowed upon this enlightened initiative. Keeping Hamilton beautiful, bursting a great public servant and good friend who Almost everywhere you look in Ham- with trees, shrubs and flowers and fos- has always placed the people of the great ilton Township, you will recognize tering a high standard of living has State of Kansas first. Jack Rafferty’s legacy and handiwork. been another Jack Rafferty hallmark. When I think about the tremendous reputa- From Hamilton’s 310-acre Veterans Hamilton has planted 4,000 shade trees tion Governor Avery still enjoys, I think about Park, which Mayor Rafferty made a re- since Mayor Rafferty took office and the moniker given to a past politician: The ality soon after being elected, to the the township continues to plant about Happy Warrior. You cannot talk to Bill without botanical beauty of Sayen Gardens, 300 per year. Overall, Hamilton now has feeling his zest for life and his indomitable Hamilton today is an oasis in New Jer- 3,500 acres of parkland. The infrastruc- spirit. It is not unusual to see Governor Avery sey, a place set apart, a wonderful com- ture and open space improvements at an event in Kansas, shaking hands, kissing munity to live and to raise a family. babies and talking about the latest Republican Mr. Speaker, like other lawmakers at made by Mayor Rafferty have sparked strategy. Sometimes a few of us in this es- the County, State, and Federal level, I important nonpolluting commercial teemed Body get tired and frustrated. At those have worked very closely with Mayor growth and provide for a diverse and moments I think of Governor Avery, his quick Rafferty for years on joint Federal and stable economy in Hamilton. smile, his knowing wink, his kind words, his local project initiatives to improve b 1600 all-encompassing heart. Always smiling, al- Hamilton’s enviable quality of life. Along with serving as Hamilton’s These initiatives include his deter- ways moving, always hopeful of the future, but mayor, Jack has always found the time respectful of the past. Governor Avery is truly mined effort to establish a single post- to be active in numerous civic associa- al identity for his community to unite Kansas's Happy Warrior. tions as well, the township’s VFW post, Mr. Speaker I realize that at times the floor its various neighborhoods. In 1992, the Knights of Columbus, the YMCA, Mayor Rafferty accomplished this goal of the House can be partisan, and with your and the Grange Society. Mayor when the U.S. Postal Service finally indulgence I am going to add to that partisan Rafferty also served as president of the recognized Hamilton as the name to be flame, just a bit. There is one memory I will al- New Jersey Conference of Mayors from used when addressing letters to people ways cherish, and it occurred in January of 1984 to 1986, and as I indicated earlier, and businesses. Mr. Speaker, that is 1995. I was a new Member of Congress, full was the conference Mayor of the Year why it is so fitting to name this postal of hope, a little overwhelmed, and flush antici- in 1997. facility on Route 130 in Hamilton after pation of the job ahead. Mayor Rafferty received more awards the mayor, if it were not for Jack, this I had some friends and family in my office than time permits me to mention on postal identity, like scores of other and in came Governor Avery. He came up to the floor today during his service to things, would never have become a re- me and shook my hand, and told me why he Hamilton, but just to name a few: the ality. had traveled back to D.C. You see Governor Most recently, Jack worked to bring Young Mens Christian Association Man Avery is also appropriately called Congress- a Northeast Corridor line train station of the Year in 1992, the Boy Scouts of man Avery. He served in this House from to Hamilton. During the dedication America Distinguished Citizen Award 1955±1965. He related to me that when he ceremony for the station, Mayor in 1996, and Project Freedom’s Angel won his election in 1954, he thought he would Rafferty spoke with pride about meet- Award in 1998. be entering a Republican Congress, but he ing the needs of the growing number of Mr. Speaker, finally just let me say soon learned that the Democrats had regained commuters who live in our area, not that I have known Jack Rafferty and the majority. Congressman Avery was des- just in Hamilton but in surrounding his wife Doris and their children, tined to serve all his tenure in the minority. He communities as well, and he also Megan and Daniel, for many years. always felt a little jilted by history, and that is talked about the big landscaped hedge They have been and are today a great why he wanted to be on the floor of the U.S. sign along the Northeast Corridor first family. They are caring people. House when the gavel passed. At that mo- route that lets people know that they They epitomize what is good and hon- ment I realized how fortunate I really was to are in Hamilton Township. Quite lit- orable about public service, and they be entrusted with a job representing the erally, he put Hamilton on the map. are class personified. Fourth Congressional District of Kansas, and I Mayor Rafferty worked hard, effec- As mayor, Jack will be missed, but realized just how historic a shift in Congress tively and with a can-do type of vision always appreciated. I believe that des- can be. to develop Hamilton’s infrastructure, ignating the post office on Route 130 as Mr. Speaker, I hope Governor Avery is en- including its award-winning water pol- the John K. Rafferty Hamilton Post Of- joying the beautiful Autumn evening back lution control system which has at- fice is the least that our citizens can do home in Wakefield, Kansas. I want to thank tracted ecology students and teachers to say ‘‘thank you’’ to someone who him for all his words of inspiration, his dedica- from universities along with officials has done so much for so many. tion and his enduring attitude. When the his- from other municipalities. He knows Mr. MCHUGH. Mr. Speaker, I have no tory of Kansas is written, it will be as kind to that a well-built, forward-thinking and further requests for time but yield my- Governor Avery as he has been to anyone properly maintained infrastructure is self such time as I may consume. who has had the good fortune to know him. the key to balancing development, en- Mr. Speaker, I cannot imagine any Mr. Speaker, I am honored to be able to call vironmental protection and local pros- way in which I can add to the elo- Governor Avery my friend and to help recog- perity. quence and the depth of the very appro- nize him this day for the many accomplish- While Mayor Rafferty realized the priate comments by the gentleman ments he has provided the people of Kansas importance of roads, highways, and from New Jersey (Mr. SMITH), and with and this great country. October 12, 1999 CONGRESSIONAL RECORD — HOUSE H9843

Mr. MCHUGH. Mr. Speaker, I yield spend to receive Federal dollars and comply fore our committee and then to the back the balance of my time. with requirements, it also does not reflect floor of the House. It is difficult for me The SPEAKER pro tempore (Mr. what portion of the Federal dollars allocated to think of what could be more non- to school districts is spent on students in the STEARNS). The question is on the mo- controversial than Congress recog- classroom; tion offered by the gentleman from Whereas American students are not per- nizing the importance of sending dol- New York (Mr. MCHUGH) that the forming up to their full academic potential, lars directly to the classroom. We want House suspend the rules and pass the despite significant Federal education initia- to make sure every tax dollar we spend bill, H.R. 1374, as amended. tives, which span multiple Federal agencies; on education makes a real difference in The question was taken; and (two- Whereas according to the Digest of Edu- the life of a child. thirds having voted in favor thereof) cation Statistics, during the 1995–96 school Specifically, the Dollars to the Class- the rules were suspended and the bill, year only 54 percent of $278,965,657,000 spent room resolution calls on the U.S. De- as amended, was passed. on elementary and secondary education was spent on ‘‘instruction’’; partment of Education to work with The title of the bill was amended so Whereas according to the National Center States and local school districts to en- as to read: ‘‘A bill to designate the for Education Statistics, in 1996, only 52 per- sure that 95 percent of funds for ele- United States Post Office building lo- cent of staff employed in public elementary mentary and secondary education are cated at 680 U.S. Highway 130 in Ham- and secondary school systems were teachers; spent to improve the academic achieve- ilton, New Jersey, as the ‘John K. Whereas according to the latest data avail- ment of our children in their class- Rafferty Hamilton Post Office Build- able from the General Accounting Office, in rooms. The United States spends twice ing.’.’’ fiscal year 1993, Federal education dollars as much; I repeat, the United States A motion to reconsider was laid on funded 13,397 full-time equivalent positions in State educational agencies; spends twice as much as any other the table. Whereas in fiscal year 1998, the Depart- country to administer education. f ment of Education’s paperwork and data re- Too much is spent on bureaucracy at porting requirements totaled 40,000,000 ‘‘bur- GENERAL LEAVE all levels of government. We need to do den hours,’’ which is the equivalent of 19,300 our part to make sure that Federal dol- Mr. MCHUGH. Mr. Speaker, I ask people working 40 hours a week for 1 full lars do not enable bureaucracies at unanimous consent that all Members year; State and local levels to grow even Whereas too much of our Federal edu- may be granted 5 legislative days in larger. We know very little about what which to revise and extend their re- cation funding is spent on bureaucracy, spe- cial interests, and ineffective programs, and proportion of Federal dollars are spent marks on H.R. 1374, bill just passed. too little is effectively spent on our Nation’s in the classroom. The Department of The SPEAKER pro tempore. Is there youth; Education says 84 percent. Others say objection to the request of the gen- Whereas getting 95 percent of all Federal even less. But we do not need to argue tleman from New York? elementary and secondary education funds about the exact number. There was no objection. to the classroom could provide substantial The evidence of bureaucracy taking f additional funding per classroom across the away resources from the classrooms United States; SENSE OF THE HOUSE URGING 95 Whereas more education funding should be are plentiful. For example, more than PERCENT OF FEDERAL EDU- put in the hands of someone in a child’s 13,000 employees are funded with Fed- CATION DOLLARS BE SPENT IN classroom who knows the child’s name; eral dollars and State education agen- THE CLASSROOM Whereas burdensome regulations, require- cies to administer Federal programs. It ments, and mandates should be removed so would take 20,000 full-time employees a Mr. GOODLING. Mr. Speaker, I move that school districts can devote more re- year to fill out all of the paperwork to suspend the rules and agree to the sources to children in classrooms; and produced by the Department of Edu- resolution (H.Res. 303) expressing the Whereas President Clinton has stated: ‘‘We cation. In just the Elementary and Sec- sense of the House of Representatives cannot ask the American people to spend more on education until we do a better job ondary Education Act there are more urging that 95 percent of Federal edu- than 60 programs. Overall there are cation dollars be spent in the class- with the money we’ve got now.’’: Now, there- fore, be it more than 760 education programs. room, as amended. Resolved, That the House of Representa- I think we can all agree that Con- The Clerk read as follows: tives urges the Department of Education, gress should be about the business of H. RES. 303 States, and local educational agencies to empowering parents and teachers to do Whereas effective teaching begins by help- work together to ensure that not less than 95 percent of all funds appropriated for the pur- their jobs as effectively as possible, ing children master basic academics, holding pose of carrying out elementary and sec- and that means giving them the re- children to high standards, using effective, ondary education programs administered by sources to educate children as effec- scientifically based methods of instruction the Department of Education is spent to im- in the classroom, engaging and involving tively as possible. It is time to trans- prove the academic achievement of our chil- parents, creating safe and orderly class- form the Federal rule to make it stu- dren in their classrooms. rooms, and getting dollars to the classroom; dent centered, not program centered, Whereas our Nation’s children deserve an The SPEAKER pro tempore. Pursu- to make it results centered rather than educational system that provides opportuni- ant to the rule, the gentleman from process centered. At the end of the day ties to excel; Pennsylvania (Mr. GOODLING) and the what is more important is how these Whereas States and localities must spend a gentleman from Missouri (Mr. CLAY) programs are working to improve stu- significant amount of education tax dollars each will control 20 minutes. dent achievement. We want to make applying for and administering Federal edu- The Chair recognizes the gentleman sure that every tax dollar counts and cation dollars; from Pennsylvania (Mr. GOODLING). Whereas the administrative costs of the goes to helping children learn. We Mr. GOODLING. Mr. Speaker, I yield think this is best accomplished by United States are twice the average of other myself such time as I may consume. countries in the Organization for Economic moving resources to the people who do I believe it is important that we go Cooperation and Development (OECD); help children learn, parents and class- Whereas it is unknown exactly what per- about the work of reauthorizing the El- ementary and Secondary Education room teachers. centage of Federal education dollars reaches Mr. Speaker, I reserve the balance of the classroom, but according to the Depart- Act and also appropriating funds for ment of Education, in 1998, 84 percent of the education, that Congress renews its my time. Department’s elementary and secondary edu- commitment to the principle that edu- Mr. CLAY. Mr. Speaker, I yield my- cation dollars were allocated to local edu- cation dollars are most effectively self such time as I may consume. cational agencies and used for instruction spent in the classroom. Mr. Speaker, all of us agree that it is and instructional support; Two years ago the Dollars to the important to send the vast majority of Whereas the remainder of the Depart- Classroom resolution was overwhelm- education dollars to the classroom. In ment’s dollars was allocated to States, uni- fact, that is exactly what the Federal versities, national programs, and other serv- ingly supported by this chamber by a ice providers; vote of 310 to 99. This resolution is a Government is doing right now accord- Whereas the total spent by the Department resolution that the gentleman from ing to the new report by the GAO. On for elementary and secondary education does Pennsylvania (Mr. PITTS) has been tre- September 30, GAO released an anal- not take into account what States must mendously influential in bringing be- ysis of the top 10 education programs H9844 CONGRESSIONAL RECORD — HOUSE October 12, 1999 and found that the Department of Edu- I could read more, but that is the into the classroom, and our kids de- cation distributed over 99 percent of quote used in the resolution. serve to be the prime beneficiaries of the money to the States. Also he mentioned the local adminis- Federal funding. This resolution calls The States, in turn, distributed an trators not complaining. Let me give on Federal, State, and local agencies to average of 94 percent of the funds they my colleagues a quote from my school ensure that 95 percent of the funds are received to local school districts. Far superintendent when he came to used for classroom activities and serv- from the bureaucratic nightmare of present testimony before the Com- ices. wasted Federal dollars repeatedly al- mittee on Education and the Work- What could this mean for our kids? leged by some in the Republican major- force. He said, ‘‘The direct funding of First, it would signal an important sys- ity, GAO found that States used their dollars for classroom teachers’ use temic shift in how Federal education funds on providing technical assistance would put the money in the hands of dollars can be delivered to our Nation’s to local educational agencies, to pro- the people who would make the dif- schools. It could mean more books, fessional development for teachers, to ference in districts like ours. Who bet- more textbooks. I have had students program evaluation and to curricula ter to decide what is needed in his or from my district share that their text- development. her classroom than the teacher.’’ books are in some cases older than Mr. Speaker, GAO also surveyed local Another one Dr. Linder Shingo, a su- their teachers. In the words of an school administrators in nine rep- perintendent from Georgia: ‘‘Adminis- eighth grader who was here last year resentative school districts and made trators from Washington will never and who spoke, he said quote, ‘‘Our ge- the following emphatic conclusion, and meet the needs of individual children. I ography books are from the 1980s. A lot I quote: ‘‘We found that State staffs cast my vote for returning as many has happened in the world since then. spent very little time administering dollars directly to the local schools as Instead of calling the books Geography the programs and that district office we are able. Less bureaucracy on all Today, they should be called Geog- staff also generally spent little time levels would allow more dollars to di- raphy of the World 15 years ago,’’ end administering them,’’ end of quote. rectly reach the students in the class- quote. Mr. Speaker, it is quite ironic that room.’’ b 1615 this GAO study was not requested by In addition, one of the administra- Democrats, but by the majority, Re- tors said they do not even bother ap- That is a pretty astute comment for publican majority. Now I suspect that plying for the Federal funds because of an eighth grader. More dollars to the some of those who requested this study the administrative requirements and classroom could also mean more teach- were hoping that it would be a hit job the costs to them in the local level and ers, more teacher aides. This money on the Department of Education. In- the paperwork and the procedure nec- could be used for teachers’ salaries. stead, it confirms what we have said all essary to apply for the Federal funds. More dollars to the classroom could along. The Department of Education But, Mr. Speaker, let me go ahead mean new computers, computer soft- spends less than 1 percent of funds on and say that I rise in support, strong ware, even microscopes so that stu- administration. support, of the Dollars to the Class- dents have new opportunities of dis- So I hope that this new GAO report room resolution today, an effort on covery in science and physics and will stop those who would falsely which we have been working for a cou- mathematics. demagogue the administration of the ple of years to ensure that our Federal It is a little-known fact that most Department of Education programs. We elementary and secondary education public schoolteachers now dip into want solutions, not false and empty dollars get to where they belong, in the their own pockets to provide supplies resolutions. The majority’s funding classroom of our public schools where for their classrooms, sometimes spend- plan for education is in shambles. We teachers who know a child’s name has ing hundreds and even thousands of should get on with finishing the reau- some control over the money. dollars a year. Yet, consider this fact: thorization of the Elementary and Sec- Overall not a lot, a high percentage according to the General Accounting ondary Education Act instead of wast- of our schools’ funding is from the Fed- Office study in fiscal year 1993, Federal ing time on this blatant effort to un- eral Government. Most of it is State education dollars funded 13,397 full- dermine public support for Federal and local government funds, but about time equivalent positions in State edu- education spending. 6 to 7 percent does come from the Fed- cation agencies. In fiscal year 1998, the Mr. Speaker, I reserve the balance of eral Government, and this is about in a Department of Education’s paperwork my time. day of tightening tax dollars the need and data reporting requirements to- Mr. GOODLING. Mr. Speaker, I yield for more efficient and effective use of taled 40 million of what they call bur- such time as he may consume to the our tax dollars. Currently, as I men- den hours, which is the equivalent of gentleman from Pennsylvania (Mr. tioned, it is estimated and depending 19,300 people working 40 hours a week PITTS), who has worked so hard that on the programs some more some less, for one full year. this money does get down, in spite of but it is estimated from between 65 to If we are honestly going to discuss what we just heard, to the classroom 86 percent of the Federal education dol- our priorities in Federal funding of ele- teacher. lars make it to the classroom for edu- mentary and secondary education, we Mr. PITTS. Mr. Speaker, first I want cational purposes. must ask why so much funding goes to to commend the gentleman from Penn- Regardless of the exact amount, that the bureaucracy instead of going right sylvania (Mr. GOODLING) for his leader- is not enough. It is no secret that funds to the kids in the classroom. With the ship and support on behalf of this reso- designated for the education of our dollars to the classroom resolution, we lution and all education reform. I just kids are wasted when they are not fun- aim to put priority back on our kids. want to mention first of all, in re- neled down to the level where they can This is a goal on which we all can sponse to the gentleman from Missouri actually play a supportive role in class- agree. We should vote for the Dollars who cited a GAO report, that he did not room activities, and instead they are to the Classroom resolution, recog- continue reading from the report. I often funneled off by bureaucracies at nizing that local schools, not bureauc- have a copy of it here. Let me continue all levels. The importance of this Dol- racies, are best suited to make deci- reading what he failed to read: lars to the Classroom resolution today sions about allocating resources. They ‘‘After saying that collectively the is that we should set a standard to re- understand their students’ back- States distributed 94 percent of the duce bureaucratic and ineffective grounds, their needs; they can respond Federal funds they received mainly to spending. We should work to get more to them most directly with proven local agencies,’’ it continues, ‘‘exclud- money into the local classroom. We methods of instructions. We should ing the $7.3 billion Title I program, one should prioritize the way we spend our trust the parents and our teachers and of the largest elementary secondary education tax dollars and put children our public schools to use money to education programs. The overall per- first. meet their unique needs. Vote for the centage of funds States allocated to This is about the kids. This is for dollars to the classroom resolution. local agencies by the remaining 9 pro- them. We must get the dollars down to Mr. Speaker, I yield back the balance grams was 86 percent.’’ where they benefit, where the action is, of my time. October 12, 1999 CONGRESSIONAL RECORD — HOUSE H9845 Mr. CLAY. Mr. Speaker, I yield my- gives somebody a 30-second political Mr. GOODLING. Mr. Speaker, I yield self such time as I may consume. soundbite that they can use in some myself such time as I may consume. I Mr. Speaker, I am at a loss to under- way to enhance themselves in saying guess I should ask to have my state- stand why the gentleman would ex- this is what we do for education. I rise ment brought back to me, because I clude Title I from factoring in the ad- in opposition to this resolution because cut out all that nonsense political par- ministrative costs when it is the larg- it is a nonbinding resolution to begin tisanship that was written into it, but est education program in the country, with, and although it urges the Depart- maybe after hearing all of this non- $8 billion. And when we factor in the ment of Education, the Federal Depart- sense, I should bring it back and read ESEA to Title I funding, my figures are ment of Education, the States and that too. Obviously, some people have correct. Ninety-nine percent of the local educational agencies to strive to not read the resolution, because the Federal money goes to the States, and ensure that 95 percent of all Federal resolution very specifically says that 94 percent of that goes to the class- funds appropriated for educational pro- the Federal Secretary should work room. grams are spent to improve academic with State and local officials to bring The problem the gentleman from achievement in the classroom, let me this about. Pennsylvania has is with his State tell my colleagues that in those local Mr. Speaker, I yield 2 minutes to the agency. IDEA, when we send Federal school districts where the bulk of the gentleman from Michigan (Mr. HOEK- money to the State, the State keeps 25 money comes from, they are doing ex- STRA), and I ask unanimous consent percent of it instead of sending it on to actly that. They are trying to spend that he control our time from this the LEAs or the local LEAs or to the that money in a way that they can point on. classroom. When the national average guarantee the academic achievement The SPEAKER pro tempore (Mr. for that money is 13.5 percent, what is in the classroom of these young chil- STEARNS). Is there objection to the re- the State of Pennsylvania doing with dren, contrary to what my friends on quest of the gentleman from Pennsyl- the other 13.5 percent, the other 12.5 the other side of the aisle say. vania? percent? That is where his problem is, While it is a nice sentiment, I must There was no objection. and that is where he ought to be trying express my dismay that we are wast- Mr. HOEKSTRA. Mr. Speaker, I to get the State legislature to do some- ing, as the chairman said, valuable thank the chairman for yielding me thing about that. time on the floor on this resolution this time and applaud the chairman for Mr. Speaker, I yield 4 minutes to the when we could be doing so many other the work that over the years he has gentleman from California (Mr. MAR- things that are more important such as done on education. I also thank the TINEZ). providing monies for classroom con- chairman for the opportunity that he (Mr. MARTINEZ asked and was given struction in the local schools, some- provided me over the last couple of permission to revise and extend his re- thing that we have been refusing to do years to take our subcommittee around marks.) which would go a long way in helping the country and hold a series of hear- Mr. MARTINEZ. Mr. Speaker, I have these kids achieve academic fulfill- ings that we entitled education at a to agree with the ranking member, the ment. We are about 2 weeks into the crossroads. gentleman from Missouri (Mr. CLAY). As we went around the country, as The problem is not here in the Federal fiscal year, and we only have about we heard from governors, as we heard Government because the Federal Gov- nine of the 13 annual appropriations from local officials, we did hear about ernment does send most of the money bills, including the educational appro- the Federal money that goes to the to the local States and school districts, priations bill, still outstanding. If the Republicans call for the Fed- local level, that goes to the State level. it is the local States’ and school dis- eral Government to shut down next We consistently heard about the money tricts’ options to do with that money week, no Federal money will be going what they will. In fact, there is a con- that comes to the local level, the to those classrooms where they want 95 tradiction here. They are saying 95 per- money that goes to the State level and cent goes to the classroom when in percent to go. In addition, as the gen- how Federal strings are tied to that fact, more than 95 percent goes to the tleman from Missouri (Mr. CLAY) money. Not necessarily consuming dol- classroom already, 99 percent goes. The pointed out, according to a recent lars in Washington, but consuming lots fact is, with this resolution one would study that they ordered by GAO that of dollars at the State and local level, think we are opting to give the locals was done at the request of the gen- either in applying for the programs, the discretion to use more than the 1 tleman from Pennsylvania (Mr. GOOD- finding out what programs existed, or percent they are using now for admin- LING) and the gentleman from Michi- meeting the reporting requirements of istration and use the 5 percent for ad- gan (Mr. HOEKSTRA) and the gentleman the various education programs. ministration, so in actuality, the reso- from Pennsylvania (Mr. PITTS), 95 per- So the requests from the States, the lution is counteracting what they are cent of all of the Federal education requests from the local agencies and professing to do. dollars are already being spent on im- the local departments of education But more than that, the gentleman proving that academic achievement. was, send us the money, free us from referred to the GAO study and the GAO So here we are today, wasting time the mandates, free us from the paper- study, in actually looking at the on a resolution that does not do any- work, give us a system that allows us schools, it says, in the context of the thing because it is nonbinding, urging to focus on educating our kids, free us government as it prepares to consider the Department and the States and the up so that we can focus on meeting the the reauthorization, and they asked to districts to do something that they educational needs of our local commu- determine how the educational pro- have already been doing for a good nities and our local schools. And that, grams and the administration money number of years. We in the Congress in the bigger sense, is what dollars to was used for, and the final thing it have a tendency to contradict and let the classroom is about. It is saying says, we selected nine school districts us say over and over again to the pub- that number one, we want to target to ensure that the districts were of lic school districts that they are not Federal education dollars to the States varying sizes, were located in different doing what they should be doing in and to the local levels, eliminating bu- parts of the country, and represented a educating their children. There may be reaucracy. mix of urban, suburban, and rural dis- public school districts in some places But the larger component of dollars tricts; and their conclusion was, in vis- that need a lot of improvement. But to the classroom encourages the Sec- iting the nine schools of the Nation’s the fact of the matter is, 95 percent of retary to take a look at the total pic- 16,000 school districts, they found that all of the people that sit in this cham- ture of the costs that we are imposing the school level staff spent very little ber and 95 percent of all of our staff are on States and local agencies where we time administering the programs and products of the public schools. If the are not spending Federal dollars, but their district office staff, which also public schools are so bad, then how did where we are spending local and State generally spent very little time admin- we all get here. I say we ought to let dollars to meet Federal requirements. istering the programs. the locals do as they know best as they We need to endorse the direction of Mr. Speaker, I hate to be here on the say so many times and take our nose this approach; this is a good proposal, floor wrangling about something that out of their business. and I urge my colleagues to vote for it. H9846 CONGRESSIONAL RECORD — HOUSE October 12, 1999 Mr. CLAY. Mr. Speaker, I yield 5 to be discussing. In my State of New into compliance with ADA, which minutes to the gentleman from New Jersey, children today in over 50 means it is cheaper to tear it down and Jersey (Mr. ANDREWS). schools went to schools that are more build another one than it is to renovate (Mr. ANDREWS asked and was given than 100 years old. Children went to to make it a better building. permission to revise and extend his re- 1,000 that were more than 50 years old The things we do here in Washington, marks.) that are falling apart, yet the majority while well-intended, have a strangle- Mr. ANDREWS. Mr. Speaker, I rise in has not seen fit to bring a school con- hold on our schools. A special edu- opposition to this resolution. If this struction bill to this floor. My col- cation student that is profoundly af- was a debate about military policy, leagues may disagree in the majority fected still has an education plan that this would be like us ignoring the Peo- with school construction, but, Mr. is six pounds that a teacher has to use. ple’s Republic of China and declaring Speaker, let us bring it to the floor and There are only two pages they actually war on the British Virgin Islands. have an honest debate and a vote. use for that student, but there are six We are here today to discuss a prob- b 1630 pounds to cover themselves from law- lem that has largely been solved; at the suits that come from the Federal level. same time, we are ignoring some very We are discussing the issue of class Mr. Speaker, I rise today in strong real problems in America’s classrooms. size reduction. There are children support of House Resolution 303, which The chairman of the committee and going to kindergarten, first and second urges that 95 cents of every Federal the distinguished subcommittee chair- grade, in schools with 36 and 37 chil- education dollar be spent in the class- man wrote to the General Accounting dren. They can learn successfully, but room. I am a cosponsor of this impor- Office who calls them as they see them. every valid piece of educational re- tant resolution because I believe it sets And they said, we have heard all of search we know says that children tend forth the vision that many of us have these concerns that too many dollars to do better when they are in with 17 or for education in this country, a vision are being kept in Washington and spent 18 children in the primary grades. in America where all children are by the Washington bureaucrats and not Bring to the floor legislation that will achieving their fullest potential be- getting back to the classroom. Tell us fund, not just talk about but fund, a cause they are taught by well-trained what the facts are. And the GAO did a class size reduction. teachers in disciplined classrooms study of it and the GAO came to this The majority’s Committee on Appro- filled with educational resources. conclusion: in fiscal year 1996, the De- priations is apparently about to pro- Our children’s education is most se- partment of Education distributed over pose an across-the-board cut in the cure when the dollars and decisions are 99 percent of its appropriations for the Labor-HHS appropriation bills that controlled back home by parents and 10 programs to the States, the States will cut across-the-board Title I, IDEA, teachers and local school districts. in turn collectively distributed 94 per- Perkins, Safe and Drug-Free Schools, Spending 95 cents of every Federal dol- cent of that money to the local dis- Goals 2000, School-to-Work, Eisen- lar in the classroom is a worthy and at- tricts. hower, Innovative Education, bilin- tainable goal to improve education in Then we hear that, well, all the gual, Even Start, and all the rest. So our country. Our students deserve to money is really being spent by the they want 95 percent of a smaller num- have the money that we are setting local districts in filling out papers and ber, I would guess. aside for them actually work for them complying with all of these rules. The Mr. Speaker, this is a well-inten- in the classroom. GAO sent investigators to nine school tioned amendment, but it talks about a The statistics that we hear here by districts, they did in-depth evaluation problem that largely has already been whatever government agency are a far and discussion with the personnel in solved. I would suggest that we get to cry from what teachers and principals those districts and here is what they work solving one that really exists. Let and people are telling us back home. concluded: this is not the Democratic us put our workers to work in this Let us take our hands off of it and let Party concluding this or the Repub- country building and repairing schools, the system work. Let teachers teach lican Party concluding this, this is the let us put qualified teachers in every and principals take care of their GAO, which I think has, as their motto classroom, and let us put ourselves to schools. is on the front page, a reputation for work on the real issues of education. Mr. CLAY. Mr. Speaker, I yield my- dependability and integrity, and here is Mr. HOEKSTRA. Mr. Speaker, I yield self such time as I may consume. what they said: we found that school 21⁄2 minutes to my colleague, the gen- Mr. Speaker, I am still having trou- level staff spent very little time ad- tleman from South Carolina (Mr. ble understanding this non-debate ministering the programs and the dis- DEMINT). about this non-educational issue. The trict office staff also generally spend Mr. DEMINT. Mr. Speaker, I am real very people who requested the GAO to little time administering them. curious about the facts and statistics study the problem and the allegations So it seems to me that we are here that we just heard, because I have been they are making claim that they do discussing, in large part, a problem in about 20 schools over the last couple not like what they hear. Well, they that exists only in the minds of the of months, and what I have heard does asked this independent body to report, majority. Title I, less than 1 percent of not bear up to teachers who even yes- to study and report. Now, when the the funds spent in Washington. IDEA, terday were telling me that they were body reports back, they say they do less than 1 percent of the funds spent spending so much of their time dealing not believe it or they do not like it or in Washington. The Perkins loan pro- with paperwork. they do not understand it. gram, nothing spent in Washington. In Ohio, it is estimated that 50 per- I do not understand what this issue is Safe and drug-free schools which the cent of the paperwork burden was gen- about. We know that the vast majority majority tried to eliminate a few years erated by Federal education programs, of funds from the Federal and State ago, less than 1 percent spent in Wash- though the Federal resources provided level go into the classroom. I think it ington. Goals 2000, that terrible Fed- only 5 percent of the funding. In Ari- is a political issue that they have eral takeover of our schools that they zona, Lisa Graham Keegan, the State hyped up and it is backfiring on them, resisted so violently, less than 1 per- superintendent for public construction, because all credible evidence shows cent spent in Washington. The school- says that while the Federal programs that the money is going into the class- to-work program, maybe we should only account for 6 percent of the edu- room, so it is a non-issue. This is a take a look at this, 7 percent spent in cation spending in the State, 45 percent non-debate. Washington, 93 in the States; the Ei- of the staff in the State Department of Mr. Speaker, I yield back the balance senhower program, less than 1 percent Education work with or manage Fed- of my time. spent in Washington. Innovative edu- eral programs. Mr. HOEKSTRA. Mr. Speaker, I yield cation, nothing spent in Washington, I was in a dilapidated school yester- 2 minutes to the gentleman from Penn- bilingual education, 1 percent; Even day that would like to renovate, but sylvania (Mr. Pitts), the sponsor of the Start, 1 percent. they cannot because of Federal regs. If resolution. Now, I say to my colleagues, there they touch one bit of that building, Mr. PITTS. Mr. Speaker, first of all, are some real problems that we ought they have to bring the whole building it is never a waste of time to talk October 12, 1999 CONGRESSIONAL RECORD — HOUSE H9847 about the money spent on our kids, use education funds are made by locally elect- which to revise and extend their re- educating our kids in the classroom. ed school boards, with input from parents, marks on House Resolution 303. As far as the statistics, reading from educators and students. The SPEAKER pro tempore. Is there the gentleman’s own report, he says They don't need Washington, DC telling objection to the request of the gen- that 99 percent, and I will read the them where to spend their money! tleman from Michigan? same sentence, it does not say ‘‘to the Every community in my district already There was no objection. classroom,’’ it says, ‘‘distributed over spends the majority of its education funds in f 99 percent of the appropriations from the classroom. FATHER THEODORE M. HESBURGH the 10 programs to the States.’’ It does But, sometimes a community needs to CONGRESSIONAL GOLD MEDAL not say ‘‘to the classrooms.’’ spend funds in other ways, such as teacher ACT Now, if we read down lower on that training activities, educational technology or Mr. BACHUS. Mr. Speaker, I move to page, page 3, it says if we exclude Title coordinated services. suspend the rules and pass the bill I, which is the most efficient program, No matter how much money we spend in (H.R. 1932) to authorize the President and look at the other nine, we have an the classroom, children must come to school to award a gold medal on behalf of the average of 86 percent in those nine pro- ready to learn; teachers need to advance their Congress to Father Theodore M. grams. So from the gentleman’s own skills; and students should have the benefit of Hesburgh, in recognition of his out- report, and if the gentleman will look modern educational technology. standing and enduring contributions to on page 10, it graphs each one as far as We have always relied on parents, edu- civil rights, higher education, the what is the administrative cost of the cators and local community leaders to make Catholic Church, the Nation, and the States, the States’ use. If we just dis- local education decisions. I urge my col- global community. regard the Federal use and look at the leagues to show their trust in the folks back The Clerk read as follows: State agencies on page 10, only two home by voting against H. Res. 303. H.R. 1932 programs meet the 5 percent or below. Mr. PACKARD. Mr. Speaker, I would like to Be it enacted by the Senate and House of Rep- All the rest are above. That is just urge my colleagues to support H. Res. 303, a resentatives of the United States of America in what the State administrative costs resolution which urges that 95 cents of every Congress assembled, are, not the local administrative costs. federal education dollar be send back to SECTION 1. SHORT TITLE. Our resolution states, ‘‘The local where they belongÐin the hands of parents This Act may be cited as the ‘‘Father education agencies should work to- and teachers. The Dollars to the Classroom Theodore M. Hesburgh Congressional Gold gether to ensure that not less than 95 Resolution, H. Res. 303, calls on education Medal Act’’. percent of all funds appropriated for agencies at all levels to ensure that 95 per- SEC. 2. FINDINGS. the purpose of carrying out elementary cent of federal spending for elementary and The Congress finds that— (1) Father Theodore M. Hesburgh, C.S.C., and secondary education programs ad- secondary education programs makes it into has made outstanding and enduring con- ministered by the Department of edu- the classrooms of this country. tributions to American society through his cation is spent to improve the aca- The Dollars to the Classroom Resolution activities in civil rights, higher education, demic achievement of our children in recognizes the fact that learning takes place in the Catholic Church, the Nation, and the their classroom.’’ a classroom, and thus student-focused ex- global community; So what we are talking about is what penditures on direct learning tools, such as (2) Father Hesburgh was a charter member is really important here. That is the books, computers, maps, and microscopes, of the United States Commission on Civil kids in the classroom. That is what should be prioritized. H. Res. 303 calls on Rights from its creation in 1957 and served as chairperson of the Commission from 1969 to this resolution is all about, how are we education agencies to work together to ensure 1972; going to impact the kids’ learning and that federal elementary and secondary appro- (3) Father Hesburgh was president of the give the equipment, the tools to the priations are put to use on instructional pur- University of Notre Dame from 1952 until teachers that directly impact the chil- poses for youth in classrooms. We must make 1987, and has been president emeritus since dren, give them the aid that directly a commitment to send more education dollars 1987; impacts their teaching so our kids can to schools, libraries, teachers, and studentsÐ (4) Father Hesburgh is a national and compete in this world. That is the goal not administrators and federal bureaucrats. international leader in higher education; of this resolution. I urge the Members The Dollars to the Classroom Resolution will (5) Father Hesburgh has been honored with the Elizabeth Ann Seton Award from the Na- to adopt it. require that 95 percent of federal education tional Catholic Education Association and Mr. HOEKSTRA. Mr. Speaker, I yield funds be used for classroom activities and with more than 130 honorary degrees; myself such time as I may consume. services. (6) Father Hesburgh served as co-chair- To close the debate, the direction Mr. Speaker, I urge my colleagues to give person of the nationally influential Knight that we are establishing for Federal in- teachers and parents the final authority over Commission on Intercollegiate Athletics and volvement for education is that we how education dollars are spentÐnot the fed- as chairperson, from 1994 to 1996, of the want to move towards safe and drug- eral governmentÐand support H. Res. 303. Board of Overseers of Harvard University; free schools. We want local schools Mr. HOEKSTRA. Mr. Speaker, I yield (7) Father Hesburgh served under President that focus on basic academics. We want back the balance of my time. Ford as a member of the Presidential Clem- ency Board, charged with deciding the fates local control, and we want to drive dol- The SPEAKER pro tempore (Mr. of persons committing offenses during the lars back to the classroom. That is STEARNS). The question is on the mo- Vietnam conflict; where we believe and that is where we tion offered by the gentleman from (8) Father Hesburgh served as chairman of know we have the most leverage on im- Pennsylvania (Mr. GOODLING) that the the board of the Overseas Development proving our kids’ education. House suspend the rules and agree to Council and in that capacity led fundraising This resolution states that. It says the resolution, House Resolution 303, efforts that averted mass starvation in Cam- that as a Federal Government, we are as amended. bodia in 1979 and 1980; committed to moving Federal dollars The question was taken. (9) Father Hesburgh served from 1979 to back to the local level, where we can 1981 as chairperson of the Select Commission Mr. HOEKSTRA. Mr. Speaker, on on Immigration and Refugee Policy, which have the most impact. I urge my col- that I demand the yeas and nays. made recommendations that served as the leagues to support this resolution. The yeas and nays were ordered. basis of congressional reform legislation en- Ms. WOOSLEY. Mr. Speaker, I'm amazed The SPEAKER pro tempore. Pursu- acted 5 years later; that my colleagues on the other side of the ant to clause 8 of rule XX and the (10) Father Hesburgh served as ambassador aisle are supporting legislation to tell local Chair’s prior announcement, further to the 1979 United Nations Conference on communities how they should spend their edu- proceedings on this motion will be Science and Technology for Development; cation dollars. postponed. and Education in America has always been a (11) Father Hesburgh has served the Catho- f lic Church in a variety of capacities, includ- local issue and I, for one, think it should stay GENERAL LEAVE ing his service from 1956 to 1970 as the per- local. manent Vatican representative to the Inter- In the communities which I represent in Mr. HOEKSTRA. Mr. Speaker, I ask national Atomic Energy Agency in Vienna Congress, Communities in Marin and Sonoma unanimous consent that all Members and his service as a member of the Holy County, California, the decisions on how to may have 5 legislative days within See’s delegation to the United Nations. H9848 CONGRESSIONAL RECORD — HOUSE October 12, 1999 SEC. 3. CONGRESSIONAL GOLD MEDAL. of Honor to a very worthy and out- for his leadership and that of the gen- (a) PRESENTATION AUTHORIZED.—The Presi- standing American. Father Hesburgh tlewoman from California (Ms. WA- dent is authorized to present, on behalf of was educated at Notre Dame and the TERS) and, of course, the gentleman the Congress, a gold medal of appropriate de- sign to Father Theodore M. Hesburgh in rec- Georgian University in Rome, for from Indiana (Mr. ROEMER), for bring- ognition of his outstanding and enduring which he received a bachelor of philos- ing this bill before us. contributions to civil rights, higher edu- ophy degree in 1939. He was ordained a The United States Congress rarely cation, the Catholic Church, the Nation, and priest by the congregation of the Holy authorizes gold medals. In this case, it the global community. Cross in Sacred Heart Basilica on the is choosing to do so for a man who (b) DESIGN AND STRIKING.—For purposes of Notre Dame campus June 24, 1943 by symbolizes the most profound of Amer- the presentation referred to in subsection ican values, a faith-based commitment (a), the Secretary of the Treasury (in this Bishop John F. Knoll of Fort Wayne. Act referred to as the ‘‘Secretary’’) shall Following his ordination, Father to civil rights, to quality education, to strike a gold medal with suitable emblems, Hesburgh continued his study of sacred peace and the processes needed to devices, and inscriptions, to be determined theology at the Catholic University of produce a more civil world. Father by the Secretary. America, Washington, D.C., receiving Hesburgh is a man of and for all sea- SEC. 4. DUPLICATE MEDALS. his doctorate in 1945. In 1952 he was sons. His life is worthy of admiration The Secretary may strike and sell dupli- named the 15th president of Notre and, more importantly, replication. He- cates in bronze of the gold medal struck pur- Dame, where he served until retiring in roes are many kinds, but if there is suant to section 3 under such regulations as 1987, ending the longest tenure among such a thing as a hero of faith, it is Fa- the Secretary may prescribe, at a price suffi- cient to cover the cost thereof, including active presidents of American institu- ther Hesburgh. He has ennobled his labor, materials, dies, use of machinery, and tions of higher learning. church, his university, his country. overhead expenses, and the cost of the gold Father Hesburgh has held 15 presi- With this Congressional Gold Medal, medal. dential appointments over the years, we honor his life and his contribution SEC. 5. NATIONAL MEDALS. most recently to the U.S. Institute for to our times. By so doing, we also pay The medals struck pursuant to this Act are Peace, and they involved him in vir- homage to the role of Catholic edu- national medals for purposes of chapter 51 of tually all of the major social issues: cation and church leadership in Amer- title 31, United States Code. civil rights, peaceful issues of atomic ica. SEC. 6. AUTHORIZATION OF APPROPRIATIONS; energy, campus unrest, and Third Mr. BACHUS. Mr. Speaker, I yield PROCEEDS OF SALE. (a) AUTHORIZATION OF APPROPRIATIONS.— World development, to name only a myself such time as I may consume. There is authorized to be charged against the few. Mr. Speaker, there are approximately Numismatic Public Enterprise Fund an His stature as an elder statesman in 230 Catholic institutions of higher edu- amount not to exceed $30,000 to pay for the American higher education is reflected cation in our country. There are 600,000 cost of the medal authorized by this Act. in his 133 honorary degrees, the most students enrolled in those institutions; (b) PROCEEDS OF SALE.—Amounts received ever awarded to any American. High- and, as I said, there is extraordinary from the sales of duplicate bronze medals variety in these institutions. They lit- under section 4 shall be deposited in the Nu- lighting a lengthy list of awards to Fa- mismatic Public Enterprise Fund. ther Hesburgh is the Medal of Freedom, erally are spread across the map of the United States. If one goes to Maine, The SPEAKER pro tempore. Pursu- the Nation’s highest civilian honor, be- one will find Saint Joseph’s College. If ant to the rule, the gentleman from stowed on him by president Lyndon JOHNSON in 1964. one goes to Honolulu, one will find Alabama (Mr. BACHUS) and the gentle- Notre Dame’s president emeritus has Chaminade University; if one goes to woman from California (Ms. WATERS) Florida, one will find Barry University; each will control 20 minutes. served four Popes, three as permanent The Chair recognizes the gentleman Vatican city representative to the St. Thomas in Miami. If one goes to Washington State, one will find Gon- from Alabama (Mr. BACHUS). International Atomic Energy Agency Mr. BACHUS. Mr. Speaker, I yield in Vienna from 1956 to 1970. zaga in Spokane; Seattle University in myself such time as I may consume. Justice has been the focus of many of Seattle, a tremendous number of these (Mr. BACHUS asked and was given his outside involvements. He was a institutions making a tremendous con- permission to revise and extend his re- charter member of the U.S. Commis- tribution. marks.) sion on Civil Rights, created in 1957, One of the premier institutions is Mr. BACHUS. Mr. Speaker, we are and he chaired the Commission from Notre Dame and it is the president of not only here to honor a great Amer- 1969 to 1972, when President Nixon re- that institution that we honor today. ican, a great university president, but placed him as chairman for his criti- Mr. Speaker, I reserve the balance of in doing that, this Congress is also sa- cism of the administration’s civil my time. luting and paying tribute to the Catho- rights record. Ms. WATERS. Mr. Speaker, I proudly lic higher education in America and its Among his more recent and visible yield such time as he may consume to significant contribution. off-campus activities has been as co- the gentleman from Indiana (Mr. ROE- Catholic universities and colleges chairman of the nationally-influential MER), the chief sponsor of the bill. constitute an extraordinary variety of Knight Commission on Intercollegiate (Mr. ROEMER asked and was given institutions. The high quality of the Athletics, and his involvement with permission to revise and extend his re- education they provide is well known the Center for Civil and Human Rights. marks.) Mr. ROEMER. Mr. Speaker, first of to most Americans, and the contribu- b 1645 tion they make to the life of this Na- all, we would not be here without the tion and the world is tremendously There are 292 cosponsors of this legis- strong bipartisan support of the Com- positive. So we not only salute a great lation, and, of course, it is led by my mittee on Banking and Financial Serv- American, but the gentleman from In- colleague and friend the gentleman ices that has jurisdiction over this diana, the chief sponsor of the bill, the from Indiana (Mr. ROEMER), who has issue. I want to thank the gentle- gentlewoman from California and I and done a magnificent job in helping to woman from California (Ms. WATERS) the entire Committee on Banking and organize and focus us on the fact that for her dedication and her commitment Financial Services in doing so wish to this human being has contributed so to bringing this bill honoring Father salute Catholic higher education in much we need to give him special rec- Hesburgh as a Holy Cross priest and America. ognition. the University of Notre Dame to the Mr. Speaker, I will be talking about Mr. BACHUS. Mr. Speaker, I yield 1 floor today. some of those great institutions as we minute to the gentleman from Iowa I want to thank the chairman, the consider this coin. (Mr. LEACH), the chairman of the Com- gentleman from Alabama (Mr. BACHUS) Mr. Speaker, I reserve the balance of mittee on Banking and Financial Serv- for his strong support and his commit- my time. ices. ment to Catholic education. I want to Ms. WATERS. Mr. Speaker, I yield Mr. LEACH. Mr. Speaker, I thank my thank the chairman, the gentleman myself such time as I may consume. distinguished friend, the gentleman from Iowa (Mr. LEACH), who just had Mr. Speaker, I rise in support of be- from Alabama (Mr. BACHUS) for yield- those eloquent words to say. I want to stowing the Congressional Gold Medal ing me this time, and also thank him thank the gentleman from New York October 12, 1999 CONGRESSIONAL RECORD — HOUSE H9849 (Mr. LAFALCE), our ranking member. I mass starvation in Cambodia. He saved of Representatives, it has enjoyed strong bi- also want to thank the Members who thousands of lives with his commit- partisan support. Currently, my legislation is helped me get this resolution started. ment to try and prevent starvation and cosponsored by 292 of my colleagues. The gentleman from New York (Mr. trying to encourage more access to This bipartisan legislation recognizes Father KING) was very helpful, a Republican; food and relief around the world, espe- Hesburgh for his many outstanding contribu- the gentleman from Georgia (Mr. cially for Third World nations. He also tions to the United States and the global com- LEWIS), a Democrat; the gentleman has been strongly committed to higher munity. The bill authorizes the President to from Indiana (Mr. VISCLOSKY), a Demo- education, where he served for 35 years award a gold medal to Father Hesburgh on crat; the gentleman from Indiana (Mr. as the President of the University of behalf of the United States Congress, and it SOUDER), a Republican, those were the Notre Dame. also authorizes the U.S. Mint to strike and sell people that started talking about many When he came to Notre Dame, I duplicates to the public. of these issues, and with my good think some had said it was a very good The public service career of Father friend who served with Father school, with a great football team. Hesburgh, president emeritus of the University Hesburgh on the Civil Rights Commis- Well, today it is an internationally rec- of Notre Dame, is as distinguished as his sion, the gentleman from California ognized research and teaching institu- many educational contributions. Over the (Mr. HORN), who took the case to the tion that attracts the best students years, he has held 15 Presidential appoint- United States Congress to honor with and the best faculty and also, by the ments and he has remained a national leader distinction, with dedication, with in- way, still has a great football team. He in the fields of education, civil rights and the tegrity this great man and we now continues to emphasize the important development of the Third World. Highlighting a have 292 cosponsors on this bill. things such as moral and intellectual lengthy list of awards to Father Hesburgh is It is interesting, and I say to my col- dimensions and faith-based learning at the Medal of Freedom, our Nation's highest ci- leagues, about the history of the Con- the University of Notre Dame. vilian honor, bestowed on him by President gressional Gold Medal of Honor, that He also encourages the students at Lyndon Baines Johnson in 1964. we have awarded it initially and pri- the University of Notre Dame through Mr. Speaker, justice has been the primary marily to military leaders for their the center for social concerns to volun- focus of Father Hesburgh's pursuits through- bravery. We honored notables in teer in the local community and out his life. He was a charter member of the science and math, explorers and space around the United States, and globally U.S. Commission on Civil Rights, created by pioneers going up into the heavens. We in the world to help fight through vol- Congress in 1957 as a compromise to end a have honored athletes and we have unteerism to make a difference with filibuster in the U.S. Senate to prevent pas- honored authors and poets and we have their lives, not only at Notre Dame but sage of any and all legislation concerning civil honored humanitarians and public after they leave that institution. rights in general and voting rights in particular. servants. People such as George Wash- By the way, 80 percent of Notre Dame Father Hesburgh chaired the commission from ington, adorned right here on this wall; graduates have volunteered in some ca- 1969 to 1972, until President Nixon replaced John Paul Jones and Charles Lind- pacity before they graduate from the him as chairman because of his criticism of bergh; Thomas Edison and Jonas Salk University of Notre Dame. the Administration's civil rights record. Addi- garnered this high honor. Finally, the third area that Father tionally, Father Hesburgh was a member of What is so unusual about Father Hesburgh has devoted so much of his President Ford's Presidential Clemency Board, Hesburgh, what is so unique about life to, as a Catholic priest, as a CSC charged with deciding the fate of various what he brings to this award is not just priest and his religious beliefs, he has groups of Vietnam offenders. his devotion and passion for people and taught the value of volunteering. He In 1971, he joined the board of the Over- for equality and civil rights, it is not has stressed the issues of social justice, seas Development Council, a private organiza- just his dedication to public service or not just in South Bend, Indiana, not tion supporting interests of the under- his strong feelings about the impor- just in the United States but in Cam- developed world, and chaired it until 1982. tance of higher education and ethics bodia, in Africa, in the Middle East, During this time, he led fund-raising efforts and integrity and teaching those where he continues to be very involved that averted mass starvation in Cambodia in things at a Catholic University, but it in trying to gain peace and tolerance 1979±80. Between 1979±81 he also chaired is the three things that he has done there. the Select Commission on Immigration and with his life that we honor here today. Father Hesburgh, through fighting Refugee Policy, the recommendations of It is public service. It is devotion to for social justice, has always been am- which became the basis of Congressional re- higher education. It is passionate com- plifying the voice of the homeless, has form legislation five years later. In 1979, Fa- mitment to religion as a Holy Cross always been advocating the concern of ther Hesburgh was appointed Ambassador to priest. the poor and has always been trying to the United Nations Conference on Science Now, the gentlewoman from Cali- put a voice out there for those that are and Technology for DevelopmentÐthe first fornia (Ms. WATERS) and the gentleman voiceless and poor and not able to time a priest has served in a formal diplomatic from Iowa (Mr. LEACH) and others have lobby the government of the United role for the U.S. government. talked about these three areas. Let me States. He was involved during the 1980s in a pri- just spend a bit more time on each of So I have deep admiration for Father vate initiative which sought to unite inter- them. Hesburgh, and it is with great joy that nationally known scientists and world religious First of all, his dedication to public this bill, H.R. 1932, comes to the House leaders in condemning nuclear weapons. He service. He has held 15 different presi- Floor and that we recognize Father helped organize an 1982 meeting in Vatican dential appointments, and I think Hesburgh’s achievements over the City of 58 world class scientists, from East as among them, the most proud times many years. well as West, who called for the elimination of that I have spent with him at lunch In conclusion, Father Hesburgh prob- nuclear weapons and subsequently brought and dinner he has talked so passion- ably was a man for all seasons, a man together in Vienna leaders of six faith tradi- ately about his charter membership on of many causes, a man of deep devotion tions who endorsed the view of these sci- the U.S. Commission on Civil Rights to the Catholic church, a man of dedi- entists. and how he fought so diligently in the cation to higher education, a man of Father Hesburg stepped down as head of 1960s, with the Kennedy and the John- overwhelming commitment to public the University of Notre Dame in 1987, ending son administration, for the passage of service and to justice for all. the longest tenure among active presidents of the historic 1964 Civil Rights Act. That I thank this body for bringing this American institutions of higher learning. He is something that Father Hesburgh bill to the House Floor. continues in retirement as much as he did as continues to fight hard for and feels Mr. Speaker, I rise in strong support of the Nation's senior university chief executive passionately about those civil rights H.R. 1932, to award the Congressional Gold officerÐas a leading educator and humani- for each and every American. Medal to Rev. Theodore Hesburgh, C.S.C. tarian inspiring generations of students and He also joined, in 1971, the Board of Since I introduced this legislation with Rep- citizens, and generously sharing his wisdom in the Overseas Development Council; and resentatives PETER KING, JOHN LEWIS, PETE the struggle for the rights of man. he led fund-raising efforts on that VISCLOSKY, MARK SOUDER, ANNE NORTHUP During the period of unrest on American council in 1979 and 1980 that averted and 85 original cosponsors in the U.S. House campuses, a time when educational leaders H9850 CONGRESSIONAL RECORD — HOUSE October 12, 1999 were at a loss to understand or deal with the thank the leadership of the House and the ence is still there, not just in the inexplicable reactions of students, people like Committee on Banking for their support and bricks and mortar of the enormous li- Father Hesburg stepped forward to explain the efforts to expedite consideration of this bill. brary that is named after him, not just ethical purpose and goals of the campus: Mr. BACHUS. Mr. Speaker, there are the various programs that are named ``Education is essentially a work of the spiritÐ 24 Catholic colleges and universities in after him but as the gentleman from the formation of intelligence, the unending the State of New York and among Indiana (Mr. ROEMER) said, in the spirit search for knowledge. Why then be concerned them is Saint Francis College in of volunteerism that the students at with values? Because wisdom is more than Brooklyn. One of the original cospon- Notre Dame have accepted and have knowledge; man is more than his mind, and sors of this bill is a graduate not only taken from the Hesburgh tradition; the without values man may be intelligent but less of Saint Francis but also of Notre acknowledgment, the realization that than fully human.'' Dame. they have the obligation to go out and As a member of the U.S. Institute of Peace Mr. Speaker, I yield 21⁄2 minutes to work among their fellow men and Board is presently working to find solutions for the gentleman from New York (Mr. women, those who are not as fortunate Middle East tensions as well as those in East- KING). as they are, to use the abilities and tal- ern Europe. He recently participated in a fact- Mr. KING. Mr. Speaker, I thank the ents that were brought to fruition in finding trip to Kosovo with the U.S. Associa- gentleman for yielding, and I want to Notre Dame on behalf of those less for- tion for the U.N. High Commissioner for Refu- commend him for the outstanding tunate than themselves. work he has done in bringing this reso- gees, to view first-hand conditions facing refu- b 1700 gees in the aftermath of last spring's NATO lution to the floor. I also have to pay tremendous grati- bombing campaign and subsequent UN- So to present the Congressional Gold tude and express a great debt to the peacekeeping efforts. He met with senior Medal to Father Hesburgh, it is a great gentleman from Indiana (Mr. ROEMER) members of the UNHCR missions and con- moment for Congress, it is a great mo- for the absolutely tireless job he has ducted briefings with NATO, Red Cross and ment for Notre Dame, it is a great mo- done in procuring the signatures, of other officials in Pristina. They also traveled in ment for Father Hesburgh, it is a great working hard, of making the case of the countryside near Pristina to assess the re- moment for all of us who have had the just being relentless in making sure opportunity to know him, to work with building process. He recently collected his that this resolution went forward and 140th and 141st honorary degrees this year, him, to meet with him, and to realize he certainly has every reason to be that he is getting this recognition the most every bestowed upon one person, proud of himself for the great job he according to the Guinness Book of World which he so much deserves. I urge the has done. adoption of the resolution. Records. The latest came from the State Uni- Most importantly, Mr. Speaker, I am versity of New York and Connecticut College. Ms. WATERS. Mr. Speaker, I have no very proud to stand up and speak on speakers, and I yield back the balance I am personally grateful to Father Hesburg behalf of this resolution honoring Fa- for his friendship and guidance during my of my time. ther Hesburgh. Father Hesburgh is an Mr. BACHUS. Mr. Speaker, I yield years as a student at the University of Notre outstanding educator, an outstanding Dame. My family shares my gratitude. My myself such time as I may consume. religious leader, and an outstanding Mr. Speaker, we have several other grandfather, William Roemer, was a professor American. As the gentleman from Indi- speakers that wish to be heard. I also of philosophy during the early years of Father ana (Mr. ROEMER) and others have want to commend the gentleman from Hesburg's presidency, and my parents, Jim mentioned, he has done a truly mag- Indiana (Mr. ROEMER). and Mary Ann Roemer, also worked during his nificent job during the 35 years that he As I read this statement, I attribute tenure at the University. was president of the University of this to the gentleman from Indiana Mr. Speaker, I once asked Father Hesburg Notre Dame. I had the privilege of (Mr. ROEMER) and his hard work, and for advice about how to raise a happy healthy being a law student during the time that statement is that H.R. 1932 com- family with children. His reply was helpful, in- that he was the President of the uni- plies with all rules of the Committee sightful and advice I continue to follow today: versity and had firsthand knowledge of on Banking for coin and medal bills ``Love their mother.'' I strongly believe Father the tremendous impact he had on the and exceeds the requirement that two- Hesburg's response here was just one of campus, on all the schools, all its ef- thirds of the Members of the House many shining examples illustrating that his forts but most importantly of impart- sponsor the bill. contributions to family values in American so- ing to the students of Notre Dame the Mr. Speaker, I yield 3 minutes to the ciety are as numerous and meaningful as his obligation of the sense that they had to gentleman from California (Mr. HORN), devoted contributions to human rights, edu- make a difference, that they had to put former president of Long Beach State cation, the Catholic Church and the global into practice what they learned, that University, who worked with Father community. religion was not just something that Hesburgh. Mr. Speaker, the Congressional Gold Medal one spoke about in church but some- Mr. HORN. Mr. Speaker, I thank the has been awarded to individuals as diverse as thing that one lived every day of their gentleman from Alabama for the time. George Washington, Bob Hope, Joe Louis, the life in every endeavor in which one was I thank the gentleman from Indiana Wright Brothers, Robert Frost, and Mother Te- engaged. (Mr. ROEMER) for his legislation to resa. These people, along with 250 individuals Father Hesburgh did that. He did award a Congressional Gold Medal to a and the American Red Cross, share the com- that by his commitment to civil rights, very distinguished citizen. mon bond of outstanding and enduring con- by his commitment to justice, by his Father Theodore ‘‘Ted’’ Hesburgh is tributions to benefit mankind. Through the commitment to peace, and by his dedi- one of the great citizens of America award, Congress has expressed gratitude for cation to his country which is why he and the World. distinguishing contributions, dramatized the is such an outstanding American serv- He has served at the call of Presi- virtues of patriotism, and perpetuated the re- ing President after President on so dents of both parties. membrance of great events. This tradition, or many issues, always making himself He was an original member of the authorizing individually struck gold medals available to make this a better country United States Commission on Civil bearing the patriots of those so honored or im- and to make this a better world. Rights, appointed by President Eisen- ages of events in which they participated, is Certainly, as a religious leader, he re- hower in 1957. He served on that non- rich with history. alized the importance of using religion partisan commission through the presi- I believe that this is the most appropriate to bring people together, not to divide dency of John F. Kennedy and Lyndon time for Congress and the entire Nation to join them, of exemplifying the very best of Baines Johnson and the first term of me in recognizing this remarkable man and Christianity, of Catholicism, indeed of the presidency of President Richard M. living legend of freedom in America. I strongly all religions, in showing the one God Nixon. encourage my colleagues to support this bi- that binds us all, that brings us all to- Nixon had urged the then President partisan legislation and urge the House of gether. That was Father Hesburgh, a of Notre Dame to accept the director- Representatives to pass this important meas- man who even to this day is a re- ship of the Office of Economic Oppor- ure. I would like to thank my colleagues who nowned leader. tunity, the anti-poverty program. have given their support and worked so hard I was at the Notre Dame campus this When Father Hesburgh rejected the to move this legislation forward. Additionally, I weekend and even to this day his pres- full-time offer because he wished to October 12, 1999 CONGRESSIONAL RECORD — HOUSE H9851 stay at his beloved Notre Dame, Presi- The gentleman from Indiana (Mr. lege, Alverno College, Ancilla College, Anna dent Nixon then offered him the chair- ROEMER), the sponsor of this bill, I told Maria College, Aquinas College, Aquinas Col- manship of the Civil Rights Commis- him that I once heard a debate between lege, Inc., Assumption College, Assumption sion which was part-time. two of my friends as to which was the College for Sisters, Avila College, Barat Col- lege, Barry University, Bellarmine College, At that time, 1969, the President also premier Catholic university, and it was Belmont Abbey College, Benedictine College, appointed me to the Commission as the between Holy Cross and Georgetown. I Benedictine University, Boston College, vice chairman. I had an opportunity to asked them which one of those univer- Brescia University, Briar Cliff College, see Father Ted’s leadership skills close sities was the premier Catholic univer- Cabrini College, Caldwell College. at hand. Believe me, his leadership sity. He told me both of them were Calumet College of Saint Joseph, Canisius skills are many and effective. wrong, that it was Notre Dame. Of College, Cardinal Stritch University, Carlow Father Ted is beloved by all who course, the gentleman is from Indiana. College, Carroll College, Castle College, have known him. He spoke out for Among these colleges and univer- Chaminade University of Honolulu, Chatfield sities is Spring Hill College in Mobile, College, Chestnut Hill College, Christendom human rights and against dictator- College, Christian Brothers University, ships. He has secured the safety for in- Alabama. Spring Hill College was the Clarke College, College Misericordia, College dividuals who had fought for human oldest Catholic college in the South- of Mount Saint Joseph, College of Mount rights in different parts of the world. east, the fifth oldest in the United Saint Vincent, College of New Rochelle, Col- Working together with our other four States. Among the original cosponsors lege of Notre Dame, College of Notre Dame colleagues on the Commission, we were of this bill today is the gentleman from of Maryland, College of Our Lady of the able to begin a systematic analysis of Georgia (Mr. LEWIS). Spring Hill was Elms, College of Saint Benedict, College of the degree to which cabinet depart- praised by Martin Luther King, Jr., as Saint Elizabeth, College of Saint Francis, ments and independent agencies were one of the first colleges in the South to College of Saint Mary, College of Saint Rose, obeying and implementing the great integrate racially. As an Alabaman, I College of Saint Thomas More, The College of Santa Fe, College of St. Catherine. laws—such as the Civil Rights Act of am proud of that distinction. College of St. Joseph, College of St. 1964, and the Voting Rights Act of 1965. Mr. Speaker, let me mention some of Scholastica, College of the Holy Cross, Father Hesburgh’s inspirational lead- the universities and colleges through- Creighton University, D’Youville College, ership and steady optimism were ap- out the Nation which contribute so DePaul University, Divine Word College, Do- preciated by us all. We got things done. mightily to the life of this Nation and minican College of Blauvelt, Dominican Col- Presidents listened. to the world. I mentioned Georgetown lege of San Rafael, Dominican University, Father Hesburgh has served his Na- and Holy Cross; Fordham University in Donnelly College, Duquesne University, tion well, not only on matters of civil New York; St. Louis University; Bos- Edgewood College, Emmanuel College, Fair- rights here and abroad, and unemploy- ton College; Catholic University here field University, Felician College, Fontbonne ment, poverty, hunger and agriculture in Washington; University of Detroit; College, Fordham University, Franciscan the three Loyolas in New Orleans, Los University of Steubenville, Gannon Univer- for developing nations so they can feed sity, Georgetown University, Georgian Court their people. Angeles, and Chicago; DePaul Univer- College, Gonzaga University, Gwynedd- Although duties to American higher sity in Chicago; Marquette University, Mercy College, Heritage College, Hilbert Col- education off the campus, his door was Creighton University in Omaha; the lege. always open to students when he was University of Santa Clara; Villanova, Holy Cross College, Holy Family College, at Notre Dame. When the light was on, of Saint John’s University in New Holy Name College, Immaculata College, students knew he was in and climbed York. Iona College, John Carroll University, King’s up the ladder or the stairs to his quar- A college that one of my friends went College, La Roche College, La Salle Univer- sity, Laboure College, Le Moyne College, ters for a 1 a.m. or 2 a.m. discussion on to, and I saw it listed, I take sort of personal privilege in saying Manhattan Lewis University, Loras College, Lourdes philosophy, ethics, and all the other College, Loyola College in Maryland, Loyola things that he cared about in higher College, a college that gave many Marymount University, Loyola University education. youth on limited income a chance to New Orleans, Loyola University of Chicago, Of course, with great affection, the get ahead with the scholarship. Madonna University, Manhattan College, students kidded about Father Ted’s ab- Many fine women colleges, Catholic Manor Junior College, Maria College, Marian sence. They would ask ‘‘What is the colleges for women: St. Mary’s College, College, Marian College of Fond du Lac, Mar- difference between God and Father Notre Dame’s sister institution; Trin- ian Court College, Marist College, Marquette ity College here in Washington, D.C.; University. Ted?’’ Answer: ‘‘God is everywhere. Fa- Marygrove College, Marylhurst University, ther Ted is everywhere but at Notre and a college that a good friend of mine attended, that being Manhattan in New Marymount College, Marymount Manhattan Dame.’’ College, Marymount University, Marywood Sometimes he would write the stu- York. There are many, many others, but I University, Mater Dei College, Mercy College dent body from ‘‘high over the Andes.’’ of Northwest Ohio, Mercyhurst College, But the fact was they knew that he was will simply introduce into the RECORD Merrimack College, Molloy College, Mount all 230. always approachable, both to students Aloysius College, Mount Carmel College of Mr. ROEMER. Mr. Speaker, will the and alumni. Nursing, Mount Marty College, Mount Mary gentleman yield? College, Mount Mercy College, Mount Saint His goal was to serve as a parish Mr. BACHUS. I yield to the gen- priest. He had that role to help the vet- Clare College, Mount Saint Mary College, tleman from Indiana. Mount Saint Mary’s College, Nazareth Col- erans from the Second World War who Mr. ROEMER. Mr. Speaker, I will not lege of Rochester, Neumann College, New- returned or began at Notre Dame. Al- object to the gentleman from Alabama man University, Niagara University, Notre though he achieved many other accom- entering into the RECORD all 230 uni- Dame College, Notre Dame College of Ohio. plishments working with Presidents, versities as long as Notre Dame is the Ohio Dominican College, Our Lady of Holy Prime Ministers, potentates, kings, first university entered in. Is that all Cross College, Our Lady of the Lake College, Our Lady of the Lake University, Pontifical queens, dictators, he always remem- right? bered that all human begings should Catholic University of Puerto Rico, Presen- Mr. BACHUS. Mr. Speaker, he had tation College, Providence College, Queen of have human rights. told me that. The gentleman from New the Holy Rosary College, Quincy University, America and the World gained much York (Mr. KING) has requested that Regis College, Regis University, Rivier Col- from the dedication and the devotion of Notre Dame also be first on the list lege, Rockhurst College, Rosemont College, the man who saw his role as the local with St. Francis College in Brooklyn to Sacred Heart University, Saint Anselm Col- parish priest. be added second. So I will consent to lege, Saint Gregory’s University, Saint Mr. BACHUS. Mr. Speaker, I yield to that request. John’s University, Saint John’s University, myself such time as I may consume. So I offer the list referred to into the Saint Joseph College, Saint Joseph’s College, Mr. Speaker, I will enter into the RECORD, moving Notre Dame to the Saint Joseph’s University, Saint Leo Col- RECORD a rollcall of the 230 Catholic in- front of the list. lege, Saint Louis University, Saint Mary stitutions of higher education in our College. [From the association of Catholic Colleges Saint Mary’s College, Saint Mary’s College country. Among these colleges is and Universities, Washington, DC] of CA, Saint Mary’s University of Minnesota, Georgetown University, our oldest U.S. CATHOLIC COLLEGES AND UNIVERSITIES Saint Mary-of-the-Woods College, Saint Mi- Catholic university, which celebrated Albertus Magnus College, Allentown Col- chael’s College, Saint Norbert College, Saint its 250th birthday. lege of Saint Francis de Sales, Alvernia Col- Peter’s College, Saint Vincent College, Saint H9852 CONGRESSIONAL RECORD — HOUSE October 12, 1999

Xavier University, Salve Regina University, ana (Mr. ROEMER), the initial sponsor I would just close by again thanking Santa Clara University, Seattle University, of this measure, and for introducing the gentleman from Indiana (Mr. ROE- Seton Hall University, Seton Hill College, this legislation and for affording me MER); his companion, the gentleman Siena College, Siena Heights University, Sil- this opportunity to speak today. ver Lake College, Spalding University, from Indiana (Mr. VISCLOSKY) in the In- Spring Hill College, Springfield College, St. I want to commend the gentlewoman diana Congressional delegation; the Ambrose University, St. Bonaventure Uni- from California (Ms. WATERS) for her gentleman from New York (Mr. KING); versity, St. Catharine College, St. Edward’s support on this measure honoring Fa- the gentleman from Indiana (Mr. University, St. Elizabeth College of Nursing, ther Hesburgh. SOUDER); the gentleman from Georgia St. Francis College. As a priest, the university president, (Mr. LEWIS); and also the gentlewoman St. Francis College, St. John Fisher Col- and a public servant, Father Theodore from Kentucky (Mrs. NORTHUP). lege, St. Martin’s College, St. Mary’s Univer- Hesburgh dedicated his life to pro- sity, St. Thomas Aquinas College, St. Thom- Mr. SOUDER. Mr. Speaker, I rise in strong viding a better life for all of us and for support of legislation to award a Congres- as University, St. Vincent’s College, the development of an improved soci- Stonehill College, The Catholic University of sional Gold Medal to Reverend Theodore America, ety. Throughout his lifetime, Father Hesburgh in recognition of his outstanding and Thomas Aquinas College, Thomas More Hesburgh has served on 15 presidential enduring contributions to civil rights, higher College, Trinity College, Trinity College of commissions, most recently to the U.S. education, the Catholic Church, and the na- Vermont, Trocaire College, Universidad Cen- Civil Rights Commission, peaceful uses tion. I want to thank my colleague from Indi- tral De Bayamon, University of Dallas, Uni- of atomic energy, campus unrest, ana, TIM ROEMER, for his initiative in intro- versity of Dayton, University of Detroit treatment of Vietnam offenders, Third Mercy, University of Great Falls, University ducing this bill. It has been a pleasure to co- World development, and immigration sponsor this legislation. of Mary, University of Notre Dame, Univer- reform, to name just a few. sity of Portland, University of Saint Francis, Father Hesburgh is a man known for the University of San Diego, University of San Father Hesburgh has significantly wide scope of his influence. However, for me Francisco, University of Scranton, Univer- contributed to our Nation as a national personally as a graduate of the University of sity of St. Thomas, University of St. Thom- leader in the field of education, serving Notre Dame, Father Hesburgh will remain as, University of the Incarnate Word, Univer- on many commissions and study etched in my mind as a legendary figure in the sity of the Sacred Heart, Ursuline College, groups, examining matters ranging field of higher education. The tenacity and Villa Julie College, Villa Maria College of from public funding of independent col- Buffalo, Villanova University, Viterbo Col- passion that he continues to carry into the leges and universities to the role of for- academic arena are clearly evident. lege, Walsh University, Wheeling Jesuit Uni- eign languages and international stud- versity, Xavier University, Xavier Univer- Serving as Notre Dame's president from sity of Louisiana. ies and higher education. 1952±87, Father Hesburgh led the University Father Hesburgh’s stature as an elder in its rise to national prominence. When he Mr. Speaker, I want to comment on statesman in America’s higher edu- one other thing about Father stepped down as head of Notre DameÐafter cation is reflected in his 135 honorary nearly 35 yearsÐhe ended the longest tenure Hesburgh, something I did not know degrees, the most degrees ever awarded about him until I studied about this among presidents of American colleges and to any one American. universities. His position as a fixture in Amer- coin bill, but something that I think is Throughout my tenure in the Con- very striking to any of us that were on ican higher education is reflected in his 135 gress, it has been a pleasure to work honorary degrees, the most ever awarded to college campuses in 1969. In fact, not with Father Hesburgh to value his dis- only was I attending the University of an American. tinguished leadership on a number of Father Hesburgh's influence as an educator Alabama at that time, but I was also a worthy causes throughout the inter- member of the Army Reserves. So this goes far beyond measurable successes. His national spectrum. Accordingly, I am unique vision of the contemporary Catholic really comes home to me. pleased to join with my colleagues in Father Hesburgh has received numer- university as an institution responsible for commending Father Hesburgh for his touching the moral, as well as the intellectual ous awards from educational groups outstanding efforts and accomplish- and from others. We have heard about dimensions, of scholarly inquiry has benefited ments. I strongly support this recogni- countless university studentsÐmyself in- some of those. Among those was the tion of his achievements for our Nation prestigious John Nickel award given to cluded. ``The Catholic University should be a with a Congressional Medal of Honor. place,'' he wrote, ``where all the great ques- him in 1970 by the American Associa- Mr. BACHUS. Mr. Speaker, may I in- tions are asked, where an exciting conversa- tion of University Professors. This quire as to how much time we have re- tion is continually in progress, where the mind award, which honors those who uphold maining. constantly grows as the values and powers of academic freedom, recognizes Father The SPEAKER pro tempore (Mr. intelligence and wisdom are cherished and ex- Hesburgh’s crucial role in blunting the SHIMKUS). The gentleman from Ala- ercised.'' Father Hesburgh instills in students attempt of the Nixon administration in bama (Mr. BACHUS) has 1 minute re- that they have a moral obligation to make a 1969 to use Federal troops to quell cam- maining. pus disturbances. Mr. BACHUS. Mr. Speaker, I yield positive contribution to society both inside the Now, as someone who was both a uni- myself such time as I may consume. classroom as well as in the larger community. versity student and also a member of Mr. Speaker, when we think of Notre Today over eighty percent of Notre Dame stu- the Army Reserve, I want to commend Dame, many of us think of Knute dents volunteer their time to serve those who Father Hesburgh personally. I know Rockne. They think of the 1913 game are less fortunate. that there are a lot of other Americans when an obscure team from an obscure The public service career of Father that applaud his stand on this who college at that time, at least obscure Hesburgh is as distinguished as his many know, looking back at this time in his- to most Americans, played Army and educational contributions. Over the years, he tory, how great a contribution that upset them 35 to 13. They think of has held 15 presidential appointments, served was. But we know that it obviously Knute Rockne and the fighting Irish. four popes, and he has remained a national could have avoided some tragic times They think of that great coach. But leader in the fields of education, civil rights in our country. that is what we think about on Satur- and the development of the third world. The This is one of many, many contribu- day. lengthy list of awards honoring Father tions that he made. But there is another man we honor Hesburgh includes the Medal of Freedom, our Mr. Speaker, I yield such time as he today, and that is a man that left his nation's highest civilian honor, bestowed on may consume to the gentleman from mark on the institution from Monday him by President Johnson in 1964. Finally, so- New York (Mr. GILMAN), Chairman of through Friday, which built Notre cial justice has been the focus of many of his the Committee on International Rela- Dame into a great academic university. involvements outside of the university. He was tions. His contributions deserve to be dis- a charter member of the U.S. Commission on (Mr. GILMAN asked and was given cussed today. Civil Rights, created by Congress in 1957, and permission to revise and extend his re- chaired the Commission from 1969 to 1972. b marks.) 1715 Mr. Speaker, as an original co-sponsor of Mr. GILMAN. Mr. Speaker, I want to It is for that reason, Mr. Speaker, this bill, I strongly encourage my colleagues to commend the gentleman from Alabama that this Congress fittingly honors this join me in bestowing this high honor upon this (Mr. BACHUS), the gentleman from Indi- man, Father Hesburgh. excellent American. October 12, 1999 CONGRESSIONAL RECORD — HOUSE H9853

Mr. LAFALCE. Mr. Speaker, I rise today in GENERAL LEAVE MERO-BARCELO´ ) each will control 20 support of H.R. 1932, a bill to award a Con- Mr. BACHUS. Mr. Speaker, I ask minutes. gressional gold medal to Father Theodore M. unanimous consent that all Members The Chair recognizes the gentleman Hesburgh, C.S.C., in recognition of his con- may have 5 legislative days within from Pennsylvania (Mr. SHERWOOD). tributions to civil rights, higher education, the which to revise and extend their re- GENERAL LEAVE Catholic Church, the Nation, and the global marks on H.R. 1932. Mr. SHERWOOD. Mr. Speaker, I ask community. Before saying more, I would like The SPEAKER pro tempore. Is there unanimous consent that all Members to commend the bill's author, the gentleman objection to the request of the gen- may have 5 legislative days within from Indiana (Mr. ROEMER), for his leadership tleman from Alabama? which to revise and extend their re- on this bill. There was no objection. marks and to include extraneous mate- Father Hesburgh was the 15th president of rial on H.R. 20. f the University of Notre Dame, holding that po- The SPEAKER pro tempore. Is there sition from 1952 until 1987, and has been UPPER DELAWARE SCENIC AND objection to the request of the gen- president emeritus since 1987. For half a cen- RECREATIONAL RIVER MONGAUP tleman from Pennsylvania? tury, Father Hesburgh has been one of our VISITOR CENTER ACT OF 1999 There was no objection. Nation's greatest public servants and his enor- Mr. SHERWOOD. Mr. Speaker, I yield Mr. SHERWOOD. Mr. Speaker, I mous humanitarian contributions have been myself such time as I may consume. move to suspend the rules and pass the widely recognized. In 1964, President Johnson Mr. Speaker, I rise in support of H.R. bill (H.R. 20) to authorize the Secretary awarded Father Hesburgh the Medal of Free- 20, introduced by my esteemed col- of the Interior to construct and operate dom, our nation's highest civilian honor. league from New York (Mr. GILMAN). He has held fifteen U.S. presidential ap- a visitor center for the Upper Delaware H.R. 20 authorizes the Secretary of pointments in such areas as the peaceful use Scenic and Recreational River on the the Interior to enter into a 99-year of atomic energy, Third World development, land owned by the State of New York. lease for State-owned land within the immigration (having chaired the Select Com- The Clerk read as follows: boundaries of the Upper Delaware Sce- mission on Immigration and Refugee Policy H.R. 20 nic and Recreational River located at from 1979 to 1981), and civil rights (having Be it enacted by the Senate and House of Rep- Mongaup, New York. chaired the U.S. Commission on Civil Rights resentatives of the United States of America in The gentleman from New York (Mr. from 1969 to 1972). In each case, Father Congress assembled, GILMAN) is to be commended for his Hesburgh has served with distinction. SECTION 1. SHORT TITLE. hard work on this needed bill, which It is not surprising, given this record of prin- This Act may be cited as the ‘‘Upper Dela- initiates construction of a visitor cen- cipled, dedicated public service, that the Uni- ware Scenic and Recreational River ter for the Upper Delaware which will Mongaup Visitor Center Act of 1999’’. versity of Notre Dame founded the Hesburgh serve as an information point for area SEC. 2. FINDINGS. Program in Public Service in 1987. The services and attractions, as well as sup- The Congress finds the following: Hesburgh Program seeks to prepare Notre (1) The Secretary of the Interior approved ply basic traveler needs. Dame students for an active life devoted to a management plan for the Upper Delaware Because the act which established the pursuit of effective and just responses to Scenic and Recreational River, as required this recreational river limits the Fed- issues in American society. In short, it encour- by section 704 of Public Law 95–625 (16 U.S.C. eral authority to acquire lands, Con- ages young men and women to emulate Fa- 1274 note), on September 29, 1987. gressional action is needed to authorize ther Hesburgh's years of selfless, devoted (2) The river management plan called for the expenditure of appropriated funds service. the development of a primary visitor contact for the construction and subsequent Moreover, two buildings on the Notre Dame facility located at the southern end of the operation of a visitor center on leased river corridor. land. campus bear the Hesburgh name. In 1987, (3) The river management plan determined the Memorial Library was renamed the that the visitor center would be built and op- H.R. 20 is supported by both the Na- Hesburgh Library in recognition of his active erated by the National Park Service. tional Park Service and the minority. role in the establishment of the library in 1959, (4) The Act that designated the Upper Besides being a necessary addition to the fulfillment of its goals in the years since, Delaware Scenic and Recreational River and an increasingly busy component of the and the personal example he has set for the approved river management plan limits National Park Service, the Mongaup Americans young an old as a lifelong learner. the Secretary of the Interior’s authority to Visitor Center is also important to my The second building honored with his name acquire land within the boundary of the river constituents because the Congressional corridor. district that I represent is bounded on is the Hesburgh Center for International Stud- (5) The State of New York authorized on ies. Home to the Joan B. Kroc Institute for June 21, 1993, a 99-year lease between the the east by the Upper Delaware River. International Peace Studies and the Helen New York State Department of Environ- I again commend the gentleman from Kellogg Institute for International Studies, the mental Conservation and the National Park New York (Mr. GILMAN) for his hard Hesburgh Center reflects Father Hesburgh's Service for the construction and operation of work in getting this bill to the floor, vital contribution and desire to expand our un- a visitor center by the Federal Government and I urge my colleagues to support derstanding of the world around us, improve on State-owned land in the Town of H.R. 20. the resolution of violent conflicts, and promote Deerpark, Orange County, New York, in the Mr. Speaker, I reserve the balance of vicinity of Mongaup, which is the preferred my time. human rights, equitable development, and so- site for the visitor center. cial justice here and abroad. Mr. ROMERO-BARCELO´ . Mr. Speak- SEC. 3. AUTHORIZATION OF VISITOR CENTER er, I yield myself such time as I may It is with the utmost respect and admiration FOR UPPER DELAWARE SCENIC AND for Father Hesburgh and his life's work that I RECREATIONAL RIVER. consume. ´ support today's recognition of his accomplish- For the purpose of constructing and oper- (Mr. ROMERO-BARCELO asked and ments which have benefitted our nation and ating a visitor center for the Upper Delaware was given permission to revise and ex- urge unanimous passage of H.R. 1932. Scenic and Recreational River and subject to tend his remarks.) Mr. BACHUS. Mr. Speaker, I yield the availability of appropriations, the Sec- Mr. ROMERO-BARCELO´ . Mr. Speak- back the balance of my time. retary of the Interior may— er, in 1978, the Congress designated the The SPEAKER pro tempore (Mr. (1) enter into a lease with the State of New Upper Delaware River in New York York, for a term of 99 years, for State-owned State as a Wild and Scenic River. Since SHIMKUS). The question is on the mo- land within the boundaries of the Upper tion offered by the gentleman from Delaware Scenic and Recreational River lo- then, hundreds of thousands of visitors Alabama (Mr. BACHUS) that the House cated at an area known as Mongaup near the from the New York/New Jersey area suspend the rules and pass the bill, confluence of the Mongaup and Upper Dela- and around the world have visited the H.R. 1932. ware Rivers in the State of New York; and river to enjoy the natural beauty and The question was taken; and (two- (2) construct and operate such a visitor recreational opportunities of the area. thirds having voted in favor thereof) center on land leased under paragraph (2). H.R. 20, submitted and sponsored by the rules were suspended and the bill The SPEAKER pro tempore. Pursu- the gentleman from New York (Mr. was passed. ant to the rule, the gentleman from GILMAN), would authorize the construc- A motion to reconsider was laid on Pennsylvania (Mr. SHERWOOD) and the tion and the operation of a visitor cen- the table. gentleman from Puerto Rico (Mr. RO- ter for the Upper Delaware. Currently, H9854 CONGRESSIONAL RECORD — HOUSE October 12, 1999 the area has no such facility and a visi- Mr. Speaker, the visitor center will SECTION 1. SHORT TITLE. tor’s center would enable the National benefit the community in many re- This Act may be cited as the ‘‘Lamprey Park Service to offer visitors impor- spects. It will serve as an educational Wild and Scenic River Extension Act’’. SEC. 2. LAMPREY RECREATIONAL RIVER, NEW tant information and services much asset, a local museum, a classroom, HAMPSHIRE. more effectively. and as a driving force in a promotion of (a) ADDITIONAL SEGMENT.—The paragraph The River Management plan, ap- the natural and historical resources of entitled ‘‘LAMPREY RIVER, NEW HAMPSHIRE’’ proved by the Department of the Inte- the entire region. in section 3(a) of the Wild and Scenic Rivers rior a decade ago, calls for the con- Moreover, with 85 percent of the Act (16 U.S.C. 1274(a)) is amended— struction and the operation by the Na- Upper Delaware Scenic and Rec- (1) by striking ‘‘11.5-mile segment extend- tional Park Service of such a facility; reational River under private owner- ing from the southern Lee town line’’ and in- and the State of New York has agreed ship, the region’s struggles to maintain serting ‘‘23.5-mile segment extending from the Bunker Pond Dam in Epping’’; and to a long-term lease of a State-owned, a balance between private property and (2) by striking ‘‘towns of’’ and inserting 55-acre tract for this purpose. recreation continues. ‘‘towns of Epping,’’. Construction of the facility will Bordered by the Delaware River, the (b) MANAGEMENT.—Section 405 of division I make a visit to this area more enjoy- Mongaup River, and New York State of the Omnibus Parks and Public Lands Man- able and more educational, and we urge Highway Route 97, the visitors center agement Act of 1996 (Public Law 104–333; 110 our colleagues to support H.R. 20. would provide a central location to Stat. 4149; 16 U.S.C. 1274 note) is amended— Mr. Speaker, I yield back the balance promote all the services and natural (1) in subsection (b)(2), by inserting ‘‘Ep- of my time. ping,’’ before ‘‘Durham’’; and beauty that the region has to offer. (2) by striking subsection (c). Mr. SHERWOOD. Mr. Speaker, I yield The only center of its kind within an The SPEAKER pro tempore. Pursu- 4 minutes to the gentleman from New hour’s drive of New York City, the ant to the rule, the gentleman from York (Mr. GILMAN). Mongaup visitor center would open the Pennsylvania (Mr. SHERWOOD) and the (Mr. GILMAN asked and was given Upper Delaware Valley to both the gentleman from Puerto Rico (Mr. RO- permission to revise and extend his re- local and visiting public. MERO-BARCELO´ ) each will control 20 marks.) The National Park Service has been Mr. GILMAN. Mr. Speaker, I thank minutes. overseeing this area for some 20 years The Chair recognizes the gentleman the gentleman from Pennsylvania (Mr. without any base of operations. The from Pennsylvania (Mr. SHERWOOD). SHERWOOD) and the gentleman from State of New York has dedicated fund- GENERAL LEAVE Puerto Rico (Mr. ROMERO-BARCELO´ ) for ing to purchase the land for this Mr. SHERWOOD. Mr. Speaker, I ask bringing this measure to the floor at project, to upgrade river services, and unanimous consent that all Members this time and for their supporting re- to restore the bald eagle population to may have 5 legislative days within marks. the region. which to revise and extend their re- Mr. Speaker, as my colleagues may As a final phase of the river manage- marks and to include extraneous mate- know, in 1978, along with our good ment plan, the citizens of the Upper friend and former colleagues, the gen- rial on H.R. 1615. Delaware Valley have been apparently The SPEAKER pro tempore. Is there tleman from Pennsylvania (Mr. awaiting the commencement of this MCDADE) and the gentleman from New objection to the request of the gen- long overdue project. tleman from Pennsylvania? York (Mr. BINGHAM), I introduced legis- Accordingly, I urge my colleagues to lation establishing the Upper Delaware There was no objection. support this worthy measure. Mr. SHERWOOD. Mr. Speaker, I yield Scenic and Recreational River as a Mr. SHERWOOD. Mr. Speaker, I yield myself such time as I may consume. component of the National Wild and myself such time as I may consume. Mr. Speaker, I rise in support of 1615, Scenic River System. It is one of the Mr. Speaker, the Upper Delaware is a introduced by my colleague the gen- few wild rivers in the Northeast for national treasure. Through the efforts tleman from New Hampshire (Mr. which so many people enjoy recreation. of the gentleman from New York (Mr. SUNUNU). The gentleman is to be con- The property proposed for the loca- GILMAN), there will be thousands of gratulated for his work in protecting a tion of the Upper Delaware Scenic and people each year that will be able to valuable and picturesque river. Recreational River’s primary visitors’ view it and to kayak in it and to enjoy Specifically, H.R. 1615 amends the facility, the Mongaup Visitor Center, is this beautiful scenic river. Wild and Scenic Rivers Act to extend owned by the State of New York’s De- Mr. Speaker, I yield back the balance the Wild and Scenic River designation partment of Environmental Conserva- of my time. to a 12-mile segment of the Lamprey tion. That property was acquired by The SPEAKER pro tempore. The River running through New Hampshire. the State in 1990 as part of a much question is on the motion offered by This new addition would be designated larger purchase of an 11,000-acre tract the gentleman from Pennsylvania (Mr. as a recreational river in accordance intended to provide habitat for a popu- SHERWOOD) that the House suspend the with the Wild and Scenic Rivers Act. lation of wintering bald eagles. rules and pass the bill, H.R. 20. As part of the Omnibus Parks and New York State legislation author- The question was taken; and (two- Public Land Management Act of 1996, izing Federal development of the prop- thirds having voted in favor thereof) an 111⁄2 mile segment of the Lamprey erty as a visitors center by means of a the rules were suspended and the bill River was designated at that time as a long-term lease was adopted in 1993. A was passed. recreational river. The study done for legislative support data package was A motion to reconsider was laid on this segment also found that an addi- prepared in 1994 for Federal legislation the table. tional 12-mile segment upstream war- authorizing development of that site f rants a like designation. Now that and authorizing appropriation of funds there is overwhelming local support, for development and to increase the LAMPREY WILD AND SCENIC RIVER EXTENSION ACT this section of the Lamprey River is Upper Delaware’s operational base to ready for the designation. provide for year-round operation. Mr. SHERWOOD. Mr. Speaker, I This bill is supported by the National The site for the Mongaup Visitor move to suspend the rules and pass the Park Service, and I urge my colleagues Center contains abundant natural and bill (H.R. 1615) to amend the Wild and also to support H.R. 1615. cultural resources, and this proposal Scenic Rivers Act to extend the des- Mr. Speaker, I reserve the balance of will identify and develop strategies to ignation of a portion of the Lamprey my time. protect the Mongaup area’s natural re- River in New Hampshire as a rec- Mr. ROMERO-BARCELO´ . Mr. Speak- sources, including the expanding bald reational river to include an additional er, I yield myself such time as I may eagle population, the half million mi- river segment. consume. grating American shad, 200 species of The Clerk read as follows: (Mr. ROMERO-BARCELO´ asked and birds, upland and flood plain forests, H.R. 1615 was given permission to revise and ex- hemlock and laurel gorges, and a mile Be it enacted by the Senate and House of Rep- tend his remarks.) of river front with natural sand beach- resentatives of the United States of America in Mr. ROMERO-BARCELO´ . Mr. Speak- es. Congress assembled, er, in 1991, the Congress directed the October 12, 1999 CONGRESSIONAL RECORD — HOUSE H9855 National Park Service to study the well as its neighboring marshes and moving this legislation forward. I urge Lamprey River in New Hampshire to forests, providing a diverse and scenic the passage of H.R. 1615. determine what portion of the river landscape. The Lamprey is also host to Mr. ROMERO-BARCELO´ . Mr. Speak- might be eligible for designation as a a large quantity of anadromous fish er, I have no further requests for time, Wild and Scenic River. throughout the Great Bay watershed, and I yield back the balance of my In 1995, the National Park Service which include Atlantic salmon, Amer- time. concluded that a little more than 23 ican shad, herring and sea Lamprey as Mr. SHERWOOD. Mr. Speaker, I have miles met the requirements for such well. no further requests for time, and I designation. However, at the time, Apart from its impressive ecology, yield back the balance of my time. there was local support for designating the Lamprey has long been a popular The SPEAKER pro tempore (Mr. only 111⁄2 miles of the river. As a result, recreational resource for swimming, SHIMKUS). The question is on the mo- in 1996, Congress abided by the wishes fishing, hiking and cross-country ski- tion offered by the gentleman from of the local community and designated ing. The watershed region also houses Pennsylvania (Mr. SHERWOOD) that the only the 11.5-mile segment. several historically significant sites in- House suspend the rules and pass the Just 3 years later, the designation is cluding the Wiswall Dam, which is list- bill, H.R. 1615. so popular in those areas which have it ed on the National Register of Historic The question was taken; and (two- and the programs which grow out of Places. thirds having voted in favor thereof) this Wild and Scenic River designation Realizing the importance of the Lam- the rules were suspended and the bill are so successful that those commu- prey as both a natural and economic was passed. nities where support was once lacking resource, several organizations and A motion to reconsider was laid on have now voted overwhelmingly to local entities have collaborated in ef- the table. have their segment of the river in- forts to ensure its stability and long- f cluded. H.R. 1615 would add the addi- term preservation. For years, the WILDERNESS BATTLEFIELD LAND tional 12-mile segment to the portion towns of Durham, Epping, Lee and ACQUISITION ACT of the Lamprey that is already des- Newmarket have worked with the New ignated a Wild and Scenic River. Hampshire Department of Environ- Mr. SHERWOOD. Mr. Speaker, I Mr. Speaker, there are two very im- mental Services to ensure the safe- move to suspend the rules and pass the portant things to note here. In desig- keeping and quality of the Lamprey bill (H.R. 1665) to allow the National nating the Lamprey, the National Park River. They have been joined by the Park Service to acquire certain land Service and the Congress have been Lamprey River Advisory Committee, for addition to the Wilderness Battle- very careful to listen to the wishes of the Stafford Regional Planning Com- field in Virginia, as previously author- the local communities and to abide by mission and New Hampshire Fish and ized by law, by purchase or exchange as them. In addition, contrary to the Game as well to ensure common-sense, well as by donation, as amended. views offered by critics of this pro- local approaches to conservation. The The Clerk read as follows: gram, when local communities have an coalition’s hard work has led to State H.R. 1665 opportunity to see firsthand the posi- efforts to safeguard the river under the Be it enacted by the Senate and House of Rep- tive effects of the Wild and Scenic Riv- New Hampshire Rivers Management resentatives of the United States of America in ers Program, they cannot wait to be in- and Protection Program, and ulti- Congress assembled, cluded. mately the 1996 Wild and Scenic River SECTION 1. ADDITION TO WILDERNESS BATTLE- Mr. Speaker, this is a bipartisan bill designation of the 11.5 mile portion of FIELD, VIRGINIA. (a) REMOVAL OF CONDITION ON BATTLEFIELD that has bipartisan support, and we the Lamprey in Durham, Lee and ADDITION.—Section 2(a)(2) of Public Law 102– urge our colleagues to support H.R. Newmarket. 541 (16 U.S.C. 425k note; 106 Stat. 3565) is 1615. Most notably, the Lamprey River Ad- amended by striking ‘‘: Provided,’’ and all that Mr. Speaker, I reserve the balance of visory Committee, whose members are follows through ‘‘Interior’’. my time. nominated by each town in the area (b) AUTHORIZED METHODS OF ACQUISITION.— Mr. SHERWOOD. Mr. Speaker, I yield and the New Hampshire Department of (1) LIMITATIONS ON ACQUISITION METHODS.— 5 minutes to the gentleman from New Environmental Services, has made sig- Section 3(a) of Public Law 101–214 (16 U.S.C. 425l(a)) is amended— Hampshire (Mr. SUNUNU). nificant strides in preserving and pro- tecting the integrity of the Lamprey (A) by striking ‘‘The Secretary’’ and inserting Mr. SUNUNU. Mr. Speaker, I thank ‘‘(1) Except as provided in paragraph (2), the the gentleman very much for yielding by implementing this river manage- Secretary’’; and me the time. ment plan. Two years ago, I had the (B) by adding at the end the following new Mr. Speaker, I rise today in support pleasure of meeting with the members paragraph: of H.R. 1615, the Lamprey Wild and of the committee, touring the river’s ‘‘(2) The lands designated ‘P04–04’ on the map Scenic River Extension Act. This legis- many scenic areas and historic sites referred to in section 2(a) numbered 326–40072E/ lation seeks to fulfill the original in- and surveying some of the projects 89/A and dated September 1990 may be acquired tent of the 1996 Omnibus Parks and upon which the organization has fo- only by donation, and the lands designated ‘P04–01’, ‘P04–02’, and ‘P04–03’ on such map Public Lands Management Act by in- cused its efforts. Although the National Park Service may be acquired only by donation, purchase corporating a 12-mile river segment from willing sellers, or exchange.’’. that runs through the Town of Epping, determined in 1995 that Epping’s por- (2) REMOVAL OF RESTRICTION ON ACQUISITION New Hampshire, under the Lamprey tion of the Lamprey met the criteria of OF ADDITION.—Section 2 of Public Law 102–541 River’s existing Wild and Scenic des- eligibility for the Wild and Scenic des- (16 U.S.C. 425k note; 106 Stat. 3565) is amended ignation. H.R. 1615 helps to put the fin- ignation, the town opted to wait until by striking subsection (b). ishing touch on a 29-year effort to pro- the initiative received broad based (c) TECHNICAL CORRECTION.—Section 2(a) of Public Law 101–214 (16 U.S.C. 425k(a)) is amend- tect the Lamprey as a valuable and his- local support through a town meeting and vote. Last March, with the backing ed by striking ‘‘Spotslyvania’’ and inserting toric natural resource. ‘‘Spotsylvania’’. The Lamprey is located in the south- of the Board of Selectmen and the local The SPEAKER pro tempore. Pursu- east region of our State and continues conservation commission, the citizens ant to the rule, the gentleman from to be among New Hampshire’s impor- of Epping voted by a large margin in Pennsylvania (Mr. SHERWOOD) and the tant tributaries. support of the expanded Wild and Sce- nic River designation. At their request, gentleman from Puerto Rico (Mr. RO- b 1730 I have introduced H.R. 1615 to enable MERO-BARCELO´ ) each will control 20 As one of only two rivers to achieve this community of over 5,000 to build minutes. Wild and Scenic status, it spans 60 upon the success of the original Lam- The Chair recognizes the gentleman miles and flows through six commu- prey designation and to ensure the con- from Pennsylvania (Mr. SHERWOOD). nities before emptying into the Sea- tinued integrity of this important his- GENERAL LEAVE coast Great Bay Estuarine Reserve. toric tributary. Mr. SHERWOOD. Mr. Speaker, I ask Over 300 species of plants and 150 spe- Again, I want to thank the members unanimous consent that all Members cies of birds inhabit its river banks as of the committee for their support in may have 5 legislative days within H9856 CONGRESSIONAL RECORD — HOUSE October 12, 1999 which to revise and extend their re- only. Unfortunately, the owners of the attack against the Union left. Using marks on this legislation. property have declined to donate the the unfinished railroad, which borders The SPEAKER pro tempore. Is there lands. the tracts in question on the south, as objection to the request of the gen- H.R. 1665 would authorize the Na- cover, Confederate troops formed un- tleman from Pennsylvania? tional Park Service to acquire the 525 seen opposite the Union left. By 11 There was no objection. acres through purchase or exchange as a.m., all was ready. Mr. SHERWOOD. Mr. Speaker, I yield well as donation. Since adding these Ripping their way through thickets myself such time as I may consume. lands to the park is already authorized, and underbrush, Confederate troops on Mr. Speaker, I rise in support of H.R. H.R. 1665 simply expands the mecha- a front more than a quarter-mile long 1665, introduced by the gentleman from nisms available to the NPS for accom- thundered northward into the flank of Virginia (Mr. BATEMAN). The gen- plishing this goal. the Union line. The Federals offered tleman from Virginia has worked hard Mr. Speaker, this is a bipartisan bill. brief resistance, but then their lines on this bill which will help the Na- It has bipartisan support. We urge our collapsed. The momentum of the Con- tional Park Service protect additional colleagues to support it. federate attack carried gray-clad Civil War battlefield land. H.R. 1665 al- Mr. Speaker, I yield back the balance troops all the way to the Orange Plank lows the Park Service to acquire cer- of my time. Road. There, disaster struck. Confed- tain land for addition to the Wilderness Mr. SHERWOOD. Mr. Speaker, I yield erate General Longstreet was caught in Battlefield in Virginia by purchase or 5 minutes to the gentleman from Vir- a Confederate volley and fell gravely exchange as well as donation. Cur- ginia (Mr. BATEMAN). wounded only a few miles from where, rently, the Park Service can acquire (Mr. BATEMAN asked and was given a year before, Stonewall Jackson was land only by donation, thereby pre- permission to revise and extend his re- mortally wounded by Confederate venting landowners from disposing of marks.) troops. With that devastating blow, the property the Park Service desires to Mr. BATEMAN. Mr. Speaker, I thank Confederate attack lost momentum. the gentleman from Pennsylvania and include in the battlefield boundaries. But the Federal lines had been ru- the gentleman from Puerto Rico for Recently, however, the owners of three ined. Never again would they threaten their support of this measure. I also tracts of land have expressed their de- the Confederates in the Wilderness. want to express my sincere thanks to sire to dispose of property to the Park And indeed later that day, the Confed- the gentleman from Utah (Mr. HAN- Service which is within the boundaries erates would resume the attacks and SEN), who is the chairman of the Sub- of the battlefield. Enactment of H.R. push the Union lines to the edge of dis- committee on National Parks and Pub- 1665 would allow the Park Service to aster. Later that day, woods on these lic Lands, for expeditiously moving acquire this land. lands would take fire, consuming this legislation through his committee Mr. Speaker, an amendment was ac- wounded and dead alike. The fires of and the full Committee on Resources. cepted at the subcommittee consider- the Wilderness would become the sig- ation of this bill which makes it clear I introduced this legislation that we are considering today because I feel nature horror of two of America’s most that disposal of the land by purchase horrific days. will only be from willing sellers. This strongly that the National Park Serv- bill now has wide bipartisan support. I ice should perpetuate the longstanding As Members can see, this stretch of urge my colleagues to support H.R. goal of preserving Civil War battle- land is a key component which will 1665. fields where events occurred that are serve to complete the Wilderness Bat- Mr. Speaker, I reserve the balance of dramatic, tragic and bold. The preser- tlefield, ensuring our heritage for gen- my time. vation of these lands is critical to con- erations to come. The vast majority of Mr. ROMERO-BARCELO´ . Mr. Speak- veying the human struggle and tactical this land is currently owned by devel- er, I yield myself such time as I may components of battle that marked a opers. This spring, the prospective de- consume. watershed change in the nature of com- velopers of this land offered a 3-year (Mr. ROMERO-BARCELO´ asked and bat during the Civil War. This bill, window for the government to acquire was given permission to revise and ex- H.R. 1665, as was said, would permit the the tracts. After 3 years, they intend to tend his remarks.) Park Service to buy several tracts of move forward with development. Rec- Mr. ROMERO-BARCELO´ . Mr. Speak- land in the Fredericksburg and Spot- ognizing the need to preserve this land, er, I ask my colleagues to support H.R. sylvania National Military Park that legislation was passed in the 102nd Con- 1665, and I commend the gentleman embody these themes. gress to allow the Park Service to ac- from Virginia (Mr. BATEMAN) for his Before I outline the substance of H.R. quire the land by donation. Since the initiative. 1665, let me touch on the historical sig- early 1990s, this tract has been the ob- Mr. Speaker, on May 5 and May 6, nificance of the land that will be pro- ject of intense efforts by nonprofit or- 1864, Union troops, under their newly tected. These three tracts, totaling 532 ganizations, all of which have failed to promoted overall commander, Ulysses acres, comprise the area covered by preserve the tract. S. Grant, fought a costly battle against Confederate General Longstreet’s flank I introduced H.R. 1665 because we are Confederate troops, under Robert E. attack and other events associated running out of time to save this battle- Lee, in an area of northern Virginia with the Battle of the Wilderness. This field from being lost forever. H.R. 1665 called the Wilderness. Despite a bloody ground bore witness to one of the most would permit the Park Service to buy flank attack by troops under General decisive attacks launched by the Con- the land which is already within the Longstreet, the Union soldiers held out federates during the war in Virginia. It authorized boundary of the park. The and eventually won the battle of the also marked the beginning of the end of Park Service, which supports H.R. 1665, Wilderness. the Confederate war effort. has worked cooperatively with the The Fredericksburg and Spotsylvania On the morning of May 6, 1864, mas- owners of the land and the Spotsyl- County Battlefield Memorial National sive Union attacks pummeled Confed- vania County Board of Supervisors to Military Park was established in 1927 erate lines in this area to the point of protect the land for several years. Once to preserve the area and to commemo- collapse. Only the timely arrival of the Park Service has been given legal rate the battle which took place there. General James Longstreet’s First authorization to acquire the land, they The park includes a national cemetery Corps of Lee’s Army of Northern Vir- will enter into negotiations with the and portions of four Civil War battle- ginia prevented total disaster. As developers and other landowners to de- fields, but approximately 525 acres of Longstreet’s troops arrived at the termine the price to be paid to buy the the Wilderness Battlefield, including Widow Tapp Farm, west of the tracts land. The language in this part of the the site of Longstreet’s attack, are not in question here, the general threw bill prescribes that acquisition of these included in the park. Congress ex- them into the fight piecemeal, stop- tracts of land will be from willing sell- panded the park’s boundaries to in- ping the Union assaults, and even push- ers only. clude the Wilderness Battlefield in 1992 ing the Federals back several hundred Mr. Speaker, I appreciate being given but authorized the National Park Serv- yards. At midmorning, Longstreet con- the opportunity to discuss my efforts ice to acquire the land by donation ceived the idea of a surprise counter- to save this historically significant October 12, 1999 CONGRESSIONAL RECORD — HOUSE H9857 battlefield. Alternatives to Federal ac- Michigan (Mr. STUPAK). H.R. 748 is a Mr. ROMERO-BARCELO´ . Mr. Speak- quisition have been exhausted. Con- simple yet necessary bill that amends er, I yield such time as he may con- gress and the National Park Service the Keweenaw National Historical sume to the gentleman from Michigan must act to acquire the Longstreet Park Act to require the Secretary of (Mr. STUPAK). Flank Attack site. I urge my col- the Interior to consider nominees of Mr. STUPAK. Mr. Speaker, I wish to leagues to vote for H.R. 1665. various local interests in appointing thank the gentleman for yielding this Mr. SHERWOOD. Mr. Speaker, I members of the Keweenaw National time to me. would like to commend the gentleman Historical Park Advisory Commission. Mr. Speaker, the bill before us today, H.R. 748, is a noncontroversial measure from Virginia for his hard work to pre- b 1745 serve this historic site. I am slightly that will simply make a technical cor- surprised that he did not refer to our The existing statute establishing the rection to the act that established the great Civil War as the ‘‘War of North- Keweenaw National Historical Park Keweenaw National Historic Park. Al- ern Aggression.’’ Advisory Commission states that mem- though this measure might be consid- Mr. Speaker, I have no further re- bers shall be appointed from nominees ered insignificant when compared with quests for time, and I yield back the submitted by various local government many of the other pieces of legislation balance of my time. entities. Apparently this has raised considered in this body, H.R. 748 is very The SPEAKER pro tempore. The constitutional concerns as the statute important to the people, the culture, question is on the motion offered by directs the Secretary of the Interior to and the history of Michigan’s upper pe- the gentleman from Pennsylvania (Mr. appoint to the commission persons ninsula and especially to the nominated by State and local officials. SHERWOOD) that the House suspend the Keweenaw peninsula. H.R. 748 would fa- rules and pass the bill, H.R. 1665, as The Department of Justice has stated cilitate the appointment of the that this procedure does not satisfy the amended. Keweenaw National Historic Park Ad- The question was taken; and (two- requirements imposed by the appoint- visory Commission for this park lo- thirds having voted in favor thereof) ments clause for Federal officers. H.R. cated in my district. This correction the rules were suspended and the bill, 748 addresses these constitutional con- will help the commission assume a cerns by striking from nominees each as amended, was passed. greater role in the development of the A motion to reconsider was laid on place it appears and inserting after park. the table. consideration of nominees. The Keweenaw peninsula at one time, This bill has the support of the ad- f Mr. Speaker, was a flourishing eco- ministration and minority, and I urge nomic region in the center for copper KEWEENAW NATIONAL HISTOR- my colleagues also to support H.R. 748. mining. This remarkable copper min- ´ ICAL PARKS ADVISORY COMMIS- Mr. ROMERO-BARCELO. Mr. Speak- ing history is matched by the extensive SION ACT er, I yield myself such time as I may commercial fishing and maritime his- consume. Mr. SHERWOOD. Mr. Speaker, I ´ tory of the massive Lake Superior (Mr. ROMERO-BARCELO asked and which surrounds the peninsula. The move to suspend the rules and pass the was given permission to revise and ex- bill (H.R. 748) to amend the Act that splendor and the people of the tend his remarks.) Keweenaw peninsula rival many, if not established the Keweenaw National Mr. ROMERO-BARCELO´ . Mr. Speak- Historical Park to require the Sec- most, of the national parks and monu- er, I rise in support of H.R. 748 sub- ments throughout our Nation. retary of the Interior to consider nomi- mitted by the gentleman from Michi- nees of various local interests in ap- I wish to thank the chairman of the gan (Mr. STUPAK). The Keweenaw Na- Committee on Resources, the gen- pointing members of the Keweenaw Na- tional Historical Park is located on the tional Historical Parks Advisory Com- tleman from Alaska (Mr. YOUNG), the Keweenaw peninsula of Lake Superior gentleman from Pennsylvania (Mr. mission, as amended. in northeastern Michigan. The park The Clerk read as follows: SHERWOOD) and the ranking Demo- was established in 1992 to preserve the cratic member, the gentleman from H.R. 748 area’s rich copper mining history as California (Mr. MILLER) for expediting Be it enacted by the Senate and House of Rep- well as the oldest and largest lava flow the consideration of this legislation. I resentatives of the United States of America in on earth. The first time I ever knew Congress assembled, also want to thank the chairman of the that there was any volcano in America. Subcommittee on National Parks, the SECTION 1. APPOINTMENTS TO KEWEENAW NA- The original legislation authorizing TIONAL HISTORICAL PARK ADVI- gentleman from Utah (Mr. HANSEN) and SORY COMMISSION. the park specified that the Secretary of the ranking subcommittee Democrat, Section 9(c)(1) of the Act entitled ‘‘An Act to the Interior was to appoint members of the gentleman from Puerto Rico (Mr. the park’s advisory commission from establish the Keweenaw National Historical ROMERO-BARCELO´ ) the resident com- Park, and for other purposes’’ (Public Law 102– among individuals nominated by State missioner for Puerto Rico for their as- 543; 16 U.S.C. 410yy–8(c)(1)) is amended by strik- and local officials only. The Depart- sistance. ing ‘‘from nominees’’ each place it appears and ment of Justice found that such a re- inserting ‘‘after consideration of nominees’’. Mr. Speaker, H.R. 748 is very impor- striction on the Secretary’s authority tant to the future of the Keweenaw pe- The SPEAKER pro tempore. Pursu- conflicted with the appointments ninsula and the preservation of its rich ant to the rule, the gentleman from clause of the Constitution. As a result, and extensive history, and I wish to Pennsylvania (Mr. SHERWOOD) and the the commission has never been assem- thank my colleagues for their support gentleman from Puerto Rico (Mr. RO- bled, and H.R. 748 would amend the au- ´ of this measure. MERO-BARCELO) each will control 20 thorizing statute to alter the terms Mr. ROMERO-BARCELO´ . Mr. Speak- minutes. under which the Secretary may nomi- er, I have no further requests for time, The Chair recognizes the gentleman nate advisory committee members. and I yield back the balance of my from Pennsylvania (Mr. SHERWOOD). The legislation makes clear that while time. GENERAL LEAVE the Secretary must consider State and Mr. SHERWOOD. Mr. Speaker, I yield Mr. SHERWOOD. Mr. Speaker, I ask local nominees, he may appoint com- back the balance of my time. unanimous consent that all Members mission members at will. Such a The SPEAKER pro tempore (Mr. may have 5 legislative days within change would allow the commission to SHIMKUS). The question is on the mo- which to revise and extend their re- begin fulfilling its important role as a tion offered by the gentleman from marks on this legislation. means of local input and coordination Pennsylvania (Mr. SHERWOOD) that the The SPEAKER pro tempore. Is there for this important park. This has bi- House suspend the rules and pass the objection to the request of the gen- partisan support, Mr. Speaker, and we bill, H.R. 748, as amended. tleman from Pennsylvania? urge our colleagues to support H.R. 748 The question was taken; and (two- There was no objection. Mr. Speaker, I reserve the balance of thirds having voted in favor thereof) Mr. SHERWOOD. Mr. Speaker, I yield my time. the rules were suspended and the bill, myself such time as I may consume. Mr. SHERWOOD. Mr. Speaker, I have as amended, was passed. Mr. Speaker, I rise in support of H.R. no more requests for time, and I re- The title of the bill was amended so 748, introduced by the gentleman from serve the balance of my time. as to read: ‘‘A bill to amend the Act H9858 CONGRESSIONAL RECORD — HOUSE October 12, 1999 that established the Keweenaw Na- gency services when motor vehicle crashes tection from liability that any local ex- tional Historical Park to require the occur; and change company, and its officers, directors, Secretary of the Interior to consider (6) the construction and operation of seam- employees, vendors, or agents, have under Federal and State law (whether through nominees of various local interests in less, ubiquitous, and reliable wireless tele- communications systems promote public statute, judicial decision, tariffs filed by appointing members of the Keweenaw safety and provide immediate and critical such local exchange company, or otherwise) National Historical Park Advisory communications links among members of applicable in such State, including in con- Commission.’’. the public; emergency medical service pro- nection with an act or omission involving A motion to reconsider was laid on viders and emergency dispatch providers; the release to a PSAP, emergency medical the table. public safety, fire service and law enforce- service provider or emergency dispatch pro- vider, public safety, fire service or law en- f ment officials; transportation officials, and hospital emergency and trauma care facili- forcement official, or hospital emergency or WIRELESS COMMUNICATIONS AND ties. trauma care facility of subscriber informa- tion related to emergency calls or emer- PUBLIC SAFETY ACT OF 1999 (b) PURPOSE.—The purpose of this Act is to encourage and facilitate the prompt deploy- gency services. (b) USER PARITY.—A person using wireless Mr. TAUZIN. Mr. Speaker, I move to ment throughout the United States of a 9–1–1 service shall have immunity or other suspend the rules and pass the Senate seamless, ubiquitous, and reliable end-to-end protection from liability of a scope and ex- bill (S. 800) to promote and enhance infrastructure for communications, includ- tent that is not less than the scope and ex- ing wireless communications, to meet the public safety through use of 9–1–1 as tent of immunity or other protection from the universal emergency assistance Nation’s public safety and other communica- liability under applicable law in similar cir- number, further deployment of wireless tions needs. cumstances of a person using 9–1–1 service 9–1–1 service, support of States in up- SEC. 3. UNIVERSAL EMERGENCY TELEPHONE that is not wireless. grading 9–1–1 capabilities and related NUMBER. (c) PSAP PARITY.—In matters related to functions, encouragement of construc- (a) ESTABLISHMENT OF UNIVERSAL EMER- wireless 9–1–1 communications, a PSAP, and GENCY TELEPHONE NUMBER.—Section 251(e) of its employees, vendors, agents, and author- tion and operation of seamless, ubiq- the Communications Act of 1934 (47 U.S.C. izing government entity (if any) shall have uitous, and reliable networks for per- 251(e)) is amended by adding at the end the immunity or other protection from liability sonal wireless services, and for other following new paragraph: of a scope and extent that is not less than purposes. ‘‘(3) UNIVERSAL EMERGENCY TELEPHONE the scope and extent of immunity or other The Clerk read as follows: NUMBER.—The Commission and any agency protection from liability under applicable S. 800 or entity to which the Commission has dele- law accorded to such PSAP, employees, ven- gated authority under this subsection shall dors, agents, and authorizing government en- Be it enacted by the Senate and House of Rep- designate 9–1–1 as the universal emergency tity, respectively, in matters related to just resentatives of the United States of America in telephone number within the United States 9–1–1 communications that are not wireless. Congress assembled, for reporting an emergency to appropriate (d) BASIS FOR ENACTMENT.—This section is SECTION 1. SHORT TITLE. authorities and requesting assistance. The enacted as an exercise of the enforcement This Act may be cited as the ‘‘Wireless designation shall apply to both wireline and power of the Congress under section 5 of the Communications and Public Safety Act of wireless telephone service. In making the Fourteenth Amendment to the Constitution 1999’’. designation, the Commission (and any such and the power of the Congress to regulate SEC. 2. FINDINGS AND PURPOSE. agency or entity) shall provide appropriate commerce with foreign nations, among the several States, and with Indian tribes. (a) FINDINGS.—The Congress finds that— transition periods for areas in which 9–1–1 is (1) the establishment and maintenance of not in use as an emergency telephone num- SEC. 5. AUTHORITY TO PROVIDE CUSTOMER IN- ber on the date of enactment of the Wireless FORMATION. an end-to-end communications infrastruc- Section 222 of the Communications Act of Communications and Public Safety Act of ture among members of the public, emer- 1934 (47 U.S.C. 222) is amended— 1999.’’. gency safety, fire service and law enforce- (1) in subsection (d)— (b) SUPPORT.—The Federal Communica- ment officials, emergency dispatch pro- (A) by striking ‘‘or’’ at the end of para- tions Commission shall encourage and sup- viders, transportation officials, and hospital graph (2); port efforts by States to deploy comprehen- emergency and trauma care facilities will re- (B) by striking the period at the end of sive end-to-end emergency communications duce response times for the delivery of emer- paragraph (3) and inserting a semicolon and gency care, assist in delivering appropriate infrastructure and programs, based on co- ‘‘and’’; and care, and thereby prevent fatalities, substan- ordinated statewide plans, including seam- (C) by adding at the end the following: tially reduce the severity and extent of inju- less, ubiquitous, reliable wireless tele- ‘‘(4) to provide call location information ries, reduce time lost from work, and save communications networks and enhanced concerning the user of a commercial mobile thousands of lives and billions of dollars in wireless 9–1–1 service. In encouraging and service (as such term is defined in section health care costs; supporting that deployment, the Commission 332(d))— (2) the rapid, efficient deployment of emer- shall consult and cooperate with State and ‘‘(A) to a public safety answering point, gency telecommunications service requires local officials responsible for emergency emergency medical service provider or emer- statewide coordination of the efforts of local services and public safety, the telecommuni- gency dispatch provider, public safety, fire public safety, fire service and law enforce- cations industry (specifically including the service, or law enforcement official, or hos- ment officials, emergency dispatch pro- cellular and other wireless telecommuni- pital emergency or trauma care facility, in viders, and transportation officials; the es- cations service providers), the motor vehicle order to respond to the user’s call for emer- tablishment of sources of adequate funding manufacturing industry, emergency medical gency services; for carrier and public safety, fire service and service providers and emergency dispatch ‘‘(B) to inform the user’s legal guardian or law enforcement agency technology develop- providers, transportation officials, special members of the user’s immediate family of ment and deployment; the coordination and just 9–1–1 districts, public safety, fire service the user’s location in an emergency situa- integration of emergency communications and law enforcement officials, consumer tion that involves the risk of death or seri- with traffic control and management sys- groups, and hospital emergency and trauma ous physical harm; or tems and the designation of 9–1–1 as the care personnel (including emergency physi- ‘‘(C) to providers of information or data- number to call in emergencies throughout cians, trauma surgeons, and nurses). The base management services solely for pur- the Nation; Commission shall encourage each State to poses of assisting in the delivery of emer- (3) emerging technologies can be a critical develop and implement coordinated state- gency services in response to an emer- component of the end-to-end communica- wide deployment plans, through an entity gency.’’. tions infrastructure connecting the public designated by the governor, and to include (2) by redesignating subsection (f) as sub- with emergency medical service providers representatives of the foregoing organiza- section (h) and by inserting the following and emergency dispatch providers, public tions and entities in development and imple- after subsection (e): safety, fire service and law enforcement offi- mentation of such plans. Nothing in this sub- ‘‘(f) AUTHORITY TO USE WIRELESS LOCATION cials, and hospital emergency and trauma section shall be construed to authorize or re- INFORMATION.—For purposes of subsection care facilities, to reduce emergency response quire the Commission to impose obligations (c)(1), without the express prior authoriza- times and provide appropriate care; or costs on any person. tion of the customer, a customer shall not be (4) improved public safety remains an im- SEC. 4. PARITY OF PROTECTION FOR PROVISION considered to have approved the use or dis- portant public health objective of Federal, OR USE OF WIRELESS SERVICE. closure of or access to— State, and local governments and substan- (a) PROVIDER PARITY.—A wireless carrier, ‘‘(1) call location information concerning tially facilitates interstate and foreign com- and its officers, directors, employees, ven- the user of a commercial mobile service (as merce; dors, and agents, shall have immunity or such term is defined in section 332(d)), other (5) emergency care systems, particularly in other protection from liability in a State of than in accordance with subsection (d)(4); or rural areas of the Nation, will improve with a scope and extent that is not less than the ‘‘(2) automatic crash notification informa- the enabling of prompt notification of emer- scope and extent of immunity or other pro- tion to any person other than for use in the October 12, 1999 CONGRESSIONAL RECORD — HOUSE H9859 operation of an automatic crash notification may have 5 legislative days within bike path or a duck blind in Louisiana system. which to revise and extend their re- where someone calls 9–1–1, they ought ‘‘(g) SUBSCRIBER LISTED AND UNLISTED IN- marks on this legislation, S. 800, and to to get help. S. 800 will provide that FORMATION FOR EMERGENCY SERVICES.—Not- withstanding subsections (b), (c), and (d), a insert extraneous material on the bill. help, and that is why I am glad to be telecommunications carrier that provides The SPEAKER pro tempore. Is there here to take final action on it. Passing telephone exchange service shall provide in- objection to the request of the gen- the bill is a recognition as the tele- formation described in subsection (i)(3)(A) tleman from Louisiana? communications industry changes that (including information pertaining to sub- There was no objection. laws must also change to govern their scribers whose information is unlisted or un- Mr. TAUZIN. Mr. Speaker, I yield operations. published) that is in its possession or control myself 5 minutes. Let me provide a little background (including information pertaining to sub- Mr. Speaker, let me first compliment on the bill. scribers of other carriers) on a timely and the gentleman from Massachusetts The bill started 3 years ago as a unbundled basis, under nondiscriminatory (Mr. MARKEY) for his usual excellent much broader effort. Since then, we and reasonable rates, terms, and conditions cooperation and the spirit by which we have listened closely, pared the bill to providers of emergency services, and pro- always bring our bills to the floor on viders of emergency support services, solely back. This year my friend, the gen- for purposes of delivering or assisting in the telecommunication from the Com- tleman from Illinois (Mr. SHIMKUS), re- delivery of emergency services.’’; mittee on Commerce. I want to also introduced the bill; and it passed over- (3) by inserting ‘‘location,’’ after ‘‘destina- thank the gentleman from Virginia whelmingly in the House. The other tion,’’ in subsection (h)(1)(A) (as redesig- (Mr. BLILEY), our chairman, and the body took our product, made a couple nated by paragraph (2)); and other members of the Subcommittee of changes to reflect new information, (4) by adding at the end of subsection (h) on Telecommunications, Trade and and essentially the Senate version is (as redesignated), the following: Consumer Protection for the excellent nearly identical to Mr. SHIMKUS’ bill, ‘‘(4) PUBLIC SAFETY ANSWERING POINT.—The work they have done on this bill. term ‘public safety answering point’ means a and today’s action will send that bill But most importantly, Mr. Speaker, I on to the President. facility that has been designated to receive want to thank my good friend and new emergency calls and route them to emer- It establishes parity between the gency service personnel. father of his third son, Daniel Martin, wireless and wire line communications ‘‘(5) EMERGENCY SERVICES.—The term the gentleman from Illinois (Mr. industries. It provides, in fact, a situa- ‘emergency services’ means 9–1–1 emergency SHIMKUS), for not only sponsoring this tion where wireless phones not only services and emergency notification services. important piece of legislation, but for will be that safety link but will be ‘‘(6) EMERGENCY NOTIFICATION SERVICES.— leading the charge to make it that eventually locatable; that is, when one The term ‘emergency notification services’ which we know it will be soon, the law makes a wireless call, they will be able means services that notify the public of an of the land. Congratulations on the to be found and cars will be able to be- emergency. birth of a new son, and we wish the come smarter, and in fact when acci- ‘‘(7) EMERGENCY SUPPORT SERVICES.—The term ‘emergency support services’ means in- gentleman from Illinois and his wife dents happen not only will they be formation or data base management services the best, and this is a good day for him helped, but the search will be taken used in support of emergency services.’’. as we hopefully pass this legislation on out of the search and rescue. Rescue SEC. 6. DEFINITIONS. to the President of the United States will be available more quickly. As used in this Act: for signature. The Senate replaced a provision in (1) SECRETARY.—The term ‘‘Secretary’’ Mr. Speaker, 1998 was a landmark the bill for straight parity provisions means the Secretary of Transportation. year in the history of this country. In in liability that we considered essen- (2) STATE.—The term ‘‘State’’ means any of 1998, more Americans bought cordless tially okay, and we concur in those the several States, the District of Columbia, phones than wire phones, and for the changes. The protections are necessary or any territory or possession of the United first time in the history of this tech- to help ensure that the wireless tech- States. nology people were wireless. In fact, (3) PUBLIC SAFETY ANSWERING POINT; nology develops and matures to provide PSAP.—The term ‘‘public safety answering some 80 million Americans now carry greater services. It also provides, as I point’’ or ‘‘PSAP’’ means a facility that has wireless telephones or pagers. Studies said, 9–1–1 service to receive the same been designated to receive 9–1–1 calls and show that most of those American sub- protection from liability under State route them to emergency service personnel. scribers of these wireless phones pur- and federal laws as users of wire line 9– (4) WIRELESS CARRIER.—The term ‘‘wireless chase them for safety reasons. 1–1 services. This good samaritan prin- carrier’’ means a provider of commercial mo- People count on those phones to be ciple should apply also on a State by bile services or any other radio communica- their lifeline in emergencies, a parent, State basis. S. 800 again improves wire- tions service that the Federal Communica- for example, driving down an interstate less users’ privacy by limiting the dis- tions Commission requires to provide wire- highway with babies in the back seat less 9–1–1 service. closure of location information to spe- draws comfort from knowing that if (5) ENHANCED WIRELESS 9–1–1 SERVICE.—The cific instances. Locatability, yes; pri- term ‘‘enhanced wireless 9–1–1 service’’ the car is involved in a crash, he or she vacy, still protected. means any enhanced 9–1–1 service so des- can call 9–1–1 for help, and an ambu- This is good, sound public policy. It ignated by the Federal Communications lance will soon be there. An older will enhance security and safety for Commission in the proceeding entitled ‘‘Re- American driving alone on a long trip consumers. vision of the Commission’s Rules to Ensure feels safer knowing that if an accident I want to thank the other body for Compatibility with Enhanced 9–1–1 Emer- occurs or symptoms strike, they can the great work they did on the bill. I gency Calling Systems’’ (CC Docket No. 94– call 9–1–1 and the State police will soon particularly want to thank the mem- 102; RM–8143), or any successor proceeding. be on the way. bers of the Committee on Commerce, (6) WIRELESS 9–1–1 SERVICE.—The term But there is a problem with that ex- ‘‘wireless 9–1–1 service’’ means any 9–1–1 but especially my good friend, the gen- service provided by a wireless carrier, in- pectation. In many parts of the coun- tleman from Illinois (Mr. SHIMKUS) for cluding enhanced wireless 9–1–1 service. try when a frantic parent or a suddenly his excellent work on this piece of leg- (7) EMERGENCY DISPATCH PROVIDERS.—The disabled elder punches 9–1–1 on the islation. This is a good one that all term ‘‘emergency dispatch providers’’ shall wireless phone, nothing happens; and Members should support. include governmental and nongovernmental in many regions, in fact, 9–1–1 is not Mr. Speaker, I reserve the balance of providers of emergency dispatch services. the emergency number. The ambulance my time. The SPEAKER pro tempore. Pursu- and the police do not come, and some- Mr. MARKEY. Mr. Speaker, I yield ant to the rule, the gentleman from one may be facing a terrible life- myself such time as I may consume. Louisiana (Mr. TAUZIN) and the gen- threatening emergency, but they are Mr. Speaker, I would like to begin by tleman from Massachusetts (Mr. MAR- on their own because they do not know commending my good friend, the gen- KEY) each will control 20 minutes. the local number to call. S. 800 will fix tleman from Louisiana (Mr. TAUZIN) The Chair recognizes the gentleman that problem by making 9–1–1 the uni- for his excellent work on this legisla- from Louisiana (Mr. TAUZIN). versal number to call in an emergency tion and to praise the gentleman from GENERAL LEAVE any time anywhere in the country. Illinois (Mr. SHIMKUS) for his work and Mr. TAUZIN. Mr. Speaker, I ask The rule in America ought to be sim- to congratulate him on the addition to unanimous consent that all Members ple. If one is on a highway, a byway, his family. H9860 CONGRESSIONAL RECORD — HOUSE October 12, 1999 It has been a wonderful day, if we can amendment to last year’s wireless 911 Again, I want to compliment the gen- get all of those things done, plus have legislation in the House conference tleman from Louisiana (Mr. TAUZIN), the Red Sox beat Cleveland and head committee to protect personal privacy. the gentleman from Illinois (Mr. on to beat the Yankees and take the This is, again, something that I have SHIMKUS), the gentlewoman from Mis- curse of the Bambino off of our shoul- had an enormous concern about in souri (Ms. DANNER), and the majority ders. It would be excellent, as well, if every aspect of telecommunications. for the way in which they treated us. I we can follow on and beat the Mets and How will these communications tech- think we have a nice, solid compromise get rid of the Bill Buckner curse as nologies impinge upon the privacy of package here for all of the Members to part of this week as well, but it is de- every American? support tonight. veloping as one of the best weeks I I have tried working with the major- Mr. Speaker, I reserve the balance of think that this Congress is going to ity to include a privacy provision in my time. have, at least from this Member’s per- every telecommunications bill that has Mr. TAUZIN. Mr. Speaker, I yield spective. passed through the House over the last myself such time as I may consume to I would also like to compliment the 5 years. This new ever-more sophisti- first take a second to compliment the gentleman from Virginia (Mr. BLILEY) cated location technology permits gentleman from Massachusetts on the and thank both of my colleagues for wireless carriers a greater ability to provision that he so eloquently spoke working closely with the gentleman physically pinpoint the geographic lo- about. His privacy provision is one that from Michigan (Mr. DINGELL) and my- cation of the caller. This is vital tech- he has fought for and we have agreed self and the other Democratic col- nology for locating people who may be upon extensively across the Committee leagues on our side of the aisle; as my in distress or in an accident, in situa- on Commerce philosophies, primarily colleagues know, the gentlewoman tions where emergency personnel must because it not only protects a person’s from Missouri (Ms. DANNER) has been quickly locate victims, treat injuries, privacy in the sense of someone selling very much identified with this legisla- and get them to respond, so that they that information, it also protects us tion right from the beginning. can get to a hospital. Yet, the same from Government knowing where you Mr. Speaker, the bill before us, S. 800, technology that can save lives also are going and what you are doing in is the Senate version of legislation poses privacy issues that must be dealt your life, so it keeps people protected that picks up on an effort that the gen- with simultaneously. from that kind of scrutiny. I think it tleman from Louisiana (Mr. TAUZIN) There is no question that informa- was equally important that this spearheaded last year to enhance the tion-rich location systems that do won- amendment be adopted for that pur- emergency 9–1–1 infrastructure of this ders to help save lives on our Nation’s pose. country for wireless communications. roadways also pose significant risks for Mr. Speaker, I am proud to yield It is the Senate version of House Bill compromising personal privacy. This is such time as he may consume to the 438 which was approved by the House because the technology also avails gentleman from Illinois (Mr. SHIMKUS), overwhelmingly earlier this year. wireless companies of the ability to lo- the author of the legislation in the This is a very timely endeavor given cate and track individual’s movements House and the father of a new son. the explosive growth of wireless com- throughout society, where you go for Mr. SHIMKUS. Mr. Speaker, I would munications in our country. Mr. your lunch break; where you drive on like to thank the chairman for the Speaker, as more and more Americans the weekends; the places you visit dur- kind words to my wife and family. We use wireless phones, wireless services ing the course of a week is your busi- briefly floated the name Billy Tauzin become less and less perceived as an ness. It is your private business, not in- Shimkus, briefly. We settled on Daniel, ancillary, discretionary service. With formation that wireless companies and as my son, David said, it is now over 70 million subscribers and with ought to collect, monitor, disclose, or Daniel in the Shimkus den, so he is some carriers dropping prices as much use without one’s approval. going to be prepared for a well time in as 30 percent in the last year alone, The privacy amendment that I suc- the family. wireless technology is a great success cessfully offered last year and which Mr. Speaker, I thank the gentleman story, and there is no question that was contained in H.R. 438 this year, as from Louisiana (Mr. TAUZIN), and the every day more consumers will increas- introduced, and is identical to the pro- gentleman from Virginia (Mr. BLILEY) ingly be relying on wireless technology visions subsequently adopted in the for their help and support. I also thank for both business and safety. the gentleman from Michigan (Mr. DIN- A natural result of the proliferation Senate is in the bill. It stipulates that GELL) and the gentleman from Massa- of these wireless phones is that many location information will not be used chusetts (Mr. MARKEY) for their help consumers will use them to call for by wireless carriers, except for 911 help and assistance in time of emer- emergency purposes, or with the ap- and support in working on this impor- gency. Indeed many wireless carriers proval of consumers for any other serv- tant issue. I also would like to recog- actively promote their services to con- ices. nize the gentlewoman from Missouri This is an opt-in for consumer pri- ANNER sumers as safety devices, and this re- (Ms. D ) for her constant historic vacy. The company has to get one’s emphasizes the need to make that aspect in this battle from my neigh- permission to use this information. promise a reality for wireless commu- boring State of Missouri, and I am sure They just cannot say well, they did not nications. she is excited about us coming to com- Both the House and Senate version of say we could not use it, so we are going pletion on one portion today. this bill seek to enhance public safety to let everybody in town buy where you I am very happy that the House has by making 9–1–1 the national public go, where you stop, the places you have decided to take up this bill, which is safety designated number. This is im- been. This is opt-in, and that is the the Senate version of my E–911 legisla- portant because in many jurisdictions way it should be. They should have to tion. It is a good bill and one which im- the emergency number wireless con- come to you and say we want to sell proves upon what was passed out of the sumers must call is something other this information to anyone who wants Committee on Commerce. Currently, there are over 68 million than 9–1–1. to buy it as to where you are going. Wherever your cell phone goes becomes wireless phone users in the United b 1800 a monitor of all of your activities. States. Many of these users bought The gentleman from Louisiana has Finally, the bill also extends liability their phone specifically for use in already pointed that out. That is con- protections to wireless carriers for emergency situations. Ironically, a fusing as people cross State bound- emergency calls equivalent to the pro- simple solution to a life-threatening aries, and unless it is changed, could tection accorded to States for wire situation becomes very complicated cost lives. Simply put, establishing 911 phone companies. Liability protection when some areas in the United States as the national emergency number for for wireless service is to be imple- do not use 911 as a cellular number for wireless calls is something that we be- mented on a State-by-State basis, mir- emergencies, and I recounted numerous lieve will save lives. roring the services protections ac- times just going over from my side of Secondly, the Senate bill also in- corded local telephone companies in the St. Louis metropolitan area from cludes a provision that I added as an such jurisdictions. Illinois over to Missouri and the Mason October 12, 1999 CONGRESSIONAL RECORD — HOUSE H9861 Dixon Line of the Mississippi having as the universal cellular assistance want to compliment my dear friend, two different numbers and how critical number, and I hear a cellular ringing in the gentlewoman from Missouri (Ms. that could be at a time of emergency. the background. We can tell how preva- DANNER), for the extraordinary efforts At a time when studies have shown lent they are. she has made to continue to press for- that in an accident it is critical to re- Adoption of this bill will remove one ward for this legislation, having the ex- ceive care within 30 minutes in urban of the greatest obstacles to the effec- perience she has described in mind, and areas and 50 minutes in rural areas, it tive use of cellular telephones in emer- again my good friend, the gentleman is vital that we pass this legislation gency situations. from Illinois (Mr. SHIMKUS), for moving and get our constituents the care they I would like to take this opportunity it forward. need. Specifically, both the House and to share with my colleagues briefly a The one thing we are not doing in the Senate bills designate 911 as the true story that demonstrates the cur- this bill is addressing the question of national emergency number. Impor- rent limits of wireless phone service, a tower siting, and we have taken it out tantly, S. 800 includes provisions from story that might have ended dif- of the bill because it is still a very con- ferently if this law had been in place the House bill that were drafted by the troversial question that has to do with just a short time ago. gentleman from Massachusetts (Mr. local jurisdictions and zoning and what MARKEY) to protect consumer privacy. In 1997 on Thanksgiving Day, several months after I had introduced the leg- have you. But that problem poses a This legislation requires carriers to ob- real problem for many parts of our tain a customer’s express prior author- islation, a couple from Lenexa, Kansas, was driving south on U.S. 71 in south- country. ization before disclosing any location Right here in the Nation’s capital, information other than in an emer- western Missouri. This couple observed a minivan weaving through traffic, Rock Creek Parkway still does not gency situation. Unless this legislation have cellular service. So citizens in is enacted, there will be no protection driving at erratic speed, and crossing both the road’s shoulder and its center this area who are using that parkway, for a customer’s location information. women and men who are jogging in Additionally, this bill provides com- line. Using a cellular phone, the pas- senger tried to reach assistance. How- that park with their children, maybe parable liability protection for wireless subject to some unfortunate attack or and land line carriers with respect to ever, because she was not aware that the cellular emergency number in Mis- some problem with their health cannot nonemergency communications. Again, dial 911; they cannot dial anybody, be- I would like to thank the gentleman souri is *55, she was unable to reach as- sistance quickly because in her neigh- cause there is no cellular service. from Virginia (Mr. BLILEY), our full boring State, her home State of Kan- The gentleman from Massachusetts committee chairman; the gentleman sas, it is *47, and if one is on the Kan- (Mr. MARKEY) and I have been pressing from Louisiana (Mr. TAUZIN), my sub- sas turnpike, it is even different. the park agency for the agreement to committee chairman; and the ranking After attempting several different allow cellular service to come to Rock members of both the full committee numbers, she was finally able to reach Creek Parkway, but unfortunately, and the subcommittee. I urge my col- an operator who connected her to the after giving us promises of meeting leagues to support this important piece local police station. However, by that deadline after deadline after deadline, of legislation. time, it was too late. As the police there is still no agreement to authorize Mr. MARKEY. Mr. Speaker, I yield 4 were beginning to set up their road- minutes to the gentlewoman from Mis- tower siting for cellular service in block, the minivan, driven by an indi- Rock Creek Parkway. If we cannot get souri (Ms. DANNER), who played a crit- vidual, collided with an oncoming vehi- it done right next to the capital, imag- ical role in the passage of this legisla- cle containing a mother and her two- tion. ine how much trouble Americans all year-old child. It resulted in the death over the country are having getting Ms. DANNER. Mr. Speaker, I rise to of all three. express my support for S. 800, the Wire- cellular service established in places This tragic accident might have been where our own Government sometimes less Communications and Public Safe- avoided if the passenger in the Kansas ty Act. stands in the way. vehicle had been able to reach authori- Mr. Speaker, I wish that we had been This bill, which provides cellular ties on the first attempt. able to address that problem in this phone users nationwide with a single It is troubling that this tragic situa- bill. We were not. In order to get the reliable emergency cellular phone tion could occur almost anywhere in bill through these two bodies and on to number, will help to ensure that citi- our Nation. For example, the six States the President’s desk, it is so important zens can summon help, whether they between Kansas City and Washington, to get 911 out there and all the features are a block from home or thousands of D.C. have five different cellular assist- we have just described that we have miles away. ance numbers. In the United States as had to drop that important feature of I have just had some very exciting in- a whole, there are as many as 15 dif- tower siting. But my friend from Mas- formation too with regard to my fam- ferent numbers. Besides making it sachusetts and I will continue this ily, and an upcoming birth that is easier for citizens to report aggressive fight to see to it that one day Rock going to be taking place in the spring, or impaired drivers, this bill will also Creek Parkway has cellular service and so I too am a little excited about chil- enhance an individual’s ability to sum- that other parks and recreational areas dren this evening. mon help whenever needed, for exam- of the country similarly get the right Wireless technology has helped to ple, when a person might be lost, in- to have that sort of safety protection simplify or, in some cases complicate jured, or otherwise disabled in a se- for the citizens who use those parks. our lives; but one important contribu- cluded area. Such action would provide tion of cellular telephones is the abil- people with additional peace of mind. ity to improve public safety. Cellular I urge all of my colleagues to vote in b 1815 phones greatly increase the ability of favor of this important public safety individuals without access perhaps to Mr. MARKEY. Mr. Speaker, will the legislation. It will literally save lives. gentleman yield? wire phones at the time to quickly re- Mr. TAUZIN. Mr. Speaker, could I in- port accidents or other emergencies quire as to how much time is remain- Mr. TAUZIN. I yield to the gen- and to help speed the arrival of assist- ing. tleman from Massachusetts. ance. The SPEAKER pro tempore (Mr. Mr. MARKEY. Mr. Speaker, the gen- In March of 1997, 21⁄2 years ago, I in- UPTON). The gentleman from Louisiana tleman put his finger right on the prob- troduced legislation that would stand- (Mr. TAUZIN) has 11 minutes remaining; lem. I do not think we want people ardize State cellular emergency num- the gentleman from Massachusetts driving around, driving up Rock Creek bers. Earlier this year, I introduced a (Mr. MARKEY) has 81⁄2 minutes remain- without an E–911 signal. That is what similar bill to accomplish the same ing. we have right now. It would be very goal. I am pleased that the bill we will Mr. TAUZIN. Mr. Speaker, I yield helpful if down the line we are able to vote upon and hopefully pass today in- myself such time as I may consume. resolve these tensions that exist be- cludes, among its many other impor- Mr. Speaker, this bill addresses a tween environmental concerns and tant provisions, the designation of 911 great many problems simultaneously. I telecommunications technology, but H9862 CONGRESSIONAL RECORD — HOUSE October 12, 1999 ultimately, we have to harmonize the simply levels the playing field between and role model for the rest of the coun- policies to ensure that Americans are the two carriers. try in deploying and implementing E– able to get the best of both, which Congress has the opportunity today, 911. I applaud all localities that are right now I think they are being de- and I look forward to joining with col- taking this extra step toward imple- nied. leagues on both sides of the aisle, to menting this in our communities. Mr. TAUZIN. I thank the gentleman. open access to emergency services any- The ultimate goal in S. 811 is to de- In this case, Mr. Speaker, the cel- where in this country. Whether it is on ploy an end-to-end seamless wireless lular service provider has agreed to put a gridlocked highway or in the middle safety network that will save lives. the cellular service antennas onto al- of a national park, emergency service There are some obstructions we need ready existing towers at the tennis will never be out of reach. to overcome. I am glad my colleague, center. We would think that would be I thank the gentlewoman from Mis- the gentleman from Massachusetts, fine, and we would have cellular serv- souri (Ms. DANNER), the gentleman was able to get his privacy amendment ice for this park. We still cannot get from Louisiana (Mr. TAUZIN), I thank in there, because there are times that those approved. the jump-shooting gentleman from we want to know where we are at, par- It is an example of a problem that ex- Massachusetts (Mr. MARKEY), and the ticularly in an emergency, but also we ists all over America, and unfortu- gentleman from Illinois (Mr. SHIMKUS). do not want Big Brother looking over nately, we do not cure it in this bill, I look forward to being part of the vote our shoulders, so I am glad that hope- but we are not through in our efforts to in favor of the Wireless Communica- fully was addressed. get service for Rock Creek Parkway. tions and Public Safety Act of 1999. Currently, wireless emergency calls I know the gentleman from Massa- Mr. MARKEY. Mr. Speaker, I yield do not include location information. chusetts will not give up, anymore myself such time as I may consume. Location information allows a wireless than I will give up in that effort. Mr. Speaker, I would only point out 911 call to be located on a map within Mr. Speaker, I reserve the balance of that in order to have a jump shot, we 100 meters of the actual call. S–800 en- my time. must be able to get off the ground. I forces current FEC rules that call for Mr. MARKEY. Mr. Speaker, I yield 2 would like to have the gentleman have Automatic Information Location to be minutes to the gentleman from Ten- an opportunity to revise and extend so put in place by October 1, 2001. It elimi- nessee (Mr. FORD), that eloquent force- that he can correct any erroneous im- nates the barriers to installing wireless ful advocate. pression that he may have left with the location technology, and assists emer- Mr. FORD. Mr. Speaker, the gen- listening audience here today with re- gency medical and public safety com- tleman from Massachusetts (Mr. MAR- gard to my jumping ability. munities to respond to calls for help. KEY) is very kind. He has defined his Mr. Speaker, I yield 2 minutes to the Mr. Speaker, in response, and the jump shot on this side of the aisle. We gentleman from Houston, Texas (Mr. gentleman has heard it in our com- thank him for that. My thanks to the GREEN), the illustrious legislator and mittee hearing, last spring I was going gentleman from Louisiana (Mr. TAU- another luminary in the firmament of through a number of States, including ZIN), to the gentleman from Massachu- jump-shooting basketball players in Louisiana, Mississippi, Alabama, Ten- setts (Mr. MARKEY), and to the chair- Congress. nessee, and Virginia. I did not realize man, the gentleman from Illinois (Mr. (Mr. GREEN of Texas asked and was how many States had different num- SHIMKUS), and to the gentleman from given permission to revise and extend bers than 911. So if nothing else, this Virginia (Chairman BLILEY) and to the his remarks.) bill will do that, but it does a lot more. ranking member, the gentleman from Mr. GREEN of Texas. Mr. Speaker, I Mr. MARKEY. Mr. Speaker, I yield Michigan (Mr. DINGELL) and the gentle- thank my colleague for yielding time myself such time as I may consume. woman from Missouri (Ms. DANNER). I to me. Mr. Speaker, I would correct the gen- thank them for all they have done. Mr. Speaker, I am glad the gen- tleman from Houston, it is Massachu- Mr. Speaker, S. 800 is a major ad- tleman corrected or at least gave my setts, rather than Massatusetts. We are vancement in our ability to use all our friend, the gentleman from Tennessee very sensitive to that as we head into communication abilities to save lives (Mr. FORD), the opportunity to correct the Yankee Series. Mr. Speaker, we and report crimes. This bill designates himself. The gentleman from Massa- recommend to the full House that this 911 as the universal emergency tele- chusetts (Mr. MARKEY) and I both lost bill be accepted. phone number and replaces the con- our jump shot about 30 years ago. Mr. BLILEY. Mr. Speaker, I am pleased that fusing codes and alternative numbers Mr. FORD. Mr. Speaker, will the gen- we have the opportunity today to complete a that wireless networks have been tleman yield? project that has been a high priority for the forced to use. Mr. GREEN of Texas. I yield to the Commerce Committee since December of last The bill upgrades conventional gentleman from Tennessee. year. S. 800 is sound public policy that will wireline services in areas which do not Mr. FORD. Mr. Speaker, the gen- have a positive impact on the lives of all have the funds to upgrade their serv- tleman does have a set shot. Americans for years to come. While the ices. Mr. GREEN of Texas. I stand cor- changes contained in the bill are rather small Under current law, wireless operators rected. compared to some bills we consider in the cannot respond to some emergency I am glad to be here, Mr. Speaker, House, the impact will be very significant to calls because they are not allowed to with both my colleague, the gentleman the lives and safety of our constituents. process pertinent location information. from Louisiana (Mr. TAUZIN), the chair- Let me start by thanking the other body for This legislation, as the gentleman from man of the Subcommittee on Tele- their work on this issue. Last Congress, the Illinois has said, will expand the cur- communications, Trade, and Consumer Commerce Committee considered a similar bill rent definition of customer proprietary Protection, and the ranking member in led by my good friend from Louisiana, Mr. network information to include local support of S. 800. TAUZIN, that did not make it to the House floor. information. For over 68 million wireless sub- This Congress we were able to bring a new However, it states clearly that a pro- scribers, wireless communications is bill, H.R. 438, led by my good friend from Illi- vider must obtain the express prior au- often the critical link in emergency nois, Mr. SHIMKUS, to the House floor with thorization before a carrier can use lo- and accident situations. overwhelming support. This work became the cation information, other than in an Mr. Speaker, from the city of Hous- basis for the other body's effort on this issue. emergency situation. ton, our Greater Harris County Emer- The result is S. 800, which slightly modifies By extending the current liability gency Network has taken great strides and improves the House product without alter- protection which exists for landline in implementing E–911 services. Over ing the underlying concepts. carriers to wireless carriers, the legis- the past year in Houston, Texas, the S. 800 will resolve once and for all the tele- lation makes sure that our liability emergency service has been conducting phone number people need to dial in order to statutes keep pace with ever-changing a test of an actual E–911 network with get emergency personnel. The bill establishes technology. The bill does not give wire- simulated 911 wireless calls. The test 911 as the universal emergency number for less providers greater protection. It has met with great success, and the both wireless and wireline telecommunications does not change rules for land lines. It city’s action has made them a leader services. In many parts of our nation, the October 12, 1999 CONGRESSIONAL RECORD — HOUSE H9863 seemingly ubiquitous telephone number, 911, of the public safety community, including the by the body into GHB. Illicit use of these and is not the number used by the local commu- ComCARE Alliance, for continuing to remind other GHB analogues and precursor chemicals is nity for emergencies. What seems like such a us that these simple reforms will be so helpful a significant and growing law enforcement problem. simple concept has not been implemented uni- to the safety of Americans. I ask that a letter (5) A human pharmaceutical formulation of formly throughout the nation. This situation sent to me by the ComCARE Alliance on this gamma hydroxybutyric acid is being developed causes consumer confusion that can delay or bill be made part of the RECORD. as a treatment for cataplexy, a serious and de- prevent emergency personnel from reaching I urge all Members to support passage of bilitating disease. Cataplexy, which causes sud- people in need. For instance, there are ap- the bill. den and total loss of muscle control, affects proximately 15 emergency numbers used Mr. MARKEY. Mr. Speaker, I have no about 65 percent of the estimated 180,000 Ameri- around the country for wireless calls. These further requests for time, and I yield cans with narcolepsy, a sleep disorder. People range from 911 to *55, #77, to the acronym of back the balance of my time. with cataplexy often are unable to work, drive a car, hold their children or live a normal life. the State highway police, to the local sheriff or Mr. TAUZIN. Mr. Speaker, asking all SEC. 3. ADDITION OF GAMMA HYDROXYBUTYRIC police department. Members to join us in this bill, I have ACID AND KETAMINE TO SCHEDULES Think about the typical American experience no further requests for time, and I OF CONTROLLED SUBSTANCES; of taking a family vacation. When you are out yield back the balance of my time. GAMMA BUTYROLACTONE AS ADDI- on the roads of America with your family and The SPEAKER pro tempore (Mr. TIONAL LIST I CHEMICAL. (a) ADDITION TO SCHEDULE I.— you see an accident or get involved in an acci- SHIMKUS). The question is on the mo- (1) IN GENERAL.—Section 202(c) of the Con- dent yourself, how do you get help for your tion offered by the gentleman from trolled Substances Act (21 U.S.C. 812(c)) is loved ones if you don't know how to reach Louisiana (Mr. TAUZIN) that the House amended by adding at the end of schedule I the emergency personnel? Take a moment to suspend the rules and pass the Senate following: imagine trying to get emergency help on an bill, S. 800. ‘‘(d) Unless specifically excepted or unless list- interstate highway when you are not certain of The question was taken. ed in another schedule, any material, com- your precise location and you may have no Mr. TAUZIN. Mr. Speaker, on that I pound, mixture, or preparation, which contains idea of what number that State has adopted to demand the yeas and nays. any quantity of the following substance having call emergency personnel. These scenarios The yeas and nays were ordered. a depressant effect on the central nervous sys- The SPEAKER pro tempore. Pursu- tem, or which contains any of their salts, iso- are real and they happen every day. mers, and salts of isomers whenever the exist- Thankfully we are making the thoughtful de- ant to clause 8 of rule XX and the ence of such salts, isomers, and salts of isomers cision through this bill that there should be Chair’s prior announcement, further is possible within the specific chemical designa- one number for consumers to dial to reach proceedings on this motion will be tion: emergency personnel. This will remove the di- postponed. ‘‘(1) Gamma hydroxybutyric acid.’’. aling guessing game and help improve the f (2) SECURITY OF FACILITIES.—For purposes of safety of our citizens. any requirements that relate to the physical se- S. 800 also provides liability parity between HILLORY J. FARIAS DATE-RAPE curity of registered manufacturers and reg- wireline and wireless carriers. Wireless car- PREVENTION DRUG ACT OF 1999 istered distributors, gamma hydroxybutyric acid and its salts, isomers, and salts of isomers man- riers have made a compelling case as to why Mr. UPTON. Mr. Speaker, I move to ufactured, distributed, or possessed in accord- liability parity is justified in this limited instance suspend the rules and pass the bill ance with an exemption approved under section and how public safety will be enhanced if it is (H.R. 2130) to amend the Controlled 505(i) of the Federal Food, Drug, and Cosmetic enacted. The public safety community is also Substances Act to add gamma hydrox- Act shall be treated as a controlled substance in strongly supporting this provision recognizing ybutyric acid and ketamine to the schedule III under section 202(c) of the Con- that the deployment of wireless location tech- schedules of controlled substances, to trolled Substances Act. nology is being stalled because wireless com- provide for a national awareness cam- (b) ADDITION TO SCHEDULE III.—Schedule III panies are correctly concerned about their ex- paign, and for other purposes, as under section 202(c) of the Controlled Sub- stances Act (21 U.S.C. 812(c)) is amended in posure to lawsuit for trying to improve the amended. (b)— safety of their systems. With over 100,000 The Clerk read as follows: (1) by redesignating (4) through (10) as (6) wireless emergency calls being placed each H.R. 2130 through (12), respectively; day, pinpointing the exact location of wireless Be it enacted by the Senate and House of Rep- (2) by redesignating (3) as (4); calls will be extremely helpful in improving resentatives of the United States of America in (3) by inserting after (2) the following: emergency response time. Liability protection Congress assembled, ‘‘(3) Gamma hydroxybutyric acid and its salts, isomers, and salts of isomers contained in a drug will help facilitate the deployment of such tech- SECTION 1. SHORT TITLE. product for which an application has been ap- This Act may be cited as the ‘‘Hillory J. nology. proved under section 505 of the Federal Food, Farias Date-Rape Prevention Drug Act of 1999’’. Lastly, S. 800 will provide privacy protec- Drug, and Cosmetic Act.’’; and tions for consumers in the use of subscriber SEC. 2. FINDINGS. (4) by inserting after (4) (as so redesignated) call location information. As call location infor- The Congress finds as follows: the following: mation technologies are deployed, it is equally (1) Gamma hydroxybutyric acid (also called G, ‘‘(5) Ketamine and its salts, isomers, and salts important that we ensure that this information Liquid X, Liquid Ecstasy, Grievous Bodily of isomers.’’. is treated confidentially. It is not appropriate to Harm, Georgia Home Boy, Scoop) has become a (c) ADDITIONAL LIST I CHEMICAL.—Section significant and growing problem in law enforce- let government or commercial parties collect 102(34) of the Controlled Substances Act (21 ment. At least 20 States have scheduled such U.S.C. 802(34)) is amended— such information or keep tabs on the exact lo- drug in their drug laws and law enforcement of- (1) by redesignating subparagraph (X) as sub- cation of individual subscribers. S. 800 will en- ficials have been experiencing an increased pres- paragraph (Y); and sure that such call location information is not ence of the drug in driving under the influence, (2) by inserting after subparagraph (W) the disclosed without the authorization of the user, sexual assault, and overdose cases, especially at following subparagraph: except in emergency situations, and only to night clubs and parties. ‘‘(X) Gamma butyrolactone.’’. specific personnel. (2) A behavioral depressant and a hypnotic, (d) RULE OF CONSTRUCTION REGARDING CON- These are well thought-out, well-vetted con- gamma hydroxybutyric acid (‘‘GHB’’) is being TROLLED SUBSTANCE ANALOGUES.—Section cepts that have received broad bipartisan sup- used in conjunction with alcohol and other 102(32) of the Controlled Substances Act (21 drugs with detrimental effects in an increasing U.S.C. 802(32)) is amended— port. number of cases. It is difficult to isolate the im- (1) by redesignating subparagraph (B) as sub- I want to thank all Members that have pact of such drug’s ingestion since it is so typi- paragraph (C); and helped us get where we are today. I especially cally taken with an ever-changing array of (2) by inserting after subparagraph (A) the want to thank Senators BURNS, MCCAIN, and other drugs and especially alcohol, which following subparagraph: HOLLINGS, and their staffs for the work that potentiates its impact. ‘‘(B) The designation of gamma butyrolactone went into S. 800. I also want to thank the rel- (3) GHB takes the same path as alcohol, proc- or any other chemical as a listed chemical pur- evant industry parties involved, including the esses via alcohol dehydrogenase, and its symp- suant to paragraph (34) or (35) does not pre- U.S. wireless companies and their trade asso- toms at high levels of intake and as impact clude a finding pursuant to subparagraph (A) of builds are comparable to alcohol ingestion/in- ciationsÐthe Cellular Telecommunications In- this paragraph that the chemical is a controlled toxication. Thus, aggression and violence can be substance analogue.’’. dustry Association and the Personal Commu- expected in some individuals who use such drug. (e) PENALTIES REGARDING SCHEDULE I.— nications Industry AssociationÐfor their con- (4) If taken for human consumption, common (1) IN GENERAL.—Section 401(b)(1)(C) of the tinued support and helpful suggestions. It is industrial chemicals such as gamma butyro- Controlled Substances Act (21 U.S.C. also important that we recognize the fine work lactone and 1.4-butanediol are swiftly converted 841(b)(1)(C)) is amended in the first sentence by H9864 CONGRESSIONAL RECORD — HOUSE October 12, 1999 inserting after ‘‘schedule I or II,’’ the following: ence of gamma hydroxybutyric acid and related There was no objection. ‘‘gamma hydroxybutyric acid in schedule III,’’. substances. Mr. UPTON. Mr. Speaker, I ask unan- (2) CONFORMING AMENDMENT.—Section SEC. 6. ANNUAL REPORT REGARDING DATE-RAPE imous consent that the gentleman 401(b)(1)(D) of the Controlled Substances Act (21 DRUGS; NATIONAL AWARENESS CAM- from Ohio (Mr. CHABOT) be recognized U.S.C. 841(b)(1)(D)) is amended by inserting PAIGN. ‘‘(other than gamma hydroxybutyric acid)’’ (a) ANNUAL REPORT.—The Secretary of Health to control half of my time, or 10 min- after ‘‘schedule III’’. and Human Services (in this section referred to utes. (f) DISTRIBUTION WITH INTENT TO COMMIT as the ‘‘Secretary’’) shall periodically submit to The SPEAKER pro tempore. Is there CRIME OF VIOLENCE.—Section 401(b)(7)(A) of the the Congress reports each of which provides an objection to the request of the gen- Controlled Substances Act (21 U.S.C. estimate of the number of incidents of the abuse tleman from Michigan? 841(b)(7)(A)) is amended by inserting ‘‘or con- of date-rape drugs (as defined in subsection (c)) There was no objection. trolled substance analogue’’ after ‘‘distributing that occurred during the most recent one-year Mr. UPTON. Mr. Speaker, I yield my- a controlled substance’’. period for which data are available. The first such report shall be submitted not later than self such time as I may consume. SEC. 4. AUTHORITY FOR ADDITIONAL REPORTING Mr. Speaker, I rise in support of H.R. REQUIREMENTS FOR GAMMA HY- January 15, 2000, and subsequent reports shall DROXYBUTYRIC PRODUCTS IN be submitted annually thereafter. 2130. I particularly want to appreciate SCHEDULE III. (b) NATIONAL AWARENESS CAMPAIGN.— the good work of the gentleman from Section 307 of the Controlled Substances Act (1) DEVELOPMENT OF PLAN; RECOMMENDATIONS Virginia (Chairman BLILEY) and the (21 U.S.C. 827) is amended by adding at the end OF ADVISORY COMMITTEE.— gentleman from Florida (Chairman the following: (A) IN GENERAL.—The Secretary, in consulta- tion with the Attorney General, shall develop a BILIRAKIS), both of whom would be here ‘‘(h) In the case of a drug product containing except for subcommittee hearings gamma hydroxybutyric acid for which an appli- plan for carrying out a national campaign to cation has been approved under section 505 of educate individuals described in subparagraph going on. the Federal Food, Drug, and Cosmetic Act, the (B) on the following: I thank my colleagues, all of the Attorney General may, in addition to any other (i) The dangers of date-rape drugs. Michigan delegation, and in particular, requirements that apply under this section with (ii) The applicability of the Controlled Sub- the gentleman from Michigan (Mr. stances Act to such drugs, including penalties respect to such a drug product, establish any of STUPAK) who serves with me on the the following as reporting requirements: under such Act. (iii) Recognizing the symptoms that indicate Committee on Commerce, for his dili- ‘‘(1) That every person who is registered as a an individual may be a victim of such drugs, in- gent work on this effort, and the gen- manufacturer of bulk or dosage form, as a pack- cluding symptoms with respect to sexual assault. tlewoman from Texas (Ms. JACKSON- ager, repackager, labeler, relabeler, or dis- (iv) Appropriately responding when an indi- tributor shall report acquisition and distribution LEE) for her fine efforts, and obviously vidual has such symptoms. the gentleman from Michigan (Mr. DIN- transactions quarterly, not later than the 15th (B) INTENDED POPULATION.—The individuals GELL) as well. day of the month succeeding the quarter for referred to in subparagraph (A) are young which the report is submitted, and annually re- adults, youths, law enforcement personnel, edu- I also want to compliment Senator port end-of-year inventories. cators, school nurses, counselors of rape victims, ABRAHAM, who has introduced similar ‘‘(2) That all annual inventory reports shall and emergency room personnel in hospitals. legislation in the Senate, as well as be filed no later than January 15 of the year fol- (C) ADVISORY COMMITTEE.—Not later than 180 Chairman HATCH, chairman of the lowing that for which the report is submitted days after the date of the enactment of this Act, Committee on the Judiciary in the and include data on the stocks of the drug prod- the Secretary shall establish an advisory com- uct, drug substance, bulk drug, and dosage Senate, as he has apparently indicated mittee to make recommendations to the Sec- that they want to move fairly quickly forms on hand as of the close of business Decem- retary regarding the plan under subparagraph ber 31, indicating whether materials reported (A). The committee shall be composed of individ- in the Senate with hearings and action are in storage or in process of manufacturing. uals who collectively possess expertise on the ef- over there very soon, perhaps as early ‘‘(3) That every person who is registered as a fects of date-rape drugs and on detecting and as next week. manufacturer of bulk or dosage form shall re- controlling the drugs. Mr. Speaker, I was a relatively new port all manufacturing transactions both inven- (2) IMPLEMENTATION OF PLAN.—Not later than chairman of the Subcommittee on tory increases, including purchases, transfers, 180 days after the date on which the advisory Oversight and Investigations in the and returns, and reductions from inventory, in- committee under paragraph (1) is established, cluding sales, transfers, theft, destruction, and Committee on Commerce this last the Secretary, in consultation with the Attorney year. There were two stories in Michi- seizure, and shall provide data on material General, shall commence carrying out the na- manufactured, manufactured from other mate- tional campaign under such paragraph in ac- gan that prevailed in a major way last rial, use in manufacturing other material, and cordance with the plan developed under such January. use in manufacturing dosage forms. paragraph. The campaign may be carried out One was the terrible cold and snow. ‘‘(4) That all reports under this section must directly by the Secretary and through grants The high temperature I think in my include the registered person’s registration num- and contracts. part of the State was about 20 below ber as well as the registration numbers, names, (3) EVALUATION BY GENERAL ACCOUNTING OF- for about 11⁄2 weeks. The other story and other identifying information of vendors, FICE.—Not later than two years after the date was a very sad story about two teenage suppliers, and customers, sufficient to allow the on which the national campaign under para- Attorney General to track the receipt and dis- graph (1) is commenced, the Comptroller General women from the district of the gen- tribution of the drug. of the United States shall submit to the Congress tleman from Michigan (Mr. DINGELL) ‘‘(5) That each dispensing practitioner shall an evaluation of the effects with respect to date- who went to a party and, sadly, some- maintain for each prescription the name of the rape drugs of the national campaign. one allegedly laced their soft drinks prescribing practitioner, the prescribing practi- (c) DEFINITION.—For purposes of this section, with a date-rape drug called GHB or tioner’s Federal and State registration numbers, the term ‘‘date-rape drugs’’ means gamma hy- GBL. One of those women died. It was with the expiration dates of these registrations, droxybutyric acid and its salts, isomers, and a nightmare, a nightmare that no fam- verification that the prescribing practitioner salts of isomers and such other drugs or sub- possesses the appropriate registration to pre- stances as the Secretary, after consultation with ily wants to experience or get that scribe this controlled substance, the patient’s the Attorney General, determines to be appro- phone call. name and address, the name of the patient’s in- priate. I did not know very much about date surance provider and documentation by a med- The SPEAKER pro tempore. Pursu- rape drugs, and I thought, as the new ical practitioner licensed and registered to pre- ant to the rule, the gentleman from chairman of the subcommittee, that we scribe the drug of the patient’s medical need for ought to have a look at it. We called a the drug. Such information shall be available Michigan (Mr. UPTON) and the gen- tleman from Ohio (Mr. BROWN) each number of witnesses. In fact, we heard for inspection and copying by the Attorney Gen- from a victim from this area, the eral. will control 20 minutes. ‘‘(6) That section 310(b)(3) (relating to mail The Chair recognizes the gentleman Washington-Virginia-Maryland area, a order reporting) applies with respect to gamma from Michigan (Mr. UPTON). woman who at the age of 14 or 15 had hydroxybutyric acid to the same extent and in GENERAL LEAVE had her soft drink laced with this same the same manner as such section applies with Mr. UPTON. Mr. Speaker, I ask unan- type of drug. She was a serious victim respect to the chemicals and drug products spec- imous consent that all Members may of sexual assault. She, thank goodness, ified in subparagraph (A)(i) of such section.’’. have 5 legislative days within which to lived, but it was an experience that no SEC. 5. DEVELOPMENT OF FORENSIC FIELD family wants to experience. TESTS FOR GAMMA HYDROXY- revise and extend their remarks on BUTYRIC ACID. H.R. 2130. Mr. Speaker, we heard in August The Attorney General shall make a grant for The SPEAKER pro tempore. Is there from the Kansas City TV station, the development of forensic field tests to assist objection to the request of the gen- where they thought that perhaps as law enforcement officials in detecting the pres- tleman from Michigan? many as 6,000 or 7,000 cases of date rape October 12, 1999 CONGRESSIONAL RECORD — HOUSE H9865 drugs had happened in the greater Kan- gentlewoman from Texas (Ms. JACK- volvement in a crime or situation with- sas City area, and they were very inter- SON-LEE) and the gentlewoman from out laboratory testing. ested in watching this legislation move Michigan (Ms. STABENOW). This bill also recognizes that well-de- forward. I heard from a mom in Ohio Mr. STUPAK. I thank the gentleman signed legislative efforts should not whose daughter’s bottled water had for yielding time to me, Mr. Speaker. throw out the baby with the bath been laced with this stuff and she was Mr. Speaker, I rise in strong support water, so to speak. By this, I mean that on life support, the daughter. of H.R. 2130, the Hillory T. Varias Date- the abusive use of GHB we have been As we found out a little bit about Rape Prevention Drug Act of 1999. focusing on should not prevent possible this drug, we found that it was odor- As many of my colleagues know, legitimate or beneficial uses of this less, colorless, tasteless, and it is vir- with my background in law enforce- drug. For example, GHB has shown tually available on every college cam- ment, I have been concerned with the considerable promise for the treatment pus across the country. We found out problem of drug abuse and date rape. In of narcolepsy. Specifically, this drug that on the Internet, virtually anyone fact, the first bill that I ever passed in could benefit the approximately 30,000 with a credit card could get this stuff the U.S. Congress in 1993 was the people who suffer from a form of for as little as $20 overnight. Chemical Diversion Act of 1993, which cataplexy or a sudden loss of muscle Mr. Speaker, this is a nightmare that wiped out cat or methcatadone, as we control. needs to end. We found out that be- call it. Good public policy recognizes these cause of a number of loopholes in a But in addition to this and other ef- patients and the important research number of States, these drugs were ac- forts, we are here today on H.R. 2130, as which is being done attempting to ad- tually legal. They were legitimate. We amended. We did a lot of work in com- dress their serious medical concerns. found out that those States would try mittee. We put my substitute as the H.R. 2130 places GHB into Schedule I; as hard as they may to try and ban committee bill, and it is a product of a but when it is approved by the FDA for some of these drugs. With a simple lot of compromise worked out by nu- medical use, it will then move to a change in the chemical balance of merous parties in the Committee on Schedule III with Schedule I criminal these drugs, it could be made from Commerce and the Committee on the penalties. It allows an exemption from GHB to GBL to who knows what, and Judiciary to address the concerns and the security requirements imposed for the circumstance would be the same. needs of both law enforcement and pa- Schedule I controlled substances, Mr. Speaker, this legislation that I tients. which will allow the manufacturers of introduced, along with my colleagues, By scheduling GHB, we will be giving medical-grade GHB to continue their the gentlemen from Michigan, Mr. STU- the Drug Enforcement Agency strong research without the need to construct PAK and Mr. DINGELL, the gentleman controls over the drug and allow them an expensive vault for storage of the from Virginia (Mr. BLILEY), and the to combat the rampant abuse of this product. gentleman from Florida (Mr. BILI- drug which we are currently seeing. This bill also allows patients to re- RAKIS), closes the door on these drugs. b 1830 ceive their drugs directly from the It makes them a Schedule I. It will Just a few months ago, five Lake manufacturer, because it places a take it, I hope, off the Internet. medically-approved GHB drug auto- It will make sure that on college City teenagers were brought into the matically into Schedule III. campuses, in high schools across the emergency room in convulsions and de- Mr. Speaker, a lot of work has gone country, that there will be a force that scribed as comatose due to the over- into reaching this bipartisan legisla- the law enforcement agencies will have dose of GHB. Even more recently, Octo- tion. I want to thank the gentlewoman where they can take this stuff off the ber 1 of this year, article right here from Texas (Ms. JACKSON-LEE) for her street and save families from the about eight Ann Arbor University of work on this issue. I want to thank the nightmares that they would otherwise Michigan students up in the hospital chairman of the Committee on Com- have. over the weekend because of taking merce, the gentleman from Virginia We heard testimony that perhaps as GHB that was slipped into their drinks (Mr. BLILEY), as well as my good friend, many as 90 kids have died in the last while they were out partying in Ann the gentleman from Michigan (Mr. couple of years because of these drugs, Arbor. UPTON) of the Subcommittee on Over- and certainly thousands and thousands Not only in Michigan, Mr. Speaker, sight, Investigations and Emergency of cases of abuse across the country. In but all over the country this drug is Management for holding the first hear- many cases, when these kids, women, spreading in popularity. I know my col- ing on this matter, and the gentleman are brought to the ER rooms, the hos- league, from the gentleman from from Florida (Mr. BILIRAKIS) who were pital has no idea what might have Michigan (Mr. UPTON), estimated 90 crucial in moving this bill through the struck these kids because it is natural, people. Even modest estimates put it Committee on Commerce. in many cases. In many cases these at 32 people have died from exposure to drugs are a naturally-produced sub- this drug, most of them because it has Finally and most heartfelt, I would stance with a relatively short half-life, been dangerously mixed with alcohol. like to thank the gentleman from and without knowing specifically what Countless others have overdosed or Michigan (Mr. DINGELL), as well as the to look for in this stuff, the ER room suffered rape as a result of this unpre- gentleman from Ohio (Mr. BROWN), the misses it and perhaps that child dies. dictable and uncontrolled substance. gentleman from Pennsylvania (Mr. Mr. Speaker, I would urge my col- Furthermore, GHB is one of the first KLINK), and the gentlewoman from leagues to support this legislation. drugs in which the recipe for manufac- Michigan (Ms. STABENOW) for working Mr. Speaker, I reserve the balance of ture at home was widely available over with us on our side to move this bill. my time. the Internet. People were literally I urge the House to pass this bill so Mr. BROWN of Ohio. Mr. Speaker, I cooking up the drug in their house by we can prevent more deaths from the ask unanimous consent to yield 10 min- obtaining the ingredients and instruc- misuse of this dangerous substance, utes to the gentlewoman from Texas tions over the Internet. and I urge the other body to move this (Ms. JACKSON-LEE) for her to control on H.R. 2130 addressed this issue by re- legislation expeditiously. behalf of the Committee on the Judici- quiring tracking and reporting of pos- Mr. CHABOT. Mr. Speaker, I yield ary. sible misuse of GBL and other pre- myself such time as I may consume. The SPEAKER pro tempore. Is there cursor chemicals. Mr. Speaker, I rise in strong support objection to the request of the gen- Finally, the bill requires the Depart- of H.R. 2130. One of the most pernicious tleman from Ohio? ment of Justice to develop a forensic recent developments in our Nation’s There was no objection. test to aid law enforcement officials in battle against illegal drug use is the Mr. BROWN of Ohio. Mr. Speaker, I determining when GHB or a GHB-re- emergence of so-called date rape drugs. yield such time as he may consume to lated compound is involved in a crimi- These drugs are being used by sexual the gentleman from Michigan (Mr. nal activity. This will be helpful to law predators to incapacitate their victims STUPAK), the sponsor of the bill who enforcement officials who currently before they are sexually assaulted. has worked tirelessly on this with the have no way of determining GHB’s in- Many of these drugs are odorless and H9866 CONGRESSIONAL RECORD — HOUSE October 12, 1999 tasteless as the gentleman from Illi- Mr. Speaker, H.R. 2130 is another and again in 1998 and in 1999, and I have nois has already mentioned, and they good example of how this Congress and continued to advocate for its passage dissolve quickly and easily in alcohol. recent Congresses are working both to prevent women from being victim- Alcohol enhances the drug’s intoxi- smarter and harder to combat the ized by date rape drugs. cating effect and leaves the victim ut- scourge of illegal drugs. Hillory J. Farias was a 17-year-old terly helpless. What makes the use of Mr. Speaker, I reserve the balance of high school student, model student and these drugs even more contemptible is my time. varsity volleyball player, who died as a that the victims are likely to suffer Ms. JACKSON-LEE of Texas. Mr. result of GHB slipped in her soft drink. memory loss, and this makes it vir- Speaker, I yield myself such time as I It was at this time that her family re- tually impossible for them to recount may consume. fused to believe that she died of a self- to law enforcement officers the cir- (Ms. JACKSON-LEE of Texas asked induced drug overdose, and in their cumstances surrounding the assault. and was given permission to revise and persistence they had the new Harris These victims suffer the knowledge extend her remarks.) County medical center, Dr. Joy Carter, that they have been sexually assaulted, Ms. JACKSON-LEE of Texas. Mr. to again retest or reexamine and deter- but they just cannot remember the de- Speaker, over this past weekend we mine the death or the reason of the tails or explain how it happened and lost 6 young people in a tragic accident death of Hillory J. Farias. that makes it virtually impossible to near College Station, and before I Her family now, Lydia Farias, her prosecute many of these cases, and begin my remarks I would like to offer grandmother; and Ray Farias, her that is why they are particularly hei- my sympathy to their families and grandfather; Rubin Farias, her uncle; nous. their universities. Rosey Farias, her mother; and H.R. 2130 builds on past efforts by the Any time we lose young people, it is Hernando Farias, her uncle have gath- Committee on Commerce and the Com- a tragedy and that is why this bill is so ered throughout these 3 years to per- mittee on the Judiciary to address the particularly important to those of us sist in finding some truth to what hap- problem of date rape drugs. In 1998, a in Texas and around this country. So I pened to Hillory but also to help pass bill I introduced, the Controlled Sub- am pleased to stand here today in this legislation so that it could not stances Trafficking Prohibition Act, strong support of the Hillory J. Farias happen to others again. passed both the House and the Senate Date-Rape Preservation Act of 1999, Hillory and two of her girlfriends and was signed into law by the Presi- and I was delighted this summer to went out to a club where they con- dent. H.R. 2366 closed a gaping loophole join the members of the Committee on sumed only soft drinks. At some point in U.S. drug policy, the so-called per- Commerce, the gentleman from Michi- during the evening, GHB was slipped sonal use exemption to the Controlled gan (Mr. UPTON), the gentleman from into Hillory’s drink and soon after- Substances Act that allowed American Michigan (Mr. STUPAK), and the gen- wards Hillory complained of feeling drug dealers to bring large quantities tleman from Virginia (Mr. BLILEY), to sick with a severe headache. She went of prescription drugs, even the most introduce this bipartisan legislation. home to bed, but the next morning notorious types of date rape drugs, into I want to take this time now to ac- Hillory was found by her grandmother this country without a legitimate doc- knowledge the leadership of the gen- unconscious and unresponsive. Hillory tor’s prescription or medical purpose. tleman from Michigan (Mr. UPTON) and was rushed to the hospital where she This exemption was so lax that stud- the gentleman from Michigan (Mr. later died. The cause of Hillory’s death ies along the Texas border found STUPAK) and to thank them for their remained a mystery until it was finally records of people bringing thousands of collaborative kindness, to thank the detected by medical examiners, in this these pills into this country in one day; gentleman from Ohio (Mr. BROWN) and instance Dr. Joy Carter, as I indicated, multiple drugs and thousands of pills the gentlewoman from Michigan (Ms. after receiving a report from the Harris in a single day supposedly for personal STABENOW) for their interest and par- use. These date rape drugs ultimately County Organized Crime and Narcotics ticipation. We have waited a long time found their way far too often to the Task Force about a new date-rape drug for this day; and I look forward to the streets and to college campuses, put- that was starting to show up in area next step for this legislation, which is ting young women at risk. nightclubs. In October 1996, Congress also passed final passage today in the House and I introduced H.R. 1530 on May 5, 1997. the Drug Induced Rape Prevention and later in the Senate. The bill has several cosponsors, the Punishment Act of 1996. That law ad- This day has been a long time com- gentlewoman from Georgia (Ms. dressed the abuse of the drug ing, but it is a victory for those of us MCKINNEY), the gentlewoman from flunitrazepam and established the who are concerned about date rape Florida (Mrs. MEEK), the gentlewoman precedent that H.R. 2130 now follows. drugs. This drug, GHB, has been used in from California (Mrs. TAUSCHER), the Others have ably described the provi- innumerable rapes around the country gentlewoman from Michigan (Ms. KIL- sions of this legislation so I will only and has been implicated in at least 40 PATRICK), the gentlewoman from New highlight a few of its key aspects. It deaths. In addition to date rape, this York (Mrs. LOWEY), the gentlewoman places GHB in Schedule I of the Con- drug is very popular on the party scene from Maryland (Mrs. MORELLA), the trolled Substances Act; thereby pro- in many cities and it is widely abused. gentlewoman from New York (Ms. viding the maximum penalties for In my home city of Houston, GHB has VELA´ ZQUEZ), the gentlewoman from those who clandestinely produce the become known as a rage at some Hous- California (Ms. MILLENDER-MCDONALD), drug at home and those who use GHB ton area clubs where it is clandestinely the gentleman from Georgia (Mr. to commit date rape. It also establishes being dispensed by party goers in clear BISHOP), the gentleman from New Jer- GBL, the precursor chemical used to liquid form from designer water bot- sey (Mr. PALLONE), the gentleman from make GHB, as a list one chemical, the tles. This drug which goes by the Florida (Mr. WEXLER), the gentle- most regulated chemical category. names of ‘‘easy lay,’’ ‘‘grievous bodily woman from Michigan (Ms. STABENOW), The legislation allows for the ongo- harm,’’ ‘‘gook,’’ ‘‘Gamma 10,’’ and ‘‘liq- the gentlewoman from Missouri (Ms. ing, promising clinical development of uid X’’ cannot be detected with a rou- MCCARTHY), the gentlewoman from GHB for the treatment of narcolepsy tine drug screen. That is why the California (Ms. ROYBAL-ALLARD), the and more specifically for the treatment deaths of so many of the victims have gentleman from Texas (Mr. BENTSEN), of cataplexy. It does so by providing remained a mystery. the gentlewoman from Connecticut that if and when GHB is approved by I was prompted to act to control the (Ms. DELAURO), the gentleman from the FDA for the treatment of illicit use of GHB 3 years ago because Texas (Mr. HINOJOSA), the gentleman cataplexy, it will then be placed in of the death of Hillory J. Farias for from Texas (Mr. RODRIGUEZ), the gen- Schedule III of the Controlled Sub- whom this bill is named after, proudly tleman from Texas (Mr. REYES), and stances Act. Such scheduling would fa- so, of La Porte, Texas, on August 5, the gentleman from New York (Mr. cilitate use of the drug for such treat- 1996, who was killed by this drug. SERRANO). ment. At the same time, however, the There is no pride in her death, but The Subcommittee on Crime held a bill provides that the illegal use of there is pride in this tribute to her hearing in July 1998, where Hillory’s GHB will receive Schedule I penalties. today. I introduced a GHB bill in 1997 uncle traveled long distance to come October 12, 1999 CONGRESSIONAL RECORD — HOUSE H9867 along with Dr. Joy Carter who was a members Leon Buck, Ayanna Hawkins, college women have been the victim of witness. Oliver Kellman. date rape. In a recent study, 84 percent H.R. 1530 received bipartisan support I would like to finally thank the gen- of rape victims knew their attacker, of the Subcommittee on Crime. Earlier tleman from Virginia (Mr. SCOTT); the and 57 percent of those were raped on a this session, we introduced H.R. 75, and gentleman from Michigan (Mr. CON- date. According to Virginia’s Council this summer again I worked closely YERS), ranking member; the gentleman Against Sexual Assault, those figures with the gentleman from Michigan from Florida (Mr. MCCOLLUM); and the make acquaintance and date rape more (Mr. UPTON), the gentleman from gentleman from Illinois (Mr. HYDE) of common than heart attacks or alco- Michigan (Mr. STUPAK), the gentleman the Committee on the Judiciary. holism. from Virginia (Mr. BLILEY), and the I would like to continue again or to This is a serious issue, and I am very gentleman from Michigan (Mr. DIN- emphasize that this has been a bipar- pleased to be joining my colleagues to GELL) to bring us to this point. tisan effort working with the Com- bringing this to the floor. I urge that The Houston Poison Control reports mittee on the Judiciary and the Com- we have an overwhelming bipartisan indicate that as many as 30 people have mittee on Commerce; and we have support for this bill. overdosed on the drug and been treated come this far, and I look forward to my Mr. CHABOT. Mr. Speaker, I yield 3 in emergency rooms in the past 6 colleagues supporting this legislation, minutes to the gentleman from Ala- months. In fact, Mike Ellis, director of the Hillory J. Farias Date-Rape Pre- bama (Mr. BACHUS), who is a member of poison control, stated in 1996, that the vention Drug Act. the Committee on the Judiciary. majority of cases that this agency has Mr. Speaker, I reserve the balance of Mr. BACHUS. Mr. Speaker, I com- been seeing over the past few years my time. mend the gentleman from Michigan have resulted from people rushed to the Mr. UPTON. Mr. Speaker, may I ask (Mr. UPTON) for bringing this legisla- hospitals because they could not how much time the four of us have re- tion. The gentleman from Michigan (Mr. breath or they passed out in their cars maining. UPTON) mentioned the word ‘‘night- and nobody could rouse them. The SPEAKER pro tempore (Mr. mare.’’ He said it is time to put an end My office has been contacted by SHIMKUS). The gentleman from Michi- to this nightmare. That is exactly many families. Fifteen year old gan (Mr. UPTON) has 5 minutes remain- what this legislation is about. Every Samantha Reid died in Michigan. The ing. The gentleman from Ohio (Mr. parent’s worst nightmare is to receive CHABOT) has 6 minutes remaining. The office of the gentleman from New York that call in the middle of the night (Mr. LAFALCE) told us of the story of gentleman from Ohio (Mr. BROWN) has 5 minutes remaining. The gentlewoman telling us that one of our children has Kerri Breton who died in Syracuse, been harmed. from Texas (Ms. JACKSON-LEE) has 2 New York, who died from this drug Now, the gentlewoman from Texas minutes remaining. being slipped into her drink. (Ms. JACKSON-LEE), who has worked Mr. BROWN of Ohio. Mr. Speaker, I A young man from the Chicago area very hard on this bill, mentioned those yield 2 minutes to the gentlewoman overdosed and almost died last Sep- six young people that were killed at from Michigan (Ms. STABENOW), a lead- tember. His family called our office College Station, Texas. I think all of us er in this effort on this legislation. pleading for help. There was also a re- who had young daughters and sons on Ms. STABENOW. Mr. Speaker, I cent incident in Michigan where four campuses, we identified with that. teenagers died. One Houston, Texas, thank the gentleman from Ohio for In Birmingham, there has been a dif- resident by the name of Craig told the yielding me this time. ferent kind of call in the night, a dif- media officials that the use of the drug Mr. Speaker, I want to first thank ferent nightmare. It is a call that our is rampant. the gentleman from Michigan (Mr. daughters have been given this drug These tragedies underscore the im- UPTON) for his efforts and the gen- GHB. It is clear. It is tasteless. They portance of this legislation. Without tleman from Michigan (Mr. STUPAK), were at a party. They were at a club, this bill, illicit use of GHB would in- who I know has been working for 3 and someone slipped it into their crease dramatically. It is being made years on this issue. I very much appre- drink. The unfortunate ones lapsed in bathtubs. It is being made on the ciate their leadership on this issue, as into unconsciousness, then into a Internet. well as the gentlewoman from Texas coma, and they never recovered. The Mr. Speaker, I would like to thank (Ms. JACKSON-LEE), and all of the oth- more fortunate ones do recover, but those who have helped us come this far, ers that have been mentioned con- they are scarred. Their parents and and I would like to also acknowledge cerning this very important issue. they live through this nightmare. that we have provided in this bill the I come to the floor today, and I am a In Birmingham, Alabama this year alone exception for narcolepsy, which I think cosponsor of this legislation, not only there have been almost a dozen cases of peo- is extremely important. as a Member of the House of Represent- ple suffering from overdoses of GHBÐthe ac- atives from Michigan where we have b 1845 tive ingredient in date rape drugs. In the past seen tragedies occur, but also as a year, Birmingham's South Precinct drug task This bill reflects a compromise. This mother of a college-age daughter. force has made 20 GHB-related arrests. bill enables law enforcement to permit I share my colleagues’ support for It is time to put a stop to it. It is the anyone who abuses GHP to the full ex- classifying GHB as a Schedule I drug, only responsible thing for us to do. tent of the law by placing the drug on placing it in the most highly regulated That is what this legislation will move Schedule I of the Controlled Sub- category of drugs. It depresses the cen- to do. It will empower law enforcement stances Act. By doing so, it allows tral nervous system and as we know officers to get these sexual predators those who use the drug for sexual as- has reportedly been abused to produce that would prey on our daughters and sault to suffer the penalties under the intense highs and to assist in the com- our sisters and our neighbors to get Drug-Induced Rape Prevention and mission of sexual assaults. them off the street and get them be- Punishment Act. In addition, it pro- GHB is a very dangerous drug when hind bars. vides for the use of this drug medically. used in this context. It has been in- We have had people that have come I would like to thank someone who volved in acquaintance or date rapes, before the Committee on the Judiciary, has been very helpful, Mr. Speaker, one which happen to young women most young ladies who were victims of GHB. such person, Trinka Porrata, a retired likely between the ages of 16 and 24 They have described to us in horrible member of the Los Angeles Police De- more than any other group of women. detail the abuse they suffered from a partment. She has advocated for sched- Compared to stranger rape, it is gross- date using GHB. It has been sobering uling GHB on Schedule I for years and ly underreported, mainly because many for all of us. years and years. women do not recognize such encoun- We have a responsibility to those So we come to this point where I ters as rape, particularly if there is young ladies and to all young women would like to finally thank John Ford minimal violence. Yet, it is rape, and it and their parents to address this prob- with the minority commerce staff, is a crime. lem. John Manthei with the majority staff. The statistics on date rape are fright- By passing this legislation today, we I would like to also thank my staff ening. It is estimated that one in four will take a major step in giving our law H9868 CONGRESSIONAL RECORD — HOUSE October 12, 1999 enforcement officers the tools they of health care providers who know the victim of GHB, while securing meas- need. legitimate uses as well as the risks of ures for those who benefit from it. The I would like to commend, not only GHB. Only then will young women and legislation also enables enforcement to the gentleman from Michigan (Mr. children be safe from the crime and the full extent of the law against any- UPTON), the gentlewoman from Texas tragic death to which GHB is an ac- one who uses GHB for sexual assault (Ms. JACKSON-LEE), I would like to also complice. crimes. commend the gentleman from Florida I urge passage of this bill. Offenders could now be sentenced to (Mr. MCCOLLUM), the Subcommittee on Mr. UPTON. Mr. Speaker, I yield 4 20 years in prison under the Drug In- Crime chair, for his excellent work on minutes to the gentlewoman from duced Rape Prevention and Punish- this. Maryland (Mrs. MORELLA), a cosponsor ment Act. I certainly urge my col- I would like to commend the gentle- of the bill. leagues to support this legislation. men from Ohio (Mr. CHABOT) and the Mrs. MORELLA. Mr. Speaker, I rise I also again wanted to commend the gentleman from Ohio (Mr. BROWN) for in very strong support of H.R. 2130. I authors of the legislation for intro- their work on this. really want to thank and commend the ducing it, all of the cosponsors, all of I commend the staff of the Com- gentleman from Michigan (Mr. UPTON) the members of the committee, the mittee on the Judiciary, and especially and the gentlewoman from Texas (Ms. chairman, the ranking member of the Dan Bryant, for their dedicated service JACKSON-LEE) for introducing this very full committee and of the sub- in highlighting this dangerous drug important piece of legislation and committee. and its consequences. bringing the continuing problem of I urge my colleagues to support this Hopefully, as a result of this legisla- date rape to our attention. legislation to minimize the use of date- tion, a few less parents will receive As has been mentioned, parenthood rape drugs and expand the protection that dreaded phone call in the middle enters into this, too. As someone who for the victims of sexual attack. of the night, and this Congress will has raised six daughters, I am particu- Mr. UPTON. Mr. Speaker, I have no have done something positive in a bi- larly grateful for this legislation. It further speakers, though I wish to partisan way. I thank the gentleman would amend the Controlled Substance close. from Ohio (Mr. CHABOT) for the oppor- Act to add GHB to the Drug Enforce- Ms. JACKSON-LEE of Texas. Mr. tunity to speaking in support of this ment Agency’s most-regulated cat- Speaker, may I inquire of the order for legislation. egory. closing. Mr. CHABOT. Mr. Speaker, I ask GHB, as my colleagues may have The SPEAKER pro tempore. The unanimous consent to yield the bal- heard, it deserves repeating, is a cen- order is as follows: the gentlewoman ance of my time to the gentleman from tral nervous system depressant. It is from Texas (Ms. JACKSON-LEE) will pro- Michigan (Mr. UPTON). approved as an anesthetic in some ceed first, followed by the gentleman The SPEAKER pro tempore. Is there countries; however, with exception of from Ohio (Mr. BROWN) second, closed objection to the request of the gen- the investigational research, it is not by the gentleman from Michigan (Mr. tleman from Ohio? approved for any use in the United UPTON). There was no objection. States. The gentlewoman from Texas (Ms. Mr. BROWN of Ohio. Mr. Speaker, I JACKSON-LEE) has 30 seconds remain- reserve my time. GHB has become one of several agents characterized as a date-rape ing. Ms. JACKSON-LEE of Texas. Mr. Ms. JACKSON-LEE of Texas. Mr. drug. Restricting the use of GHB will Speaker, I yield 11⁄2 minutes to the dis- Speaker, I yield myself such time as I undoubtedly protect people all over the tinguished gentlewoman from New may consume. country, especially young women from York (Mrs. MALONEY), who is the co- Mr. Speaker, all I can say is that it is chair of the Women’s Caucus and has being drugged and victimized. now time for us to pay tribute to the This dangerous drug is considered to worked very hard on issues dealing tragic lives that have been lost, like be a sleep aid among those who know with women and children. Hillory, the lives in Michigan, the lives of its effects. A dose is inserted in a Mrs. MALONEY of New York. Mr. across this country, young women who drink and orally ingested. The reaction Speaker, I thank the gentlewoman were duped with a mickey, volleyball to the drug is immediate and grave. from Texas (Ms. JACKSON-LEE) for her players, athletes, good young women Unconsciousness can occur within 15 hard work on this bill, as well as the who did nothing but wanted to live. gentleman from Virginia (Chairman minutes, and a profound coma may This bill says that, if one uses GHB Bliley), the gentleman from Michigan arise within 30 to 40 minutes after ini- to undermine and to do illegal acts and (Mr. DINGELL), the gentleman from tial consumption. to sexually assault, one will be held in Michigan (Mr. STUPAK), the gentleman The purpose of having another ingest violation of Schedule I drugs with up from Michigan (Mr. UPTON), and many this drug is to render the victim help- to 20 years in jail. less. The victim is unable to defend others. b As the mother of two young women, oneself and often has no memory of the 1900 I urge my colleagues to pass this im- attack. I ask my colleagues to support this portant bipartisan bill, to prevent fu- GHB is responsible for many of the legislation. I ask my colleagues to pay ture tragedies like the one that took rapes that occur. It is connected to 40 tribute to Hillory and all the other the life of Hillory J. Farias. deaths also around the country. Many young women. After an innocent evening at a teen- more deaths may also be at the hands I am pleased to stand here today in strong age dance hall, Hillory died, never of GHB, but this drug is not currently support of the Hillory J. Farias Date Rape Pre- knowing what hit her, never knowing included in a standard toxicology vention Act of 1999. This summer, I joined the that someone had slipped a lethal dose screen. members on the Commerce Committee, Rep- of GHB into her Sprite. Adding GHB to the list of controlled resentatives UPTON, STUPAK, and BLILEY, to in- Mr. Speaker, this bill is about pro- substances will help to identify how troduce this bipartisan bill. I have waited a tecting children and young women. It often this drug is abused and who falls long time for this day, and I look forward to is about regulating access to dan- victim to its effects. the next step for this legislation, which is final gerous, unpredictable substances like The people who can medically benefit passage today in the House, and later, in the GHB, which is known as a date-rape from some form of GHB are protected Senate. drug. GHB may not always be harmful. through the Federal drug administra- This day has been a long time coming, but It may, indeed, have an appropriate tion when its use is determined. With it is a victory for those of us who are con- medical use. FDA approval, health care profes- cerned about date rape drugs. This drug, GHB But I say to my colleagues, Mr. sionals will be able to treat patients (Gamma Hydroxy-butyrate) has been used in Speaker, it should not be in the hands through prescriptions. innumerable rapes around the country and of partying teenagers, of preying sex H.R. 2130, the Date Rape Prevention has been implicated in at least 40 deaths. In offenders, of uninformed consumers. Drug Act seeks to prevent violations in addition to date rape, this drug is very popular I believe that this drug belongs in the sexual attacks. The bill provides pro- on the party scene in many cities and it is hands of professionals, of pharmacists, tection for anyone who may become a widely abused. October 12, 1999 CONGRESSIONAL RECORD — HOUSE H9869 In my home city of Houston, GHB has be- In January of this year, 15-year-old However, my position on the illicit use of come known as the rage at some Houston Samantha Reid, from Michigan, died as a re- GHB does not mean that I am insensitive to area clubs where it is clandestinely being dis- sult of this drug and another 14-year-old girl the concerns of patients that might be helped pensed by partygoers in clear liquid form from who was also poisoned with GHB went into a with this drug. This drug has shown some designer water bottles. This drugÐwhich goes coma. Four young men have been indicted in benefits to patients with a specific form of nar- by the nicknames Easy Lay, Grevious Bodily this crime. colepsy in clinical trials. Harm, Gook, Gamma 10 and liquid XÐcannot My office was contacted by Representative There is a possibility that GHB can be de- be detected with a routine drug screen. That LAFALCE'S office with the story of Kerri Breton, veloped for the treatment of cataplexy, a rare is why the deaths of many of its victims have from Syracuse, New York who also died from form of narcolepsy. Cataplexy is a rare dis- remained a mystery. this drug being slipped into her drink. order that causes sudden and total loss of I was prompted to act to control the illicit Ms. Breton was away on a business trip and muscle control. use of GHB three years ago because of the was having a drink in the hotel bar with a col- People with cataplexy are unable to work, death of Hillory J. Farias, of Laporte, Texas on league. She was found the next day dead on drive or lead a normal life. Like my Col- August 5, 1996, who was killed by this drug. the bathroom floor of her hotel room. Her leagues, I understand the situation that affects I introduced a GHB bill in 1997 and again in stepfather shared this painful story in hope these patients and I am sensitive to their need 1998, and 1999 and I have continued to advo- that it would alert others to the dangers of this for treatment of that disorder. cate for its passage to prevent more women drug. This bill reflects a compromise that takes from being victimized by date rape drugs. A young man from the Chicago area into account the needs of the patient group Hillory Farias was a 17-year-old high school overdosed and almost died last September. and the needs of law enforcement. This bill senior, model student and varsity volleyball He was a bodybuilder who had abused drugs enables law enforcement to prosecute anyone player who died as a result of GHB slipped for years. The doctors and law enforcement who abuses GHB to the full extent of the law into her soft drink. officials in the Chicago area did not know any- by placing the drug on Schedule I of the Con- Hillory and two of her girlfriends went out to thing about GHB. If his sister had not been trolled Substances Act. a club where they consumed only soft drinks. around when he lost consciousness, he would Scheduling GHB on the Federal Controlled At some point during the evening, GHB was have surely died. She called my office to Substances Act allows prosecutors to punish slipped into Hillory's drink and soon after- share the painful account of how her family al- anyone who uses this scheduled drug in any wards, Hillory complained of feeling sick with most had to prepare for her brother's death. sexual assault crime to suffer penalties under a severe headache. There was also a recent incident in Michi- the Drug Induced Rape Prevention and Pun- She went home to bed, but the next morn- gan where four teenagers at a party ingested ishment Act. This bill would increase the sen- ing, Hillory was found by her grandmother un- GHB and lapsed into comas. This occurred tence for someone using GHB to commit a conscious and unresponsive. Hillory was during the Fourth of July holiday. sex crime to 20 years imprisonment. rushed to the hospital where she later died. One Houston, Texas area resident by the However, this bill protects people with The cause of Hillory's death remained a mys- name of Craig told media officials that ``the cataplexy by providing an exemption for those tery until it was finally detected by medical ex- use is rampant.'' ``Drug use GHB spread to enrolled in clinical trials now, and later it re- aminers after receiving a report from the Har- many of the area after-hours clubs.'' Craig schedules the drug once it has been approved ris County Organized Crime and Narcotics grew interested in GHB after reading about by the FDA. Task Force about a new date-rape drug that the drug on the Internet and in a book he The distribution of the drug would be strictly was starting to show up in area nightclubs. I introduced H.R. 1530 on May 5, 1997. The found in a popular bookstore. The book de- controlled to ensure that only patients in need bill had several cosponsorsÐRepresentatives scribed using GHB to increase one's sense of of this drug would have access to it. Any illicit touch and sexual prowess. So he bought a use of GHB would result in the enhanced sen- MCKINNEY, MEEK, TAUSCHER, KILPATRICK, tence penalties. LOWEY, MORELLA, VELAÂZQUEZ, MILLENDER- quantity of itÐgenerally it costs about $10 a This bill also provides for a grant by the De- MCDONALD, BISHOP, PALLONE, WEXLER, capfulÐfrom someone in a nightclub. He then partment of Justice to research a forensic test STABENOW, MCCARTHY of Missouri, ROYBAL- distributed it to friends at a private party. GHB to assist law enforcement in detecting GHB on ALLARD, BENTSEN, DELAURO, HINOJOSA, made Craig pass out and he remembered the street. This would improve the ability to RODRIGUEZ, REYES, and SERRANO. nothing of the party. The Subcommittee on Crime held a hearing These tragedies underscore the importance prosecute date rape and other crimes involv- in July 1998 in which there were several wit- of this legislation. All of these incidents among ing this substance. This provision provides law nesses. These witnesses included Raul young people are strong evidence that this enforcement with a crucial tool in fighting this Farias, Hillory's uncle and Dr. Joye Carter, the drug has a high potential for abuse and must drug on the street. Harris County Medical Examiner who deter- be placed on the schedule for the Controlled This bill reaches a compromise that will mined that GHB was the official cause of Substances Act. benefit the patients who desperately need this Hillory's death. Without this bill, illicit use of GHB would in- drug for treatment and law enforcement agen- H.R. 1530 received the bipartisan support of crease dramatically. There are undoubtedly cies that need the tools to fight the use of this the Crime Subcommittee and was reported fa- other deaths that may not have been classi- drug among young people. vorably for consideration on the floor. fied as GHB-related because the drug is not a As I stated earlier, I have been working to Earlier this session, I introduced H.R. 75, part of a standard toxicology screen. pass legislation to schedule this drug for a similar to H.R. 1530 from the 105th Congress. GHB has been used to render victims help- long time now because I do not want to see This summer, I worked closely with Members less to defend against attack and it even any more young lives cut short by GHB. There of the Commerce Committee, Representatives erases any memory of the attack. The recipe are many people who have been resources to UPTON, STUPAK and BLILEY and Mr. DINGELL for this drug and its analogs can be accessed my staff these three years and I would like to for this version under the consideration, H.R. on the Internet. Currently, GHB is not legally thank them publicly for their work. 2130. produced in the United States. It is being I would like to thank all of the people who Unfortunately, Hillory's death was not the smuggled across our borders or it is being ille- have been involved with this process from the only tragedy of this drug. The Houston Poison gally created here by ``bathtub'' chemists. beginning and who provided me with informa- Control reports indicate that as many as 30 As a drug of abuse, GHB is generally in- tion about this drug. One such person is people have overdosed on the drug and been gested orally after being mixed in a liquid. The Trinka Porrata, a retired member of the Los treated in emergency rooms in the past six onset of action is rapid, and unconsciousness Angeles police department. She has been a months. In fact, Mike Ellis, Director of Poison can occur in as little as 15 minutes. Profound strong advocate for this legislation. Control, stated back in 1996 that the majority coma can occur within 30 to 40 minutes after I would like to thank the Farias family for of cases that his agency has been seeing over ingestion. sharing their story to help us inform others the past few years have resulted from people GHB has also been used by drug abusers about this drug. Their tragedy and loss cannot rushed to the hospitals because they could not for its alleged hallucinogenic effects and by be overlooked and I appreciate their patience breathe or they passed out in their cars and bodybuilders who abuse GHB for an anabolic with us. We have worked closely with Hillory's nobody could rouse them. My office has been agent or as a sleep aid. family and the Harris County medical exam- contacted by the families of several victims of I believe that by classifying this drug now, iner, Dr. Joye Carter since I first introduced this drug since March of this year telling sto- we send a strong message to those who this bill. ries of how the drug, GHB has impacted their would use this drug and its analogs to commit I would also like to thank the other families lives. crimes against women. of the other victims who have shared their H9870 CONGRESSIONAL RECORD — HOUSE October 12, 1999 stores with us as well. With the passage of Then maybe you remember feeling so safe member ever feeling ill—just that pleasant this bill today, I hope that there will some com- and secure, just a little tired. You remember want-to-take-a-nap thing you felt early on. fort brought to those families that their loved feeling all was A–OK, but you just wanted to Or maybe you don’t wake up—EVER. take a comfy nap. You slumped to the floor, Maybe your body had the ultimate bad day. ones did not die or suffer in vain. but you weren’t at all mindful of where you I would also like to thank my colleagues on were. The floor or a char or couch or bed—it U.S. DEPARTMENT OF JUSTICE— the Commerce Committee, for helping to just didn’t matter. You were so very very DRUG ENFORCEMENT ADMINISTRATION, move this legislation through that CommitteeÐ cool. Washington, DC, October 12, 1999. Representatives UPTON, STUPAK, BLILEY, DIN- Now about that comfy nap you wanted to Hon. SHEILA JACKSON-LEE, GELL and BILIRAKIS. I would also like to thank take. You thought you were just nodding off. U.S. House of Representatives, Washington, DC. the staff members at the Commerce Com- You know, head bobbing just a little to the DEAR CONGRESSWOMAN JACKSON-LEE: I am pleased to provide you with the Drug En- mittee for their hard work, especially John side—gently as you were trying to doze off. That’s how YOU recall it. Well, to those forcement Administration’s (DEA) position Ford with the Minority staff and John Manthei standing around you it was much different. on H.R. 2130, which schedules gamma- with the Majority staff. Also my staff members, Your body was jerking away. Some call it hydroxybutyrate (GHB) under the Controlled Leon Buch, Ayonna Hawkins, and Oliver seizures. Doctors call it clonic muscle move- Substances Act (CSA). We in DEA appreciate Kellman. ments—Whatever. In any case, it was much your steadfast support for controlling GHB, I would also like to thank the Members of more dramatic than your mind remembers which has taken a terrible toll on too many the Judiciary Committee for their work on this it. Your body was having a really, really bad individuals. issue last year and this yearÐespecially day. The DEA continues to be concerned about Then there’s that g-r-o-s-s vomiting you the illicit production, trafficking, diversion Ranking member CONYERS, Representatives were doing. and public health risks associated with abuse SCOTT, MCCOLLUM and Chairman HYDE. Last Like it was just normal. of GHB. GHB has not been approved for med- year we had a hearing on the issue in the Like you were spitting tobacco in a spit- ical use in the United States by the Food and Crime Subcommittee and it shed a lot of light toon. Drug Administration (FDA). Although the on the issue of date rape and illicit drug abuse Don’t remember it at all do you? importation, distribution and use of GHB as of GHB. Your body was having a bad, bad, really a drug are not allowed by the FDA, except I also want to thank Mr. BROWN, Congress- bad day with that. for research, the data available to DEA By now your pulse was slowing. Respira- shows that there is a significant and wide- woman STABENOW of Michigan for their efforts. tions were slowing. Your blood pressure was spread abuse problem with GHB. This infor- Finally, I would like to thank my staff for down a bit. mation has been collected through tradi- their hard work on this issue. Again, I thank Then your twitching, jerking, stinky body tional data sources, including the Drug my colleagues for their support of this legisla- just stopped moving completely. You didn’t Abuse Warning Network (DAWN), the Cen- tion. respond at all to people talking to you or ters for Disease Control (CDC), and toxi- Mr. Speaker, I submit for the RECORD shaking you. You weren’t breathing regu- cological laboratories, emergency rooms, ‘‘While You Were Sleeping,’’ a chron- larly (also known as apnea) and had very de- and medical examiners. The DEA has docu- icle of a GHB trip by Trinka Porrata, pressed breathing. Like maybe just six times mented 5,500 cases of overdose, toxicity, de- as well as correspondence from the per minute. pendence and law enforcement encounters. Your level of consciousness at this stage in DEA. DEA has obtained documentation in the the ER is called a Glascow Coma Score of 3 form of toxicology, autopsy and investigator WHILE YOU WERE SLEEPING . . . (AKA—THE (on a scale of 3–15). reports from medical examiners on 49 deaths TRUTH ABOUT GAMMA HYDROXY BUTYRATE) If you were in an ER now, they’d be pinch- that involved GHB. TO PROTECT AND SERVE—AND IN THIS CASE TO ing your fingernails and beating on your In light of the continued illicit production, HOPEFULLY SAVE YOU FROM YOURSELF sternum to test for your level of conscious- trafficking, abuse and public health risk of (By Trinka Porrata) ness. GHB, the DEA strongly supports the control Oh, and, dig this, a cadaver (a dead body) of GHB in Schedule I of the CSA. In addition, You thought it was a good trip, but . . . scores a GCS 3 too. the DEA supports the treatment of gamma while you were sleeping . . . Your body en- You were nearly dead. Of course, if you butyrolactone (GBL) and 1,4-butanediol as dured a reeeeeally BAD trip! were the one trying to impress your pals and controlled substance analogues when in- First, you took that little capful of salty took a big slug of it—you may have skipped tended for human consumption and the list- tasting stuff that your ‘‘friend’’ told you right on through most of these stages and ing of GBL, the precursor to GHB, as a List would help develop lean muscle mass or lose began frothing up blood right away—and I chemical. weight or improve your sex life, or well, just came to this standstill really fast. . .. Placing GHB in Schedule I under the CSA, give you a buzz—(but did your friend tell you Meanwhile, your good ‘‘friends’’ were which your legislation proposes, imposes the it is degreasing solvent—or floor stripper— partying around you. severest criminal penalties and appropriate mixed with drain cleaner?!?!?) They tossed you into a corner to let you regulatory requirements necessary for a drug Maybe it was even in a bottle marked sleep it off. Part of the time you may have with high abuse potential and which is not ‘‘Blue Nitro’’ or ‘‘Renewtrient’’ or been breathing loudly, but not necessarily. currently available for marketing. Such a Revivarant’’ or ‘‘Fire Water’’ or ‘‘Remforce.’’ They couldn’t hear you anyway because of placement sends the appropriate message to Ok, that’s still just floor stripper. the loud music. federal, state and local law enforcement or- Anyway—maybe you were trying to im- They elect not to call 911 because some ganizations, prosecutors, medical profes- press your buddies and took a big slug of goofball on the Internet says not to bother— sionals, educators, and others that GHB is a that nasty stuff instead of just the capful you’ll just sleep it off and calling 911 could highly abuseable drug and will give those they told you to take . . . be expensive if they try to nail you for the law enforcement officers and prosecutors the Or—maybe your ‘‘friend’’ told you nothing hospital bill and besides, it’ll attract atten- necessary legal tools to combat this growing and just slipped it into your drink—talked tion from the police. problem. you into trying a Long Island Ice Tea So they leave you there—and check on you If GHB is approved for marketing by the maybe—or some other unusual drink. once in a while . . . FDA, GHB will have a currently accepted And you sort of remember that really sud- HELLO— medical use in treatment in the United den, wild, giddy high you felt from it. You Check on you for what? States. Should that occur, the DEA would remember how the bass beat of the music be- So while they are partying, you just forget move the GHB-containing product into what- came overwhelmingly loud and. . . . you re- to breathe. Or that chewing gum in your ever Schedule is justified by its actual abuse member walking across the dance floor, but mouth rolls into the back of your throat and and the scientific knowledge about its abuse it was sort of like . . . it was happening to seals off the airway (you don’t have a gag re- and dependence potentials at that time. The you, but like you were watching yourself flect now, thanks to GHB, that might make data collected to date would support control move on TV. Sort of an ‘‘out of body’’ gig. you cough and save yourself). of the GHB product in Schedule II. Of course, you may (or may not) remember Or you vomit and you’re lying on your If I may be of further assistance to you in dancing wildly and sexually groping those back and you literally drown in it because, this matter, please do not hesitate to con- around you—with little regard for which again, you can’t gag and save yourself. tact me. gender you were grabbing (you see, it is You are in an unarousable coma. Sincerely, disinhibiting—and gender concerns may It isn’t what life is supposed to be about. CATHERINE H. SHAW, fade). Or maybe during this time—your new Chief, Office of Congressional and And maybe you remember (or maybe not) ‘‘friend’’ is raping you. Public Affairs. wildly climbing all over that virtual strang- And then, about four or five hours after er who bought you that unusual drink. you took that fateful drink—maybe you Mr. BROWN of Ohio. Mr. Speaker, I Or maybe you’re the ‘‘mean drunk’’ kind wake up suddenly and it’s all over! yield myself the balance of my time. and you got obnoxious with all around you, Of course, you may wonder where that Mr. Speaker, again I would like to waiting to fight anyone in your way. vomit came from, because you may not re- commend the authors of the bill, the October 12, 1999 CONGRESSIONAL RECORD — HOUSE H9871 gentlewoman from Texas (Ms. JACK- from Michigan (Mr. STUPAK), the gen- As you may know, Mr. Speaker, this legisla- SON-LEE) and the gentleman from tleman from Michigan (Mr. DINGELL), tion is the product of an Oversight and inves- Michigan (Mr. UPTON) and especially and the gentleman from Virginia (Mr. tigations Subcommittee hearing I held earlier the gentleman from Michigan (Mr. BLILEY) in conjunction with the Com- this year that focused on the abuse of ``date STUPAK), who pointed out in com- mittee on the Judiciary. This is the rape'' drugs, the law enforcement challenges mittee and on the floor that this legis- finest hour of those two committees in battling their abuse, and the administrative lation, aimed at getting GHB out of the working together. procedures involved in scheduling the drugs hands of children and criminals, should I might add as I close in thanking the under the Controlled Substances Act. I held not at the same time inadvertently sti- gentleman from Michigan (Mr. UPTON) that hearing after reading about two young fle beneficial use of the drugs. especially, as we have worked together, Michigan women whose drinks were laced GHB holds promises and treatment is that those young women in taking with GHB at a party they were attending. Both for narcolepsy, a debilitating and po- that drug would fail to remember any- fell into a coma, and sadly, one died. tentially fatal illness that affects thing that ever happened to them and Since that hearing, I have read far too many 250,000 Americans; and this bill, Mr. could not provide any evidence to po- other stories of young women in Michigan and Speaker, allows under carefully cir- lice if they were sexually assaulted. It across the nation being given GHB and similar cumscribed conditions the use of GHB is the worst kind of drug. drugs, such as GBL, a precursor to GHB, and for medical research and treatment. So I hope the efforts that we are try- ketamine, a fast-acting anesthetic used in vet- It certainly has its insidious uses. ing with the campaign, with the attor- erinary medicine. Simply put, these drugs are That is the main thrust of this bill, as ney general, and the Health and killing our young people. Those who survive it should be. It also has some poten- Human Services Secretary will make ingesting these drugs are too often dealing tially miraculous ones. This bill I be- this go away. with the painful consequences of rape or other lieve, Mr. Speaker, successfully ad- But again, I thank the gentleman sexual abuse. dresses both. I look forward to its pas- very much for his leadership on this The abuse of ``date rape'' drugs, principally sage this year. issue. GHB, ketamine, and GBL, has substantially in- Mr. Speaker, I yield back the balance Mr. UPTON. Mr. Speaker, reclaiming creased in recent years and continues to of my time. my time, I appreciate the comments of grow. The Drug Enforcement Administration, The SPEAKER pro tempore (Mr. the gentlewoman. the DEA, has documented over 4,000 SHIMKUS). The gentleman from Michi- Mr. Speaker, I also want to thank overdoses and law-enforcement encounters gan (Mr. UPTON) has 4 minutes remain- the staff from the committees from the with GHB and 32 GHB-related deaths. At least ing. get-go to make sure that we drafted 20 States have scheduled GHB under state Mr. UPTON. Mr. Speaker, I yield my- and crafted a bill that would muster drug control statutes, and law enforcement of- self such time as I may consume. the test that all of us want with the ap- ficials continue to see an increased presence Mr. Speaker, again I wanted to thank propriate end result. of the drug in sexual assault, driving under the my colleagues. This bill would not have Mr. BILIRAKIS. Mr. Speaker, I rise in strong influence (DWI), and overdose cases involving happened without the great work done support of H.R. 2130, ``The Hillory J. Farias teenagers. on both sides of the aisle, and in par- Date Rape Prevention Drug Act of 1999.'' This With respect to ketamine, from 1992 ticular, the gentlewoman from Texas important, bipartisan legislation was unani- through 1998 the DEA has documented more than 560 incidents of the sale and/or use of (Ms. JACKSON-LEE) who came to our mously approved by my Health and Environ- committee and testified and her work ment Subcommittee in July of this year, and ketamine in our nation's junior highs, high in the previous Congress, as well. the full Commerce Committee passed the schools, and college campuses. This abuse has to stop. By passing this bill This morning, I met with a number measure in August. today, we are taking a significant step forward of students in my district on a college H.R. 2130 was introduced by Representa- in getting these products out of the hands of campus. I know we have done some tive FRED UPTON, joined by Representatives sexual predators and protecting our nation's very good things here. The awareness TOM BLILEY, BART STUPAK and SHELIA JACK- youth. level is up. Whereas, a year or two ago, SON-LEE. The bill amends the Controlled Sub- Following the recommendations of the DEA, I do not think that awareness level was stances Act to make GHB a Schedule I drug, H.R. 2130 would amend the Controlled Sub- there. But now, in fact, warnings are the DEA's most intensively regulated category stances Act to make GHB a Schedule I drug, posted in a lot of dorms and many cam- of drugs. GHB is a central nervous system de- the DEA's most intensively regulated category puses across the country. The word is pressant that has been abused to assist in the of drugs. In addition, H.R. 2130 places out, particularly among college commission of sexual assaults. ketamine in Schedule III of the Controlled women, that they have to be careful H.R. 2130 also schedules ketamine, an ani- Substances Act and lists GBL, the primary and they need to go to parties with a mal tranquilizer that has been similarly precursor used in the production of GHB, as friend and they need to make sure that abused, as a Schedule III drug. As a further List I chemical. whatever they are drinking, a soft protection, H.R. 2130 lists GBL, the primary H.R. 2130 would thus provide law enforce- drink or whatever it might be, it needs precursor used in the production of GHB, as ment officers and prosecutors with tough new to be watched carefully. a List I chemical. These three compundsÐ tools to prosecute those who would use these There is an awareness, too, by par- GHB, ketamine, and GBLÐare more com- drugs for criminal purposes or otherwise ents warning their daughters in par- monly known as ``date rape'' drugs. abuse them. In addition, it would control ticular as they go off to school, par- The bill before us includes language de- chemicals being increasingly used to produce ticularly now as this school year has signed to protect very important and promising a ``GHB effect,'' and would strike at the very started off, to be careful. research on an orphan drug that contains source of many of these illegal substancesÐ This is a nightmare. It needs to end. GHB and is used in the treatment of narco- chemicals ordered over the Internet and This bill does that in a very strong and lepsy patients. These provisions were adopted shipped by mail. bipartisan way that deserves enact- as an amendment when the bill was consid- At the same time, it protects the legitimate ment into law. ered by my Health and Environment Sub- medical use of these substances. I know that I appreciate everyone’s support, ev- committee. many of you have heard from narcolepsy re- eryone’s statements today. I urge my colleagues to join me in sup- searchers and patients who are concerned Ms. JACKSON-LEE of Texas. Mr. porting passage of H.R. 2130, the Hillory J. that by placing GHB in Schedule I, we will dis- Speaker, will the gentleman yield? Farias Date Rape Prevention Drug Act of rupt promising clinical trials testing this drug Mr. UPTON. I yield to the gentle- 1999. as a treatment for a particularly severe form of woman from Texas. Mr. UPTON. Mr. Speaker, I rise in support narcolepsy. I want to assure everyone that this Ms. JACKSON-LEE of Texas. Mr. of H.R. 2130, the Hillory J. Farias Date Rape concern was addressed when the bill was in Speaker, I want to thank the gen- Drug Prevention Act of 1999. I introduced this committee. It was amended to place GHB tleman from Michigan (Mr. UPTON) legislation with my colleagues Mr. BLILEY, the which is being used in an FDA-approved clin- again for the persistence, for the deter- Chairman of the Commerce Committee, and ical trial in Schedule III, but with Schedule I mination in which he led his sub- Mr. STUPAK and Ms. JACKSON-LEE, who have penalties for its misuse. Further, should the committee, the gentleman from Flor- been real leaders in the fight to control date FDA approve GHB as a treatment for narco- ida (Mr. BILIRAKIS), the gentleman rape drugs. lepsy, the prescription form will be in Schedule H9872 CONGRESSIONAL RECORD — HOUSE October 12, 1999 III, but only for the prescribed use. Again, By passing H.R. 2130 we will take a signifi- the Federal Motor Carrier Safety Pro- Schedule I penalties would apply. An indi- cant step forward in giving law enforcement gram. The intent of this provision is to vidual with a prescription for a GHB product organizations the tools they need to get ``date force a transfer of the Office of Motor who is passing the drug around at a party will rape'' drugs off of the streets and to protect Carriers out of the Federal Highway be committing a crime punishable by the se- our nation's children. By doing so, hopefully Administration. verest penalties under the Controlled Sub- we can ensure that further incidents similar to The provision, however, has a serious stances Act. the events in Michigan and Texas do not unintended effect. It did not transfer This bill attacks date rape drug abuse by occur again. all the legal authorities required to en- educating young people, law enforcement offi- Once again, I would like to take this oppor- force Federal truck safety regulations. cers, educators, and medical personnel about tunity to commend Mr. UPTON, Mr. STUPAK, And so, in effect, it left some of these the dangers of these drugs and the penalties and Ms. JACKSON-LEE for their leadership on authorities stranded within the Fed- for their abuse. It would further assist law en- this issue, and I look forward to seeing H.R. eral Highway Administration and pre- forcement officers by providing for the devel- 2130 passing the Full House and being signed vented them from being carried out by opment of a forensic field test to detect the into law. any entity within the Department of presence of GHB and related substances. Mr. UPTON. Mr. Speaker, I yield Transportation. Finally, it provides for an annual report on back the balance of my time. Last Thursday, the Subcommittee on incidence of date-rape drug abuse so that we The SPEAKER pro tempore. The Ground Transportation of the Com- can ensure that the steps we are taking with question is on the motion offered by mittee on Transportation and Infra- this bill and in other areas are working to pro- the gentleman from Michigan (Mr. structure held a hearing on this provi- tect our young people and discourage the use UPTON) that the House suspend the sion to hear from the Department of of these substances. rules and pass the bill, H.R. 2130, as Transportation on how this provision Mr. BLILEY. Mr. Speaker, I rise in support amended. would be implemented and how it will of H.R. 2130, ``The Hillory J. Farias Date Rape The question was taken. impact the ability of the Department Prevention Drug Act of 1999.'' As you know, Mr. UPTON. Mr. Speaker, I object to of Transportation to ensure our Na- along with Mr. UPTON, Mr. STUPAK, and Ms. the vote on the ground that a quorum tion’s highways are safe. JACKSON-LEE, I am an original sponsor of this is not present and make the point of The Department’s general counsel de- important legislation to address the growing order that a quorum is not present. scribed how the Department of Trans- problem of the abuse of ``date rape drugs'' The SPEAKER pro tempore. Pursu- portation will be hampered in its truck and I strongly urge all of my colleagues to ant to clause 8, rule XX, and the safety enforcement efforts. For exam- vote in favor of this bipartisan bill. Chair’s prior announcement, further ple, the Department will no longer be Earlier this year, the Commerce Commit- proceedings on this motion will be able to work with the U.S. Attorney’s tee's Oversight and Investigations sub- postponed. Office, the Inspector General’s Office, committee held a hearing on Date Rape The point of no quorum is considered or the Federal Bureau of Investigation. drugs, and the problems in battling their withdrawn. The Department will no longer be able abuse. At the hearing, we heard from the f to assess fines for safety violations. DEA, the Department of Justice, the FDA, and Clearly, the appropriations act provi- many state and local law enforcement officials, INTERIM CONTINUATION OF AD- sion has the effect of reducing highway and all of them urged Congress to have these MINISTRATION OF MOTOR CAR- safety by denying important enforce- drugs listed as controlled substances. RIER FUNCTIONS BY THE FED- ment tools to the Department. Improv- The bill does just that. These drugs are all ERAL HIGHWAY ADMINISTRA- ing motor carrier safety has been a powerful sedatives, which in certain dosages TION major priority of this Congress and of can cause unconsciousness or even death. Mr. PETRI. Mr. Speaker, I move to The numbers of emergency room admissions this committee. Last year, the House suspend the rules and pass the bill Committee on Appropriations made an which are related to these drugs have dramati- (H.R. 3036) to provide for interim con- cally increased in recent years. For example, effort to strip the Federal Highway Ad- tinuation of administration of motor ministration of its motor carrier safety as many of you know earlier this summer 5 carrier functions by the Federal High- teenagers in Michigan shared a drink that was authority and move it to another area. way Administration, as amended. As the authorizing committee with laced with GHB. All 5 lapsed into comas, and The Clerk read as follows: nearly died. Also, as many of you know, this jurisdiction over motor carrier safety, legislation is named after a young Texas H.R. 3036 we oppose this since it had never been woman, Hillory Farias, who died after a dose Be it enacted by the Senate and House of Rep- considered by the committees of the of GHB. resentatives of the United States of America in House or Senate with authorizing au- Congress assembled, Significantly, the legislation before us today thority. also protects years of promising research by SECTION 1. MOTOR CARRIER SAFETY ENFORCE- Ultimately, the provision was MENT AUTHORITY. dropped and we pledged that we would providing for a limited exemption from Sched- Section 338 of the Department of Transpor- ule I manufacturing and distributing facility se- tation and Related Agencies Appropriations look very carefully at the issue of curity requirements for facilities manufacturing Act, 2000 is amended by striking ‘‘521(b)(5)’’ motor carrier safety, and we have done and distributing GHB for a FDA approved clin- and inserting ‘‘chapters 5 and 315’’. so. We held a series of comprehensive ical study, and, following the recommendations SEC. 2. EFFECTIVE DATE. hearings and have produced what we of the Department of Health and Human Serv- This Act (including the amendment made feel is a solid bipartisan bill, H.R. 2679, ices, places an FDA approved GHB drug by this Act) shall take effect on October 9, that will be considered by the House product into Schedule III of the Controlled 1999. probably later this week. Substances Act. However, to ensure that the The SPEAKER pro tempore. Pursu- H.R. 2679 creates a new agency, the drug products are not improperly abused, the ant to the rule, the gentleman from National Motor Carrier Administra- bill adds additional reporting and accountability Wisconsin (Mr. PETRI) and the gen- tion, to oversee all Federal truck safe- requirements similar to the requirements for tleman from West Virginia (Mr. RA- ty efforts and include important safety Schedule I substances, Schedule II drugs, and HALL) each will control 20 minutes. reforms. The bill we are considering Schedule III narcotics. For example, if new The Chair recognizes the gentleman today does not overturn the appropria- narcolepsy drugs receive FDA approval, H.R. from Wisconsin (Mr. PETRI). tions act provision in any way. It sim- 2130 will still maintain the strict Schedule I Mr. PETRI. Mr. Speaker, I yield my- ply fixes its unintended consequences. criminal penalties for the unlawful abuse of the self such time as I may consume. The bill amends the appropriations act approved drug product. Simply put, these ad- Mr. Speaker, the Department of to ensure that all the enforcement ditional requirements and penalties in my opin- Transportation Appropriations Act for powers are restored to the Secretary ion provide greater protection to our nation's budget year 2000, which was signed by for budget year 2000. youth, and to give law enforcement agencies our President on Saturday, contains a The bill restores all safety enforce- the ability to penalize those who abuse this provision that is clearly authorizing in ment powers to the Department, where product, while protecting certain important ad- nature, prohibiting the Federal High- they will be administered by the Office vances in new drug development. way Administration from carrying out of the Secretary so that safety is not October 12, 1999 CONGRESSIONAL RECORD — HOUSE H9873 reduced while Congress considers com- tions against truckers who violate Fed- Mr. Speaker, I rise in support of the prehensive motor carrier safety legisla- eral safety regulations. And to make bill, H.R. 3036, as amended. It provides tion. matters even worse, the Department the authority to the Secretary of I urge my colleagues to vote for H.R. cannot even provide support to the Transportation to assess civil penalties 3036. U.S. Attorney for criminal prosecu- against violators of truck safety and to Mr. Speaker, I reserve the balance of tions or lend support in FBI investiga- ensure that truck safety receives the my time. tions. scrutiny it deserves. Mr. RAHALL. Mr. Speaker, I yield 30 Imagine that, just imagine that if a As the House knows, this will make a seconds to the gentleman from Min- roadside inspection or as a result of a big difference in the 5,300 annual fatali- nesota (Mr. SABO) the distinguished compliance review conducted by Fed- ties that has remained unchanged for and very capable ranking minority eral officials, a trucker is found to be several years. The number of annual fa- member of the Subcommittee on in violation of safety standards, a talities equates to a major aviation ac- Transportation of the Committee on threat to human life and safety, as a cident every 2 weeks. A reform of the Appropriations. result of that legislative rider on the Office of Motor Carriers to improve (Mr. SABO asked and was given per- appropriations bill, no penalties can be truck safety is long overdue. mission to revise and extend his re- assessed. I want to personally thank the gen- marks.) Oh, yeah, a slap on the wrist perhaps, tleman from Wisconsin (Mr. PETRI), the Mr. SABO. Mr. Speaker, I thank the an admonishment to not do it again or gentleman from Pennsylvania (Mr. gentleman from West Virginia (Mr. RA- to slow down, but that is pretty much SHUSTER), the gentleman from West HALL) for yielding me the time. it. It is pretty much like taking away Virginia (Mr. RAHALL) and the gen- Mr. Speaker, I rise in support of H.R. from the police the ability to write tleman from Minnesota (Mr. OBERSTAR) 3036 and urge its adoption. tickets for speeding and other driving for this language. I think it is very Mr. Speaker, I rise to support the com- infractions. Getting pulled over, grant good. It is very, very responsible. promise language on H.R. 3036 offered by the you, may be an inconvenience, but will My sense is that because of the effort gentleman from Wisconsin. speeding and aggressive driving be con- that the Committee on Transportation This language addresses the problem at trolled if traffic tickets could not be and Infrastructure has done, it will ac- hand; that is, ensuring that the Department of issued? I think not. Certainly not. tually end up working together to save Transportation continues to have the ability to Today, then, all Americans should be lives. And so for the gentleman from assess civil penalties for violations of motor aware that the trucking industry is op- Wisconsin (Mr. PETRI) who is handling carrier safety regulations. This provision cor- erating with impunity from the Fed- that, I want to thank him. rects a technical flaw in the wording of the FY eral Motor Carrier safety regulations. Mr. RAHALL. Mr. Speaker, I yield 2000 Department of Transportation Appropria- It is really the Wild West all over such time as he may consume to the tions bill that was signed into law on Saturday. again, but at this time it is taking gentleman from Minnesota (Mr. OBER- Mr. Speaker, with this provision and the ac- place on our Nation’s highways and by- STAR), the distinguished ranking mem- tions recently taken by the Secretary to move ways. ber of the full committee. the Office of Motor Carriers out of the Federal Mr. Speaker, this is a sad com- Mr. OBERSTAR. Mr. Speaker, I Highway Administration, the Department can mentary on what happens when bills thank the gentleman for yielding me begin immediately the important work of im- are rushed to the floor in a hasty man- the time. proving truck safety and enforcing truck safety ner and when legislative riders are Mr. Speaker, I rise in support of H.R. laws with a stronger hand. struck on appropriation measures in 3036, as amended, to restore the en- I urge the adoption of H.R. 3036. the middle of the night. There was sim- forcement authority and civil penalty Mr. RAHALL. Mr. Speaker, I yield ply no need for these shenanigans. authority to the proper office within myself such time as I may consume. The Committee on Transportation the Department of Transportation. Mr. Speaker, I wish to commend the and Infrastructure has reported com- I want to thank the chairman of our gentleman from Pennsylvania (Chair- prehensive motor carrier legislation, committee, the gentleman from Penn- man SHUSTER) and the gentleman from and we are prepared to bring it to the sylvania (Mr. SHUSTER) and the chair- Wisconsin (Mr. PETRI), the sub- House floor tonight. We recognize the man of the Subcommittee on Ground committee chairman, and the gen- pressing needs to improve truck safety, Transportation, the gentleman from tleman from Minnesota (Mr. OBER- and we are taking action to do so. This Wisconsin (Mr. PETRI), and our ranking STAR), the full committee ranking is the proper way to proceed, not with Democratic member the gentleman member, for the excellent work they these ill-conceived and ill-advised rid- from West Virginia (Mr. RAHALL) for have done in bringing this legislation ers to appropriations bills. Because of responding so promptly and so effec- before us today. that, today America is suffering. And tively to the obvious urgency presented The fact of the matter is that today, it is suffering from a lack of proper in the offending language in the fiscal on this very day, because of a legisla- truck safety regulation because of ar- year 2000 DOD appropriations con- tive rider tacked onto the transpor- rogance and misuse of the legislative ference report. tation appropriations act signed into process. b 1915 law on Saturday by the President, the The pending measure will correct Federal Government now has no au- this mistake. It simply restores the I want to take a moment to com- thority to enforce Federal truck safety Federal Government’s ability and au- mend the gentleman from Virginia regulations, none, no authority to en- thority to levy civil penalties for viola- (Mr. WOLF), the chairman of the Sub- force Federal truck safety regulations tions of truck safety regulations. This committee on Transportation of the for whatever infraction except immi- authority could be used by the newly Committee on Appropriations. He has nent hazard situations, this authority established Office of Motor Carrier at heart a genuine concern for safety is totally lacking. Safety established by the Secretary of and has moved the debate in the right This is because the Republican lead- Transportation on Saturday after the direction. I appreciate his initiative. ership rushed that bill through Con- President signed the bill into law. Unfortunately, the initiative crafted, gress in a roughshod and cavalier fash- Mr. Speaker, I reserve the balance of perhaps in haste, without full apprecia- ion. They did it so fast, tucking this my time. tion, misses the mark. It is not the legislative rider and authorization Mr. PETRI. Mr. Speaker, I yield 2 gentleman’s intention to derogate safe- really on an appropriations measure, minutes to the gentleman from Vir- ty, but it was the result of this section that apparently it did not occur to the ginia (Mr. WOLF) the distinguished 338 in the conference report. Republican leadership that this rider chairman of the Appropriations Sub- When the appropriations bill was prohibits the Secretary of Transpor- committee on Transportation. signed into law last Saturday, the pro- tation from assessing fines against a (Mr. WOLF asked and was given per- vision required an immediate reorga- trucking company for safety viola- mission to revise and extend his re- nization of the motor carrier safety tions. marks.) function within the Federal Highway Not only that, Mr. Speaker, but the Mr. WOLF. Mr. Speaker, I thank the Administration and within the Depart- Department cannot seek civil injunc- chairman for yielding me the time. ment of Transportation. To Secretary H9874 CONGRESSIONAL RECORD — HOUSE October 12, 1999 Slater’s great credit, he did not wait a much more far reaching bill that ele- and the Administration, through the work of moment. The very day that the Presi- vates motor carrier safety to a new the Department’s Inspector General, Mr. dent signed the bill into law, Secretary level in the National Motor Carrier Ad- Norman Y. Mineta, and committee hearings and our own analysis, have identified the Slater directed the reorganization to ministration, in which we direct this need to increase the effectiveness of motor be done, immediately, over the week- new administration to consider the as- carrier programs. end. But he went only as far as the ap- signment and maintenance of safety as Both your Committee and the Senate Com- propriations bill allowed him to go. its highest priority. mittee on Commerce, Science, and Transpor- And because our committee has greater We do it right. We provide the au- tation have reported or will shortly report legislative history and experience with thority, we provide the civil penalty legislation to address the breadth of motor this law, we understood that there was powers, we provide cooperation with carrier safety issues. In July, the Adminis- tration submitted comprehensive legislation a shortcoming. In fact, we held a hear- the Justice Department, we provide as well. Many provisions in the three bills ing on the matter just to be precise funding for training and for enforce- can be combined now to give us truly effec- about our concerns, that without fur- ment authorities, we have a far reach- tive motor carrier legislation. The safety ther changes the reorganization would ing, comprehensive bill that does the gains in these proposals should be para- effectively handcuff and leg-shackle right thing in the right way. I under- mount, as reflected in the principle of H.R. the motor carrier enforcement efforts stand from the gentleman from Penn- 2679 that safety be the foremost consider- ation of the motor carrier group, and organi- of the Department of Transportation. sylvania (Mr. SHUSTER) that we will be Almost immediately upon passage of zational considerations should not supplant able to bring this bill to the House progress on the safety front. Therefore, I will the conference report, the Department floor on Thursday. I urge everyone to work with Congress to resolve these organi- of Transportation and others expressed support that bill as well as to support zational issues—in a way that ensures suc- serious concerns, our members and pro- the pending legislation. cessful implementation of our mutual safety fessional staff expressed serious con- Mr. PETRI. Mr. Speaker, I yield my- goals. cerns, and on the 7th of October, the self such time as I may consume. In May, I announced a comprehensive pro- Subcommittee on Ground Transpor- Mr. Speaker, as I indicated earlier, in gram to address motor carrier safety, setting tation of our committee held a hearing a goal of a 50 percent reduction in fatalities summary the bill restores all safety en- from motor carrier-related crashes over the to explore those concerns publicly. I forcement powers to the Department next ten years. The Department has redou- asked the Department of Transpor- where they will be administered by the bled its efforts over the past year, imple- tation’s general counsel, Nancy McFad- Office of the Secretary for fiscal year menting a series of actions to strengthen our den, at that hearing whether the De- 2000 only, so that safety is not reduced program. We developed a draft Safety Action partment would be able to assess fines while Congress considers comprehen- Plan with approximately 65 specific safety or seek injunctive relief against a sive motor carrier safety legislation. initiatives to be completed in the next three years. motor carrier that DOT had found in I would just like to read, if I could To date, we have doubled the number of violation of motor carrier laws. She briefly, from a letter from our United compliance reviews accomplished by safety said no. She said further that DOT em- States Secretary of Transportation, investigators each month. Comparing the pe- ployees would not be allowed to work Rodney Slater, that is dated today: riods January to April 1999 and May to Au- with a U.S. attorney in pursuing civil ‘‘I am writing to urge Congress to act gust 1999, total compliance reviews increased or criminal enforcement in court, that quickly on legislation to restore en- 59 percent. Financial penalties have in- the Department would not be able to forcement authorities underlying our creased from an average of $1,600 to $3,200 per force a carrier to comply with Federal enforcement case. The backlog of enforce- motor carrier safety programs that ment cases has been reduced by two-thirds, law or regulation. But she also said were suspended October 9 as a result of from 1,174 to 363. The number of Federal in- that those shortcomings, very serious enactment of H.R. 2084, the Depart- vestigators at the U.S. Mexico border has in- ones, could easily be corrected, and ment of Transportation Appropriations creased from 13 to 40—a 200-percent increase. that is why we are here today. Act. I urge action by Congress as rapidly as pos- Now, the reason we are here is that ‘‘The need to act is clear. We cur- sible on the two bills, both of which are es- section 338 of the transportation appro- rently have 922 cases pending, involv- sential to strengthening our motor carrier priations bill prohibits the Federal ing a total of $6 million in outstanding safety programs. Sincerely, Highway Administration from spending civil claims. Our work with the Depart- RODNEY E. SLATER. money to carry out motor carrier safe- ment’s Inspector General and the U.S. Ms. JACKSON-LEE of Texas. Mr. Speaker, ty programs. Once that provision took Attorney’s office is in abeyance, and I rise in to address H.R. 3036 and truck safe- effect, no one in the new entity would the exercise of some other authorities ty. This bill suspends language in the Trans- have authority to initiate new civil is now subject to question.’’ portation Appropriations bill and restores re- penalty cases or continue existing civil Mr. Speaker, I submit the copy of his sponsibility for all truck safety activities to the penalty cases. Why? Very simply, the full letter for the RECORD. This is in re- Secretary of Transportation. This action comes reason for the anomaly is that the law sponse to a clear need outlined by the due to nearly 5,000 people being killed in vests civil penalty authority only in Secretary of Transportation. I urge truck related accidents in each of the past the Federal Highway Administration speedy passage of this legislation. three years on our nation's highways. There THE SECRETARY OF TRANSPORTATION, and in the administrator. The adminis- are many agencies within our government that trator may delegate that civil penalty Washington, DC, October 12, 1999. Hon. BUD SHUSTER, have a shared responsibility for safety on our authority to an office within the Fed- nation's highways, including the Transportation eral Highway Administration but not Chairman, Committee on Transportation and Infrastructure, U.S. House of Representa- Department, the NTSB and the Federal High- to an office outside the Federal High- tives, Washington, DC. way Administration. But despite much talk and way Administration. That is the key DEAR MR. CHAIRMAN: I am writing to urge discussion, several hearings, and meetings element that we have to correct and Congress to act quickly on legislation to re- over improving trucking safety we have had lit- which we do correct here with this leg- store enforcement authorities underlying tle action aimed at improving safety. islation, that the administrator cannot our motor carrier safety programs that were What we do have is accident after accident suspended October 9th as a result of enact- delegate the authority for civil pen- involving truck drivers who are too tired and alties enforcement or cooperation with ment of H.R. 2084, the Department of Trans- portation and Related Agencies Appropria- even drunk. A total of 5,374 people died in ac- the Department of Justice and, there- tions Act, 2000. cidents involving large trucks which represents fore, without this language, we would The need to act is clear. We currently have 13 percent of all the traffic fatalities in 1998 have had standing in law the Motor 922 cases pending, involving a total of and in addition 127,000 were injured in those Carrier Evasion Relief Act of 1999 in $5,985,000 in outstanding civil penalty claims. crashes. which motor carriers simply violate Our work with the Department’s Inspector In Houston, Texas, a man (Kurt Groten) 38 the law, cannot be pursued, cannot be General and the U.S. Attorney’s office is in years old and his three children David, 5, penalized and safety cannot be en- abeyance, and the exercise of some other au- Madeline, 3, and Adam, 1, were killed in a thorities is now subject to question. forced. With the language we bring to The need to act expeditiously on perma- horrific accident when a 18-wheel truck the House floor today, we correct that nent legislation that increases the resources crashed into their vehicle. His wife, the only problem. And, happily, we will also be and regulatory and enforcement tools of the survivor of the crash, testified in criminal pro- able to bring to the House floor our motor carrier office is also clear. Congress ceedings against the driver last week stating ``I October 12, 1999 CONGRESSIONAL RECORD — HOUSE H9875 saw that there was a whole 18-wheeler on top The SPEAKER pro tempore. Is there Doyle Kingston Porter Dreier Kleczka Portman of our car. * * * I remember standing there objection to the request of the gen- Duncan Klink Price (NC) and screaming, `My life is over! All of my chil- tleman from Wisconsin? Dunn Knollenberg Pryce (OH) dren are dead!' '' There was no objection. Edwards Kolbe Quinn Martinez was convicted on last Friday and Ehlers Kucinich Radanovich f Ehrlich Kuykendall Rahall the jury now must decide if he gets probation Emerson LaFalce Ramstad or up to 20 years in prison for each of the four ANNOUNCEMENT BY THE SPEAKER Engel LaHood Rangel counts of intoxication manslaughter. PRO TEMPORE English Lampson Regula This is but one example of the thousands of Eshoo Lantos Reyes terrible and fatal trucking accidents that are The SPEAKER pro tempore. Pursu- Etheridge Largent Reynolds ant to clause 8 of rule XX, the Chair Evans Larson Riley caused every year on our nation's roads and Everett Latham Rivers highways. will now put the question on each mo- Ewing LaTourette Rodriguez We need an agency within the government tion to suspend the rules on which fur- Farr Lazio Roemer to ensure that the rules are adhered to and ther proceedings were postponed ear- Filner Leach Rogan lier today in the order in which that Fletcher Lee Rogers those safety technologies like recording de- Foley Levin Rohrabacher vices are implemented into the system. I want motion was entertained. Forbes Lewis (CA) Ros-Lehtinen to ensure, like many Members, that there are Votes will be taken in the following Ford Lewis (GA) Rothman order: Fossella Lewis (KY) Roukema no more Mrs. Groten's in America. Fowler Linder Roybal-Allard Truckers are required to maintain logbooks House Resolution 303, by the yeas and Frank (MA) Lipinski Royce for their hours of service. But truckers have nays; Franks (NJ) LoBiondo Rush routinely falsified records, and many industry S. 800, by the yeas and nays; and Frelinghuysen Lofgren Ryan (WI) H.R. 2130, de novo. Frost Lowey Ryun (KS) observers say, to the point that they are often Gallegly Lucas (KY) Sabo referred to as ``comic books.'' In their 1995 The Chair will reduce to 5 minutes Ganske Lucas (OK) Salmon findings the National Transportation Safety the time for any electronic vote after Gejdenson Luther Sanchez the first such vote in this series. Gekas Maloney (CT) Sanders Board found driver fatigue and lack of sleep Gephardt Maloney (NY) Sandlin were factors in up to 30 percent of truck f Gibbons Manzullo Sanford crashes that resulted in fatalities. In 1992 re- Gilchrest Markey Sawyer port the NTSB reported that an astonishing 19 SENSE OF THE HOUSE URGING 95 Gillmor Martinez Saxton Gilman Mascara Schaffer percent of truck drivers surveyed said they PERCENT OF FEDERAL EDU- Gonzalez Matsui Schakowsky had fallen asleep at the wheel while driving. CATION DOLLARS BE SPENT IN Goode McCarthy (MO) Sensenbrenner Recorders on trucks can provide a THE CLASSROOM Goodlatte McCarthy (NY) Serrano Goodling McCollum Sessions tamperproof mechanism that can be used for The SPEAKER pro tempore. The Gordon McCrery Shadegg accident investigation and to enforce the pending business is the question of sus- Goss McDermott Shaw hours-of-service regulations, rather that relying pending the rules and agreeing to the Graham McGovern Shays on the driver's handwritten logs. Granger McHugh Sherman resolution, House Resolution 303, as Green (TX) McInnis Sherwood Mr. Speaker, I know that the trucking indus- amended. Green (WI) McIntosh Shimkus try is concerned by the added cost of the re- The Clerk read the title of the resolu- Greenwood McIntyre Shows corders. I also appreciate the fact that close to tion. Gutierrez McKeon Shuster eighty percent of this country's goods move by Gutknecht McKinney Simpson The SPEAKER pro tempore. The Hall (OH) McNulty Sisisky truck and that the industry has a major impact question is on the motion offered by Hall (TX) Meehan Skeen on our economy. But can we afford to put our the gentleman from Pennsylvania (Mr. Hansen Meeks (NY) Skelton wallets before safety? Ask yourselves where Hastings (FL) Menendez Slaughter GOODLING) that the House suspend the Hastings (WA) Metcalf Smith (MI) we would be without recorders in commercial rules and agree to the resolution, Hayes Mica Smith (NJ) aviation, rail, or the marine industry? I think House Resolution 303, as amended, on Hayworth Millender- Smith (TX) that I have good idea what the answer is, we which the yeas and nays are ordered. Hefley McDonald Smith (WA) would not know what caused that accident nor Herger Miller (FL) Snyder The vote was taken by electronic de- Hill (IN) Miller, Gary Souder would we be able to learn from our mistakes. vice, and there were—yeas 421, nays 5, Hill (MT) Miller, George Spence Mr. Speaker, let us vote today to put action not voting 7, as follows: Hilleary Minge Spratt behind our discussion and ensure that safety Hilliard Moakley Stabenow comes first. [Roll No. 491] Hinchey Mollohan Stark YEAS—421 Hinojosa Moore Stearns Mr. RAHALL. Mr. Speaker, I have no Hobson Moran (KS) Stenholm further requests for time, and I yield Ackerman Boehner Collins Hoeffel Moran (VA) Strickland back the balance of my time. Aderholt Bonilla Combest Hoekstra Morella Stump Mr. PETRI. Mr. Speaker, I yield back Allen Bonior Condit Holden Murtha Stupak Andrews Bono Conyers Holt Myrick Sununu the balance of my time. Archer Borski Cook Hooley Napolitano Sweeney The SPEAKER pro tempore (Mr. Armey Boswell Cooksey Horn Neal Talent SHIMKUS). The question is on the mo- Bachus Boucher Costello Hostettler Nethercutt Tancredo tion offered by the gentleman from Baird Boyd Cox Houghton Ney Tanner Baker Brady (PA) Coyne Hoyer Northup Tauscher Wisconsin (Mr. PETRI) that the House Baldacci Brady (TX) Cramer Hulshof Norwood Tauzin suspend the rules and pass the bill, Baldwin Brown (FL) Crane Hunter Nussle Taylor (MS) H.R. 3036, as amended. Ballenger Brown (OH) Crowley Hutchinson Oberstar Taylor (NC) The question was taken; and (two- Barcia Bryant Cubin Hyde Obey Terry Barr Burr Cummings Inslee Olver Thomas thirds having voted in favor thereof) Barrett (NE) Burton Cunningham Isakson Ortiz Thompson (CA) the rules were suspended and the bill, Barrett (WI) Buyer Danner Istook Ose Thompson (MS) as amended, was passed. Bartlett Callahan Davis (FL) Jackson (IL) Owens Thornberry Barton Calvert Davis (IL) The title of the bill was amended so Jackson-Lee Oxley Thune Bass Camp Davis (VA) (TX) Packard Thurman as to read: ‘‘A bill to restore motor car- Bateman Campbell Deal Jenkins Pallone Tiahrt rier safety enforcement authority to Becerra Canady DeFazio John Pastor Tierney Bentsen Cannon DeGette Johnson (CT) Paul Toomey the Department of Transportation.’’. Bereuter Capps Delahunt A motion to reconsider was laid on Johnson, E. B. Payne Towns Berkley Capuano DeLauro Johnson, Sam Pease Traficant the table. Berman Cardin DeLay Jones (NC) Pelosi Turner f Berry Carson DeMint Jones (OH) Peterson (MN) Udall (CO) Biggert Castle Deutsch Kanjorski Peterson (PA) Udall (NM) GENERAL LEAVE Bilbray Chabot Diaz-Balart Kaptur Petri Upton Bilirakis Chambliss Dickey Kasich Phelps Velazquez Mr. PETRI. Mr. Speaker, I ask unani- Bishop Chenoweth-Hage Dicks Kelly Pickering Vento mous consent that all Members may Blagojevich Clay Dingell Kennedy Pickett Visclosky have 5 legislative days within which to Bliley Clayton Dixon Kildee Pitts Vitter Blumenauer Clement Doggett revise and extend their remarks on Kind (WI) Pombo Walden Blunt Clyburn Dooley King (NY) Pomeroy Walsh H.R. 3036, the bill just passed. Boehlert Coble Doolittle H9876 CONGRESSIONAL RECORD — HOUSE October 12, 1999 Wamp Weldon (PA) Wise Condit Hoeffel Moran (KS) Stenholm Thurman Watt (NC) Watkins Weller Wolf Conyers Hoekstra Moran (VA) Strickland Tiahrt Watts (OK) Watt (NC) Wexler Woolsey Cook Holden Morella Stump Tierney Waxman Watts (OK) Weygand Wu Cooksey Holt Murtha Stupak Toomey Weiner Waxman Whitfield Wynn Costello Hooley Myrick Sununu Towns Weldon (FL) Weiner Wicker Young (AK) Cox Horn Nadler Sweeney Traficant Weldon (PA) Weldon (FL) Wilson Young (FL) Coyne Hostettler Napolitano Talent Turner Weller Tancredo Udall (CO) Wexler NAYS—5 Cramer Houghton Neal Crane Hoyer Nethercutt Tanner Udall (NM) Weygand Abercrombie Nadler Waters Crowley Hulshof Ney Tauscher Upton Whitfield Mink Scott Cubin Hunter Northup Tauzin Velazquez Wicker Taylor (MS) Vento Wilson NOT VOTING—7 Cummings Hutchinson Norwood Cunningham Hyde Nussle Taylor (NC) Visclosky Wise Coburn Kilpatrick Scarborough Danner Inslee Oberstar Terry Vitter Wolf Fattah Meek (FL) Davis (FL) Isakson Obey Thomas Walden Woolsey Jefferson Pascrell Davis (IL) Istook Olver Thompson (CA) Walsh Wu Thompson (MS) Wamp Wynn b Davis (VA) Jackson (IL) Ortiz 1945 Deal Jackson-Lee Ose Thornberry Waters Young (AK) Mrs. NORTHUP changed her vote DeFazio (TX) Owens Thune Watkins Young (FL) from ‘‘nay’’ to ‘‘yea.’’ DeGette Jenkins Oxley NAYS—2 Delahunt John Packard So (two-thirds having voted in favor DeLauro Johnson (CT) Pallone Chenoweth-Hage Paul thereof) the rules were suspended and DeLay Johnson, E. B. Pastor the resolution, as amended, was agreed DeMint Johnson, Sam Payne NOT VOTING—7 to. Deutsch Jones (NC) Pease Coburn Meek (FL) Scarborough The result of the vote was announced Diaz-Balart Jones (OH) Pelosi Jefferson Pascrell Dickey Kanjorski Peterson (MN) Kilpatrick Roukema as above recorded. Dicks Kaptur Peterson (PA) A motion to reconsider was laid on Dingell Kasich Petri b the table. Dixon Kelly Phelps 1953 f Doggett Kennedy Pickering So (two-thirds having voted in favor Kildee Dooley Pickett thereof), the rules were suspended and ANNOUNCEMENT BY THE SPEAKER Doolittle Kind (WI) Pitts the Senate bill was passed. PRO TEMPORE Doyle King (NY) Pombo Dreier Kingston Pomeroy The result of the vote was announced The SPEAKER pro tempore (Mr. Duncan Kleczka Porter as above recorded. SHIMKUS). Pursuant to the provisions Dunn Klink Portman Edwards Knollenberg Price (NC) A motion to reconsider was laid on of clause 8 of rule XX, the Chair an- Ehlers Kolbe Pryce (OH) the table. nounces that he will reduce to a min- Ehrlich Kucinich Quinn imum of 5 minutes the period of time Emerson Kuykendall Radanovich f within which a vote by electronic de- Engel LaFalce Rahall English LaHood Ramstad vice may be taken on each additional Eshoo Lampson Rangel HILLORY J. FARIAS DATE-RAPE motion to suspend the rules on which Etheridge Lantos Regula PREVENTION DRUG ACT OF 1999 the Chair has postponed further pro- Evans Largent Reyes ceedings. Everett Larson Reynolds The SPEAKER pro tempore. The Ewing Latham Riley f pending business is the question of sus- Farr LaTourette Rivers pending the rules and passing the bill, Fattah Lazio Rodriguez WIRELESS COMMUNICATIONS AND Filner Leach Roemer H.R. 2130, as amended. PUBLIC SAFETY ACT OF 1999 Fletcher Lee Rogan The Clerk read the title of the bill. The SPEAKER pro tempore. The Foley Levin Rogers The SPEAKER pro tempore. The Forbes Lewis (CA) Rohrabacher pending business is the question of sus- Ford Lewis (GA) Ros-Lehtinen question is on the motion offered by pending the rules and passing the Sen- Fossella Lewis (KY) Rothman the gentleman from Michigan (Mr. ate bill, S. 800. Fowler Linder Roybal-Allard UPTON) that the House suspend the The Clerk read the title of the Senate Frank (MA) Lipinski Royce rules and pass the bill, H.R. 2130, as Franks (NJ) LoBiondo Rush bill. Frelinghuysen Lofgren Ryan (WI) amended. The SPEAKER pro tempore. The Frost Lowey Ryun (KS) The question was taken; and the question is the motion offered by the Gallegly Lucas (KY) Sabo Speaker pro tempore announced that gentleman from Louisiana (Mr. TAU- Ganske Lucas (OK) Salmon the ayes appeared to have it. Gejdenson Luther Sanchez ZIN) that the House suspend the rules Gekas Maloney (CT) Sanders Mr. UPTON. Mr. Speaker, on that I and pass the Senate bill, S. 800, on Gephardt Maloney (NY) Sandlin demand the yeas and nays. which the yeas and nays are ordered. Gibbons Manzullo Sanford The yeas and nays were ordered. Gilchrest Markey Sawyer This will be a 5-minute vote. The vote was taken by electronic de- The vote was taken by electronic de- Gillmor Martinez Saxton Gilman Mascara Schaffer vice, and there were—yeas 423, nays 1, vice, and there were—yeas 424, nays 2, Gonzalez Matsui Schakowsky not voting 9, as follows: not voting 7, as follows: Goode McCarthy (MO) Scott [Roll No. 493] [Roll No. 492] Goodlatte McCarthy (NY) Sensenbrenner Goodling McCollum Serrano YEAS—423 YEAS—424 Gordon McCrery Sessions Abercrombie Berkley Bryant Goss McDermott Shadegg Abercrombie Berkley Bryant Ackerman Berman Burr Graham McGovern Shaw Ackerman Berman Burr Aderholt Berry Burton Granger McHugh Shays Aderholt Berry Burton Allen Biggert Buyer Green (TX) McInnis Sherman Allen Biggert Buyer Andrews Bilbray Callahan Green (WI) McIntosh Sherwood Andrews Bilbray Callahan Archer Bilirakis Calvert Greenwood McIntyre Shimkus Archer Bilirakis Calvert Armey Bishop Camp Gutierrez McKeon Shows Armey Bishop Camp Bachus Blagojevich Campbell Gutknecht McKinney Shuster Bachus Blagojevich Campbell Baird Bliley Canady Hall (OH) McNulty Simpson Baird Bliley Canady Baker Blumenauer Cannon Hall (TX) Meehan Sisisky Baker Blumenauer Cannon Baldacci Blunt Capps Hansen Meeks (NY) Skeen Baldacci Blunt Capps Baldwin Boehlert Capuano Hastings (FL) Menendez Skelton Baldwin Boehlert Capuano Ballenger Boehner Cardin Hastings (WA) Metcalf Slaughter Ballenger Boehner Cardin Barcia Bonilla Carson Hayes Mica Smith (MI) Barcia Bonilla Carson Barr Bonior Castle Hayworth Millender- Smith (NJ) Barr Bonior Castle Barrett (NE) Bono Chabot Hefley McDonald Smith (TX) Barrett (NE) Bono Chabot Barrett (WI) Borski Chambliss Herger Miller (FL) Smith (WA) Barrett (WI) Borski Chambliss Bartlett Boswell Clay Hill (IN) Miller, Gary Snyder Bartlett Boswell Chenoweth-Hage Barton Boucher Clayton Hill (MT) Miller, George Souder Barton Boucher Clay Bass Boyd Clement Hilleary Minge Spence Bass Boyd Clayton Bateman Brady (PA) Clyburn Hilliard Mink Spratt Bateman Brady (PA) Clement Becerra Brady (TX) Coble Hinchey Moakley Stabenow Becerra Brady (TX) Clyburn Bentsen Brown (FL) Collins Hinojosa Mollohan Stark Bentsen Brown (FL) Coble Bereuter Brown (OH) Combest Hobson Moore Stearns Bereuter Brown (OH) Collins October 12, 1999 CONGRESSIONAL RECORD — HOUSE H9877 Combest Hobson Morella Stump Tierney Waxman leged report (Rept. No. 106–375) on the Condit Hoeffel Murtha Stupak Toomey Weiner Conyers Hoekstra Myrick Sununu Towns Weldon (FL) resolution (H. Res. 326) waiving points Cook Holden Nadler Sweeney Traficant Weldon (PA) of order against the conference report Cooksey Holt Napolitano Talent Turner Weller to accompany the bill (H.R. 2561) mak- Costello Hooley Neal Tancredo Udall (CO) Wexler ing appropriations for the Department Cox Horn Nethercutt Tanner Udall (NM) Weygand Coyne Hostettler Ney Tauscher Upton Whitfield of Defense for the fiscal year ending Cramer Houghton Northup Tauzin Velazquez Wicker September 30, 2000, and for other pur- Crane Hoyer Norwood Taylor (MS) Vento Wilson poses, which was referred to the House Crowley Hulshof Nussle Taylor (NC) Visclosky Wise Calendar and ordered to be printed. Cubin Hunter Oberstar Terry Vitter Wolf Cummings Hutchinson Obey Thomas Walden Woolsey f Cunningham Hyde Olver Thompson (CA) Walsh Wu Danner Inslee Ortiz Thompson (MS) Wamp Wynn Davis (FL) Isakson Ose Thornberry Waters Young (AK) REPORT ON RESOLUTION PRO- Davis (IL) Istook Owens Thune Watkins Young (FL) VIDING FOR CONSIDERATION OF Davis (VA) Jackson (IL) Oxley Thurman Watt (NC) H.R. 1993, EXPORT ENHANCEMENT Tiahrt Watts (OK) Deal Jackson-Lee Packard ACT OF 1999 DeFazio (TX) Pallone NAYS—1 DeGette Jenkins Pastor Mr. DIAZ-BALART, from the Com- Delahunt John Payne Paul mittee on Rules, submitted a privi- DeLauro Johnson (CT) Pease NOT VOTING—9 DeLay Johnson, E. B. Pelosi leged report (Rept. No. 106–376) on the DeMint Johnson, Sam Peterson (MN) Coburn Meek (FL) Roukema resolution (H. Res. 327) providing for Deutsch Jones (NC) Peterson (PA) Jefferson Millender- Scarborough consideration of the bill (H.R. 1993) to Kilpatrick McDonald Diaz-Balart Jones (OH) Petri reauthorize the Overseas Private In- Dickey Kanjorski Phelps Lazio Pascrell vestment Corporation and the Trade Dicks Kaptur Pickering b 2001 Dingell Kasich Pickett and Development Agency, and for other Dixon Kelly Pitts So (two-thirds having voted in favor purposes, which was referred to the Doggett Kennedy Pombo thereof), the rules were suspended and House Calendar and ordered to be Dooley Kildee Pomeroy the bill, as amended, was passed. Doolittle Kind (WI) Porter printed. Doyle King (NY) Portman The result of the vote was announced Dreier Kingston Price (NC) as above recorded. f Duncan Kleczka Pryce (OH) The title was amended so as to read: Dunn Klink Quinn ‘‘A bill to amend the Controlled Sub- SPECIAL ORDERS Edwards Knollenberg Radanovich stances Act to add gamma hydroxybutyric The SPEAKER pro tempore. Under Ehlers Kolbe Rahall acid and ketamine to the schedules of con- Ehrlich Kucinich Ramstad the Speaker’s announced policy of Jan- Emerson Kuykendall Rangel trolled substances, to provide for a national awareness campaign, and for other pur- uary 6, 1999, and under a previous order Engel LaFalce Regula of the House, the following Members English LaHood Reyes poses.’’. Eshoo Lampson Reynolds A motion to reconsider was laid on will be recognized for 5 minutes each. Etheridge Lantos Riley the table. f Evans Largent Rivers Everett Larson Rodriguez f The SPEAKER pro tempore. Under a Ewing Latham Roemer previous order of the House, the gen- Farr LaTourette Rogan PERSONAL EXPLANATION Fattah Leach Rogers tleman from Indiana (Mr. BURTON) is Ms. KILPATRICK. Mr. Speaker, due to a recognized for 5 minutes. Filner Lee Rohrabacher death in my family, I was unable to be present Fletcher Levin Ros-Lehtinen (Mr. BURTON of Indiana addressed at several votes that occurred today. Had I Foley Lewis (CA) Rothman the House. His remarks will appear Forbes Lewis (GA) Roybal-Allard been present, I would have voted ``no'' on H. hereafter in the Extensions of Re- Ford Lewis (KY) Royce Res. 303, ``aye'' on S. 800 and ``aye'' on H.R. Fossella Linder Rush marks.) Fowler Lipinski Ryan (WI) 2130. Frank (MA) LoBiondo Ryun (KS) f f Franks (NJ) Lofgren Sabo Frelinghuysen Lowey Salmon REPORT ON OPERATION OF CARIB- INTRODUCING A BIPARTISAN RES- Frost Lucas (KY) Sanchez BEAN BASIN ECONOMIC RECOV- OLUTION ENCOURAGING A PART- Gallegly Lucas (OK) Sanders ERY ACT—MESSAGE FROM THE Ganske Luther Sandlin NERSHIP BETWEEN CONGRESS Gejdenson Maloney (CT) Sanford PRESIDENT OF THE UNITED AND THE CENSUS BUREAU TO Gekas Maloney (NY) Sawyer STATES ACHIEVE AN ACCURATE COUNT Gephardt Manzullo Saxton Gibbons Markey Schaffer The SPEAKER pro tempore (Mr. IN THE 2000 CENSUS SHIMKUS) laid before the House the fol- Gilchrest Martinez Schakowsky The SPEAKER pro tempore. Under a Gillmor Mascara Scott lowing message from the President of previous order of the House, the gentle- Gilman Matsui Sensenbrenner the United States; which was read and, Gonzalez McCarthy (MO) Serrano woman from New York (Mrs. MALONEY) together with the accompanying pa- Goode McCarthy (NY) Sessions is recognized for 5 minutes. pers, without objection, referred to the Goodlatte McCollum Shadegg Mrs. MALONEY of New York. Mr. Goodling McCrery Shaw Committee on Ways and Means: Speaker, I really rise to thank the gen- Gordon McDermott Shays To the Congress of the United States: Goss McGovern Sherman As required by section 214 of the Car- tleman from Florida (Chairman MIL- Graham McHugh Sherwood LER) from the Subcommittee on the Granger McInnis Shimkus ibbean Basin Economic Recovery Ex- Green (TX) McIntosh Shows pansion Act of 1990 (19 U.S.C. 2702(f)), I Census for working in a bipartisan Green (WI) McIntyre Shuster transit herewith to the Congress the manner on a resolution that we have Greenwood McKeon Simpson put forward, and on tomorrow’s brief- Gutierrez McKinney Sisisky Third Report on the Operation of the Gutknecht McNulty Skeen Caribbean Basin Economic Recovery ing which we have invited every Mem- Hall (OH) Meehan Skelton Act. ber of the House to attend, a briefing Hall (TX) Meeks (NY) Slaughter WILLIAM J. CLINTON. by Director Prewitt on ways to involve Hansen Menendez Smith (MI) Members in getting an accurate count Hastings (FL) Metcalf Smith (NJ) THE WHITE HOUSE, October 12, 1999. Hastings (WA) Mica Smith (TX) f for the Census. Hayes Miller (FL) Smith (WA) I know that in the past we have had Hayworth Miller, Gary Snyder REPORT ON RESOLUTION WAIVING our differences over the best way to Hefley Miller, George Souder POINTS OF ORDER AGAINST CON- Herger Minge Spence conduct the Census, but I think we Hill (IN) Mink Spratt FERENCE REPORT ON H.R. 2561, both now agree that now is the time to Hill (MT) Moakley Stabenow DEPARTMENT OF DEFENSE AP- put those differences behind us and to Hilleary Mollohan Stark PROPRIATIONS ACT, 2000 go forward with the business of con- Hilliard Moore Stearns Hinchey Moran (KS) Stenholm Mr. DIAZ-BALART, from the Com- ducting the massive operation of the Hinojosa Moran (VA) Strickland mittee on Rules, submitted a privi- 2000 census. H9878 CONGRESSIONAL RECORD — HOUSE October 12, 1999 Mr. Speaker, I am very happy to join ENCOURAGING MEMBERS TO JOIN funds annually. The Census tells us the gentleman from Florida (Mr. MIL- IN PARTNERSHIP WITH THE CEN- where schools, roads, and lunch pro- LER) on House Resolution 193, a resolu- SUS BUREAU TO ACHIEVE AN grams are most needed. We as rep- tion which reaffirms the spirit of co- ACCURATE CENSUS resentatives owe it to our constituents operation between the Census Bureau The SPEAKER pro tempore. Under a to make sure they receive the services and Congress, and establishes a public previous order of the House, the gen- they need. The best way to do this is partnership between us. tleman from Florida (Mr. MILLER) is through promoting participation in our This partnership is vital because, recognized for 5 minutes. districts. This is not a Republican issue though the Bureau is doing a very fine Mr. MILLER of Florida. Mr. Speaker, or a Democratic issue, this is an Amer- job in preparing for the 2000 Census, it I rise in agreement with my colleague, ican issue. Tomorrow we will be celebrating the truly is a huge undertaking which de- the gentlewoman from New York (Mrs. kickoff of this vitally important part- serves the support it can receive from MALONEY). We have had our differences nership. The gentlewoman from New any sector. over the past 2 years with the Census issue, but this is one time we are now York (Mrs. MALONEY) and her staff Just to give an idea of the scale of coming together, as we are so close to have been working very hard to make the 2000 Census, it will be the largest our decennial census, which has just this partnership between the Bureau peacetime mobilization ever conducted about 6 months to go. and the House of Representatives a by our country. It will count approxi- Our goal is common: We want to have success. mately 275 million people and 120 mil- the most accurate count, and count ev- Tomorrow, Director Kenneth Prewitt lion housing units across this Nation. erybody living in this great country as will be holding a briefing for Members In order to carry out this massive oper- of April 1 of the year 2000. only to explain this partnership pro- ation, the Census Bureau will have to Tonight I rise to discuss an impor- gram and answer any questions they process 1.5 billion pieces of paper, and tant program of the Census Bureau. have. I urge all of my colleagues to at- it will have to do this in a very short That is a bipartisan congressional part- tend the briefing tomorrow to learn time period. To conduct the 2000 Cen- nership with the Bureau to promote more about this partnership program sus, the Bureau will have to fill more the participation in the 2000 decennial and how Members can get involved in than 860,000 temporary positions. They census. It is just 6 months away, and their own districts. will have to hire more people than are the Bureau will undertake the largest I think Members will find the Bureau in the Army. peacetime mobilization in the Nation’s has put together a comprehensive set history, conducting the 2000 Census. of activities that Members can easily In a very real sense, the 2000 Census This massive undertaking deserves take back to their districts to increase has already begun. The forms are being our support at the local level. The key public participation. Following the printed and transported across the Na- to ensuring a successful census that briefing, we will hold a press con- tion. The Bureau plans to open 520 counts everyone in America is out- ference to unveil House Concurrent local Census offices. One hundred thir- reach and promotion in every neighbor- Resolution 193, a resolution that af- ty of those are already open, and the hood. Broad-based participation in the firms a partnership between the Census remaining 390 are leased and will be Census must start from within our Bureau and the House of Representa- open on a flow basis through the begin- communities. The Census Bureau must ning of next year. use every effort possible to promote tives. House Concurrent Resolution 193 participation in the Census. While the recognizes the importance of achieving Every Member of Congress needs to a successful census, encouraging do all they can to encourage this part- Census Bureau does this in several ways, I am here to talk about one of groups to continue to work towards a nership with the 2000 Census from their successful census, reaffirms our spirit newsletters, from public service an- the more important ways I feel the Census Bureau promotes the Census, of cooperation with the Census Bureau, nouncements, to participating in local and asserts a public partnership be- forums. and those are the partnerships. The Census Bureau is in the process tween Congress and the Bureau of the One new program the Bureau has de- of forming partnerships with hundreds Census. veloped for the Census, which I think is and thousands of groups, organizations, While we may have had our dif- particularly effective, is Census in the and individuals from all sectors of the ferences in the past, the gentlewoman Schools. More than 50 percent of all population and all sizes, ranging from from New York (Mrs. MALONEY) and I those not counted in 1990 were chil- Goodwill Industries to local places of have joined forces to introduce this dren. The Census in Schools program worship. It is only fitting and proper legislation, which merits broad-based aims to help children learn what a Cen- that Congress join with these groups bipartisan support. The decennial cen- sus is and why it is important to them across the Nation by partnering with sus is a cornerstone of our democracy, and their families and their commu- the Census Bureau, and that is why I and it is vital that all Members of Con- nity at large. The program also aims to am speaking here this evening. gress, Democrats and Republicans increase participation in Census 2000 by This proposed partnership with Mem- alike, publicly support activities to en- engaging not only the children but bers of the House of Representatives hance public participation. their parents, so that they will fill out seems to me to be one of the most log- I encourage my colleagues to cospon- the Census forms. It will also help re- ical partnerships of all. These partner- sor House Concurrent Resolution 193 cruit teachers and parents to work as ship programs are designed to utilize and to bolster congressional presence Census-takers. the resources and knowledge of the during tomorrow’s activities. Mr. Speaker, State, local, and tribal local partners, and who knows better f governments, as well as businesses and the local area and the problems the Bu- REVISIONS TO ALLOCATION FOR nonprofit organizations, have become reau may face than Members who serve HOUSE COMMITTEE ON APPRO- those districts? partners with the Census Bureau in the PRIATIONS, PURSUANT TO Moreover, there are 435 Members in effort to make the 2000 Census the best HOUSE REPORT 106–288, TO RE- this House who worked tirelessly for ever. our districts, and most of us go home FLECT ADDITIONAL NEW BUDG- The constitutionally-mandated Cen- every weekend to work very hard for ET AUTHORITY AND OUTLAYS sus we take every 10 years is one of the the people who elected us as their rep- FOR EMERGENCIES most important civic rituals our Na- resentatives. We know what it will The Speaker pro tempore. Under a tion has. It determines the distribution take to have a successful Census in our previous order of the House, the gen- of over $185 billion in Federal aid. It de- districts, and what better way to serve tleman from Ohio (Mr. KASICH) is rec- termines the distribution of political these very people than promoting the ognized for 5 minutes. and economic power in our country for Census and helping them get the most Mr. KASICH. Mr. Speaker, pursuant to Sec. a decade. I urge every Member to ac- accurate count possible? 314 of the Congressional Budget Act, I hereby tively participate in making it a suc- After all, the decennial census dis- submit for printing in the CONGRESSIONAL cess. tributes over $180 billion in Federal RECORD revisions to the allocation for the October 12, 1999 CONGRESSIONAL RECORD — HOUSE H9879 House Committee on Appropriations pursuant THE CONTINUING IMPACT OF look at their creditworthiness, mean- to House Report 106±288 to reflect HURRICANE FLOYD ing how much debt they have in rela- $7,200,000,000 in additional new budget au- The SPEAKER pro tempore. Under a tion to income, already they are at the thority and $4,817,000,000 in additional out- previous order of the House, the gentle- margin of not being credit-worthy. So lays for emergencies. This will increase the al- woman from North Carolina (Mrs. we have to begin to think about new location to the House Committee on Appro- CLAYTON) is recognized for 5 minutes. structures to respond to both our farm- priations to $561,834,000,000 in budget au- Mrs. CLAYTON. Mr. Speaker, I rise ers and our small businesses. thority and $597,532,000,000 in outlays for fis- again to remind my colleagues that the I know the gentlewoman from New cal year 2000. This will increase the aggregate impact of Hurricane Floyd continues to Jersey (Mrs. ROUKEMA) and the gen- total to $1,452,283,000,000 in budget authority affect the people of North Carolina and tleman from New Jersey (Mr. FRANKS) and $1,434,669,000,000 in outlays for fiscal the people of the eastern shore, from and gentlewoman from New York (Mrs. year 2000. Florida all the way to New York. There KELLY) and the gentlewoman from Florida (Mrs. FOWLER) have begun to As reported to the House, H.R. 2561, the have been deaths even up as far as work, and I am working with that conference report accompanying the bill mak- Vermont. group, to see how we can ask this Con- ing appropriations for the Department of De- But in North Carolina, that devasta- gress to look at maybe a one-time ef- fense for fiscal year 2000, includes tion is of untold proportions. There are fort to give some relief indeed to both $7,200,000,000 in budget authority and more than 58,000 people now that have small businesses and farmers. I just $4,817,000,000 in outlays for emergencies. responded to the opportunity to call FEMA’s intake line indicating they want to urge my colleagues to consider These adjustments shall apply while the leg- need assistance through FEMA. They that. islation is under consideration and shall take need assistance immediately, and this Finally, let me just say that we begin effect upon final enactment of the legislation. government and this body needs to act. to think that this only affects people Questions may be directed to Art Sauer or Jim I want to say that the people of in North Carolina. Well, on Saturday Bates at x6±7270. America have been just tremendously night, there was a family that had ADDITIONAL REVISIONS TO ALLOCATION FOR HOUSE generous in responding and having come from this area, had come down to COMMITTEE ON APPROPRIATIONS, PURSUANT TO compassion and showing sensitivity, visit their relatives in the home county HOUSE REPORT 106±288, TO REFLECT ADDITIONAL and by giving of their own personal I live in, in Warren County, a young NEW BUDGET AUTHORITY AND OUTLAYS FOR EMER- goods or their organizations or church- man who is a young professional, 41 GENCIES es or relief organizations. years of age and into computer science, Mr. Speaker, pursuant to sec. 314 of the But that is insufficient to respond to had come to visit his relatives and had Congressional Budget Act, I hereby submit for the needs of the 58,000 people who have gone a familiar road but did not see the printing in the Congressional Record revisions lost their homes. Some have lost their sign or the sign was not very well dis- to the allocation for the House Committee on income, the facilities or the infrastruc- played. There was a detour and the wa- Appropriations pursuant to House Report 106± ture that they are accustomed to ters under that bridge were flooding 288 to reflect $2,310,000,000 in additional using, their wastewater system, their above the bridge and that family of five new budget authority and $1,591,000,000 in water system. in that van ended up in the water and the 8-year-old is dead today and the additional outlays for emergencies. The bill b 2015 also includes $405,000,000 in additional budg- other four members of that family, I met today in Greenville with farm- et authority and $352,000,000 in additional from this area, are now in serious and ers from around four counties. There outlays in continuing disabilities reviews, as critical condition at Duke University. were approximately 80 or more farmers well as $20,000,000 in additional budget au- So the impact is tremendous. who had come along with members of thority and $12,000,000 in additional outlays Mr. Speaker, we have an opportunity the agricultural community to talk for adoption incentive payments. This will in- to respond to this tragedy. We have an about their loss and to recognize that crease the allocation to the House Committee opportunity to show that this govern- as the relief funds now are constructed on Appropriations to $554,634,000,000 in ment is responsive as Americans to us, they are likely not to be included in budget authority and $592,715,000,000 in out- and we will indeed do the right thing. that relief. If a farmer has lost his ma- lays for fiscal year 2000. This will increase the I urge us to do a relief program that is chinery or his livestock or his crops, aggregate total to $1,445,083,000,000 in responsive to the needs of all the peo- how do we use that as a way of miti- budget authority and $1,429,852,000,000 in ple who are in the area of Hurricane gating his loss? Only through now, as outlays for fiscal year 2000. Floyd. the law is constructed, only through a f As reported to the House, H.R. 3037, the loan. Many of our small farmers are bill making appropriations for Labor, Health really on the fringes now of not know- THERE IS SORROW WHEN ANYONE and Human Services, Education and Related ing whether they will stay in business. IS LOST, BUT ESPECIALLY OUR Agencies for fiscal year 2000, includes I met with the grangers on Friday on CHILDREN $2,310,000,000 in budget authority and the report from the North Carolina The SPEAKER pro tempore (Mr. $1,591,000,000 in outlays for emergencies. Grangers Society. There may be as SHERWOOD). Under a previous order of The bill also includes $405,000,000 in budget much as 18 to 20 percent of the farmers the House, the gentlewoman from authority and $352,000,000 in outlays in con- going out of business now. I would say Texas (Ms. JACKSON-LEE) is recognized tinuing disabilities reviews, as well as that many of the farmers were having for 5 minutes. $20,000,000 in budget authority and problems before now, but if we com- Ms. JACKSON-LEE of Texas. Mr. $12,000,000 in outlays for adoption incentive pound the impact of losing 120,000 hogs, Speaker, there are several items that I payments. 2.5 million chickens, almost a million would like to address this evening. Ear- These adjustments shall apply while the leg- turkeys and livestock, we compound lier today in debate, I acknowledged islation is under consideration and shall take that with having low prices and calam- that this past weekend, 6 of our young effect upon final enactment of the legislation. ities from the drought, one begins to people in the State of Texas died by Questions may be directed to Art Sauer or Jim get a sense of the devastation and the way of a tragic automobile accident. I Bates at x6±7270. suffering and the uncertainty of tomor- do want to make it clear, as I was row that these farmers are also experi- speaking at the time of the debate on f encing. the Hillory J. Farias date-rape drug, Not only farmers but small busi- that the incident did not involve drugs, The SPEAKER pro tempore. Under a nesses, small businesses in Edgecombe but as someone who advocates for chil- previous order of the House, the gen- County and Tarboro today said many dren, along with many of my col- tleman from New Jersey (Mr. PALLONE) of them in the downtown area, they leagues in this House, I wanted to be is recognized for 5 minutes. were small businesses, they might have able to offer sympathy to the families (Mr. PALLONE addressed the House. had 3 to 5 employees. They are not sure of those wonderful young people and as His remarks will appear hereafter in that a loan is what is going to help well the institutions of higher learning the Extensions of Remarks.) them. Many of them said when they that all of them were then attending, H9880 CONGRESSIONAL RECORD — HOUSE October 12, 1999 and to say that any life is a great loss through my community on interstates, Joining me tonight to examine this but certainly when our young people of which I recognize the importance of phrase and this issue and what our are taken in the prime of their life, 18-wheelers as transportation in the First Amendment rights entail are sev- these youngsters were 18 and 20, 22, 21, carry of goods. And I am not here to eral Members from across this great it is a great loss. So I offer my deepest cast stones, but I am here to say, Mr. Nation. I am pleased to be joined by sympathy to those colleges and the Speaker, we need more safety regula- the gentleman from Colorado (Mr. families and to the friends and young- tion and enforcement as it relates to TANCREDO), the gentleman from North sters who have experienced that, and I 18-wheeler trafficking. Carolina (Mr. JONES), the gentleman hope that we can find a solution to I bring to our attention the tragic from Kentucky (Mr. WHITFIELD), the some of these tragic accidents and find story that occurred this past summer, gentleman from Kansas (Mr. RYUN), a way to prevent tragic car accidents a couple of months ago, to the Lutine and the gentleman from South Caro- like this one, so that we can prevent family, where this widow now tells a lina (Mr. DEMINT), each of whom will this loss of life. story of losing her husband and three examine the words and the intent of Let me also take a special moment to babies because of an 18-wheeler at high our Founding Fathers. speak again on the Hillory J. Farias speed that turned over on them and I would like to begin by examining bill, because there was an individual caused the truck to explode; the vehi- some of the words of some of our that I did not get to thank enough, and cle that the family was riding in, the Founders and Framers of the Constitu- that is the Harris County medical ex- recreational vehicle that the family tion as we look at the issue of encour- aminer, Dr. Joy M. Carter. This has was riding in, and caused the husband aging religion. In debates in this body been a long journey in our community and the children to be burned alive. in recent weeks, some Members have and for the Farias family in particular If I can quote the comment from the criticized proposed measures to protect it has been long because the accusa- wife, the wife and mother of the three, public religious expressions or to allow tions were that the young lady, their these victims, witnessed this sickening voluntarily participation in faith-based niece, their granddaughter, had taken event and as she testified she stood at programs. drugs. This was another drug case, and the scene screaming, ‘‘My life is over. They tell us that it is not the purpose it was only at the persistence of the All my children are dead.’’ of government to encourage religion, law enforcement and Dr. Carter to be I am hoping that we can come to- even if it shows preference to no par- able to answer the cries of the family gether as Members of the United States ticular religious faith or group. Inter- to be able to detect, and Dr. Carter, of Congress and ask that we include a estingly, we hear no criticism when we course, is a woman physician and med- data recorder in all trucks, Mr. Speak- encourage or cooperate with private in- ical examiner who persisted in detect- er, that would provide factual informa- dustry or with business or any other ing or attempting to detect this very tion to determine how these accidents group. Only when we cooperate with difficult drug. occurred so that we can prevent these faith institutions do the critics So I want to thank her for her work accidents. We will have an opportunity emerge. in this, and I want to read from her tes- as we move toward H.R. 2669, as I con- Are the programs and endeavors of timony dated July 27, 1998. clude, the Motor Carrier Safety Act of people of faith below government en- A common feature of date-rape drugs is 1999, this week and I hope we can work couragement? Or do people of faith their ability to be ingested without knowl- together to ensure that these tragedies have some lethal virus which prohibits edge and the inducement of an altered state do not happen again. the government from partnering with of consciousness or memory loss. These f them? Certainly not. What then is the drugs are not easily detected nor considered problem? We are told that for us to en- WHEN HISTORY IS LOOKED AT, regularly as a causative agent in a death or courage religion would be unconstitu- sexual assault so you do not usually look for THERE IS NO CONSTITUTIONAL tional, that it would violate the Con- these drugs. Further, these drugs are not at SEPARATION OF CHURCH AND stitution so wisely devised by our all categorized as Level I or II under the cur- STATE rent Controlled Substances Act. Founding Fathers. This is an argument The SPEAKER pro tempore. Under Today, my colleagues have joined me not founded in history or precedent. It the Speaker’s announced policy of Jan- is an argument of recent origin. It does in directing that, and I applaud them; uary 6, 1999, the gentleman from Penn- but I do want to thank Dr. Carter for not have its roots in our Constitution sylvania (Mr. PITTS) is recognized for but rather in the criticisms of numer- her extra interest and going the extra 60 minutes as the designee of the ma- mile to give comfort to that family, to ous revisionists who wish the Constitu- jority leader. tion said something other than what it know that their young person was not Mr. PITTS. Mr. Speaker, tonight sev- on drugs. actually does. In fact, those who wrote eral of us are again gathered here in the Constitution thought it was proper I would also like to just read an ex- the hall of the House in this legislative cerpt from the letter from the DEA for the government to endorse and en- body that represents the freedom that courage religion. which indicates that the DEA has doc- we know and love in America to dis- umented 5,500 cases of overdose, tox- As proof, consider the words of John cuss what our Founding Fathers be- Jay, one of the three authors of the icity, dependence and law enforcement lieved about the First Amendment, the encounters as it relates to GHB. The Federalist Papers, and the original freedom of religion, the issue of reli- chief justice of the United States Su- DEA has obtained documentation in gious liberty, and the intersection of the form of toxicology, autopsy and in- preme Court. religion and public life. Chief Justice John Jay declared, and vestigative reports from medical exam- Mr. Speaker, there has been a lot I quote, ‘‘It is the duty of all wise, free iners on 49 deaths that involve GHB, said by people of all political ideologies and virtuous governments to coun- and they will continue to monitor this about the role of religion in public life tenance and encourage virtue and reli- and ask that it be in Schedule II if it and the extent to which the two should gion.’’ Chief Justice John Jay was one gets to be determined to be approved intersect, if at all. Lately we have of America’s leading interpreters of the for medical use by the FDA. heard the discussion of issues like Constitution, and he declared it is the f charitable choice, graduation prayers, duty of government to encourage vir- even prayers at football games, oppor- tue and religion. DEADLY 18–WHEELERS SHOULD BE tunity scholarships for children to at- REGULATED ON OUR HIGHWAYS Consider next the words of Oliver tend religious schools, government Ellsworth. He was a member of the Ms. JACKSON-LEE of Texas. Mr. contracting with faith-based institu- convention which framed the Constitu- Speaker, I would like to turn my atten- tions, and the posting of the Ten Com- tion. He was the third chief justice of tion to the discussion that was on the mandments and other religious sym- the United States Supreme Court. floor of the House today and a discus- bols on public property. b sion that has been going on in the City As we hear this discussion, we often 2030 of Houston very briefly and that is the hear the phrase ‘‘separation of church Chief Justice Ellsworth declared, number of 18-wheeler trucks going and state’’ time and time again. ‘‘The primary objects of government October 12, 1999 CONGRESSIONAL RECORD — HOUSE H9881 are peace, order, and prosperity of soci- government is not to be indifferent to them know little or nothing about ety. To the promotion of these objects, religion. those who gave us our documents or good morals are essential. Institutions There are many, many other exam- about the history of American edu- for the promotion of good morals are ples, and they all prove that the cur- cation. However, since I am pro edu- therefore objects of legislative provi- rent arguments demanding that gov- cation, I am certainly willing to help sion and support, and among these, re- ernment not encourage religion or educate my misinformed colleagues ligious institutions are eminently use- allow participation in faith-based pro- across the time on this issue. ful and important.’’ grams are ill-founded. The conflict be- Many of our early statesmen were Chief Justice Oliver Ellsworth, an- tween those today who argue that the great educators. In fact, in the 10 years other of American’s leading inter- Constitution does not permit us to en- after the American Revolution, more preters of the Constitution, and one courage religion, and the actual fram- universities and colleges were started who actually helped frame the Con- ers of the Constitution who assert that than in the entire 150 years before the stitution, declares that religious insti- we may encourage religion is best ex- Revolution. Our Founders were defi- tutions are to be encouraged. pressed by Chief Justice William nitely pro education. They had much Consider, too, the words of Henry Rehnquist who declared, ‘‘It would to say on the subject, and their pro- Laurens, another member of the con- come as much of a shock to those who found impact is still felt today. stitutional convention. Henry Laurens drafted the Bill of Rights to learn that One influential Founding Father edu- declared, ‘‘I had the honor of being one the Constitution prohibits endorsing or cator was Dr. Benjamin Rush, a signer who framed the Constitution. In order encouraging religion. History must of the Declaration of Independence, a effectually to accomplish these great judge whether it was those in 1789, or leader in the ratification of the Con- constitutional ends, it is especially the those today who have strayed from the stitution, and a member of the admin- duty of those who bear rule to promote meaning of the Bill of Rights.’’ istrations of Presidents John Adams, and encourage respect for God and vir- Certainly, clear-thinking Americans Thomas Jefferson, and James Madison. tue.’’ know that those who wrote the Con- The credentials of Dr. Rush are im- Henry Laurens is a third constitu- stitution understand its meaning bet- pressive. He helped start five colleges tional expert, one who participated in ter than today’s critics who try to and universities, three of which are the drafting of the Constitution and make the Constitution say something still going today. Additionally, he pio- who therefore clearly knows its intent, that it does not. neered education for women and for and he declares that it is the duty of It is time for this body to get back to Black Americans, and, along with Ben- government to encourage respect for upholding the actual wording of the jamin Franklin, was the founder of God.’’ Constitution, not some substitute America’s first abolition society. Consider also the words of Abraham wording that constitutional revision- Dr. Rush also authored a number of Baldwin, another of the original draft- ists wish that it had said. textbooks, held three professorships si- ers of the Constitution, one of its sign- Mr. Speaker, I yield to the gentleman multaneously, and, in 1790, became the ers. Abraham Baldwin declared, ‘‘A free from Colorado Mr. TANCREDO. first Founding Father to call for free government can only be happy when Mr. TANCREDO. Mr. Speaker, my public schools under the constitution. the public principle and opinions are colleagues and I rise again tonight, as Consequently, Benjamin Rush can properly directed by religion and edu- we have done on one other occasion, to properly be titled ‘‘The Father of Pub- cation. It should therefore be among address several myths, to destroy sev- lic Schools Under the Constitution.’’ the first objects of those who wish well eral myths, myths that have worked Now, what did this gentleman with the national prosperity to encourage their way into the fabric of America, those kinds of credentials and back- and support the principles of religion especially what people believe about ground say about public education? I and morality.’’ the Constitution and about the role of will quote, ‘‘The only foundation for a Abraham Baldwin is yet a fourth con- religion in American life. Perhaps no useful education in a republic is to be stitutional expert, a signer of the Con- where do we find a greater accumula- laid in religion. Without religion,’’ he stitution. He declares that government tion of these myths than in the area of said ‘‘I believe that learning does real should encourage religion. education and religion. mischief to the morals and principles Since the very Founders who prohib- I have had the privilege in Colorado of mankind.’’ ited, ‘‘an establishment of religion’’ to, several times now, present to the Clear words about religion and edu- also said that it was the duty of gov- people of the State, through the initia- cation. ernment to encourage religion, it is tive process, proposals designed to deal Consider, too, the words of William clear that they did not equate encour- with school choice, vouchers, tuition Samuel Johnson, a signer of the Con- aging religion as an unconstitutional tax credits, and the like. stitution and a framer of the First establishment of religion. I have always included in those pro- Amendment, the very amendment that Finally, consider the words of Su- posals a provision that would allow a our opponents wrongly claim excludes preme Court Justice Joseph Story, parent to use those dollars in support religion from the public schools. placed on the Court by President of an educational experience for their Interestingly, in an exercise which James Madison. Justice Story, in his children in any school of their choice, we still practice today, Samuel John- 1833 Commentaries On The Law, which including faith-based institutions. In- son spoke at a public graduation exer- today are still considered authoritative evitably, during the debate on those cise, and, at it, he told the graduates, constitutional commentaries, declared issues, inevitably, more hostility is di- ‘‘You have received a public education, this, ‘‘The promulgation of the great rected toward that particular part of the purpose whereof hath been to qual- doctrines of religion, the being and at- our amendment than almost anything ify you the better to serve your Cre- tributes and providence of one Al- else. ator and your country.’’ mighty God; the responsibility to Him One wonders what justifies this in- Then there is the Constitution signer for all our actions, founded upon moral tense hostility against allowing faith Gouverneur Morris. He was a most ac- accountability; a future state of re- access to the halls of education and the tive member of the Constitutional Con- wards and punishments; the cultiva- public square. Our opponents tell us vention and was chosen by his col- tion of all the personal, social, and be- that, ‘‘our founding principles’’ require leagues to write the wording of the nevolent virtues, these never can be a this hostility, that under our Constitu- Constitution. Gouverneur Morris is matter of indifference in any well-or- tion, public education has always been therefore called ‘‘The Penman of the dered community. It is indeed difficult segregated from any religious influ- Constitution’’. It certainly seems that to conceive how any civilized society ence. They further tell us that this was the man chosen to write the Constitu- can well exist without them.’’ . the intent of the great statesmen who tion would know its intent. Supreme Court Justice Joseph Story gave us our government. Concerning public education, titled The Father of American Juris- These, Mr. Speaker, are all myths. Gouverneur Morris declared ‘‘Religion prudence for his significant contribu- Such misinformed claims prove that, is the only solid basis of good morals; tions to American law declares that evidently, the individuals making therefore education should teach the H9882 CONGRESSIONAL RECORD — HOUSE October 12, 1999 precepts of religion and the duties of ciples of morality be learned so clearly Need for Reconciliation and Healing man towards God.’’ or so perfectly as from the New Testa- and Recommending a Call for Days of Another drafter of the Constitution, ment?’’ Prayer. Henry Laurens, expressed equally clear This was a unanimous decision of the In addition, it specifically said that, views on religion in public schools. He Supreme Court. I wonder why our col- ‘‘Resolved by the House of Representa- explained, ‘‘I had the honor of being leagues across the aisle and others are tives that the Congress urges all Amer- one among many who framed that Con- so hostile to the presence of faith in icans to unite in seeking the face of stitution. In order effectually to ac- public education, and then they fail to God through humble prayer and fasting complish these great constitutional mention this case. persistently, asking God to send spir- goals, it is the duty of rulers to pro- I also wonder why they ignore the itual strength and a renewed sense of mote and encourage respect for God. numerous signers of the Constitution humility to the Nation so that hate The Bible is a book containing the his- who said exactly the opposite of what and indifference may be replaced with tory of all men and of all Nations and our opponents are advocating. love and compassion and so that the is a necessary part of a polite edu- Very simply, opponents of public reli- suffering in the Nation and the world cation.’’ gious expression know that their poli- may be healed by the hand of God.’’ Consider the next words of Fisher cies which discriminate against mil- There were a couple of other points Ames. He was a Member of this body, lions of people of faith and against that were basically the same, recom- and according to the records of Con- thousands of programs of faith are so mending that the leaders and the na- gress for 1789, he was a Member of the unacceptable to Americans that addi- tional, State, and local government House, and he was the most responsible tional clout is needed to convince the and business and clergy appoint and for the final wording of the First unwilling public to succumb to their call upon the people they serve to ob- Amendment. policies. serve a day of prayer and fasting and Did he have anything to say about re- So where do they get this additional humiliation before God. A very simple ligion in schools? Definitely. In fact, clout? They wrongly make the Con- resolution, going back to the very when he learned that some schools stitution and the framers of our docu- founding of this country on religious were de-emphasizing the Bible in their ments into unwilling accomplices to principles. curriculum, Fisher Ames exploded, their religion-hostile agenda. That is, And yet, when that resolution came ‘‘Why should not the Bible regain the they blame their religious discrimina- to a vote on this floor on June 29, it re- place it once held as a school book.’’ He tion on ‘‘the Constitution’’. ceived 270 votes, 270 Members voted said, ‘‘Its morals are pure, its examples Forget the fact that the Constitution yes, 140 Members voted no, and 11 voted captivating and noble.’’ does not say what the opponents of re- present. The man most responsible for draft- ligious expression claim that it says. Now, normally it would have passed, ing the final wording of the First Or they blame their religion-hostile but this was on a suspension calendar Amendment saw no problem with reli- policies on the great founding prin- because no one thought it would be gion in public schools. In fact, he be- ciples of those who gave us our govern- controversial. And since it did not re- lieved that it was a problem if a public ment. Just ignore the minor techni- ceive two-thirds of the vote of those school excluded religion. cality that those who did give us our voting that day, it failed. There are many, many others, all government opposed the very religion- It is really difficult to imagine that a equally succinct in their declarations. hostile policies that our opponents are simple resolution with such traditional These are no light weights. The Pen- now advocating. values expressing those calling for hu- man of the Constitution, the Father of The anti-faith policies of those who mility and prayer to help heal this Na- the Public Schools Under the Constitu- are opposed to these ideas are just as tion would fail on this floor. tion, the drafter of the language of the bad as their history and just as bad as Now, I would also tell my colleagues First Amendment, delegates to the the distortions they fabricate to try that of the 140 people who voted no on Constitutional Convention, signers of and excuse their religious apartheid. this floor, 136 of them were Democrats. the Constitution, and they all agree There simply is nothing, either in the Now, I do not question the motives of that public education is not to exclude actual wording of the Constitution or anyone who voted no. However, the religion. in the precedents of early American vote demonstrates clearly that a sig- Because their opinion about religion history, that requires religion to be nificant number of Members in this and education was so clear, the unani- segregated from the public square. body do not want this body to express mous decision reached by the U.S. Su- So tonight we once again hope to de- itself on religious matters. It is also preme Court in 1844 came as no sur- stroy myths and to continue in that important to remember that this reso- prise. In that case, it was proposed that process. lution was simply an expression of the a government-administered school Mr. PITTS. Mr. Speaker, I thank the House on this issue, it was not a law, it should exclude all ministers from its gentleman from Colorado (Mr. did not have any mandates, it did not campus. It was, thus, feared that reli- TANCREDO), who happens to represent have any inner enforcement, but sim- gious influences would also be ex- the area, I believe, of Littleton, Colo- ply an expression of the House. And cluded. rado, where the great tragedy at Col- even if it had passed the House and the Interestingly, the defense attorney, umbine High School occurred. I am Senate and was signed by the Presi- Horace Binney, who was a Member of sure the prayers of the Nation have dent, it would not have been an en- this body, the plaintiff attorney, Dan- been with his constituents this year. forceable statute, simply an expression iel Webster, also a Member of the Mr. TANCREDO. Mr. Speaker, I of the sense of Congress. House, a U.S. Senator, and a Secretary thank the gentleman from Pennsyl- Now, the sad thing is people on this of State for three Presidents, and the vania. body do not want the House of Rep- U.S. Supreme Court all agreed that re- resentatives expressing a view on reli- b ligious influences should not be barred 2045 gion, and yet nearly 200 religious reso- from the school. The decision was de- Mr. Speaker, I yield to the gentleman lutions have been passed by this body livered by Justice Joseph Story, placed from Kentucky (Mr. WHITFIELD). over the history of this Congress and on the Supreme Court by President Mr. WHITFIELD. Mr. Speaker, I many of them passed at the request of James Madison. want to take just one moment to talk Founding Fathers like George Wash- Story declared, ‘‘Why may not the a little bit about how this important ington, John Adams, James Madison, Bible, and especially the New Testa- discussion came about. On June 29 of and others. ment, without note or comment, be this year, the gentlewoman from Idaho Now, members from the other party read and taught as Divine revelation in introduced House Concurrent Resolu- objected to this body doing what scores the school, its general precepts ex- tion 94 and this body debated that reso- of former congressmen had constitu- pounded, its evidences explained and lution. tionally done. Why? Well, they made it its glorious principles of morality in- It was really a simple resolution. The very clear that day in June that they culcated? Where can the purest prin- title of it was Recognizing National voted against it because they said to October 12, 1999 CONGRESSIONAL RECORD — HOUSE H9883 encourage a day of prayer and fasting government should not only endorse a public display would not violate the would be unconstitutional. but should encourage religion. And Constitutional prohibition against the Now, why did they say that? I want then he would explain that ‘‘the pro- establishment of religion. to quote from their statements taken mulgation of the great doctrines of re- This Congressional finding caused op- from the CONGRESSIONAL RECORD. One ligion, the being and attributes and ponents on the other side of the aisle of them said, ‘‘Congress has no busi- providence of one almighty God, the re- to set forth a startling, dangerous doc- ness giving its official endorsement to sponsibility to him for all our actions ument. They said, ‘‘It is the Supreme religion. This resolution is an official founded upon moral freedom and ac- Court that interprets the Constitution endorsement of religion and thus con- countability, a future state of rewards and says what the Constitution means. stitutes an establishment of religion.’’ and punishments, the cultivation of all It is not the province of Congress.’’ One of them said, ‘‘To even suggest the personal social and benevolent vir- This is a very dangerous doctrine. If prayer should be a government dic- tues, these never can be a matter of in- this doctrine is true, then this body is tated, necessary duty demeans the very difference in any well-ordered commu- no longer an independent branch of sanctity of prayer.’’ nity.’’ Government, it has become a sub- Another one said, ‘‘No matter how He went on to say that ‘‘The real ob- branch of the Judiciary. In fact, if this this resolution is dressed up, it is an of- ject of the First Amendment was to doctrine is true, we should pass no law ficial endorsement of religion and of prevent any national ecclesiastical es- until we get prior approval from those particular religious beliefs and activi- tablishment by the government, and who are apparently our bosses, the Ju- ties and constitutes an establishment without that there is no establishment diciary. of religion.’’ of religion.’’ Are my colleagues proposing we Well, I found that difficult to believe I, for one, and I think others here to- should consult the Judiciary before we after having read this resolution three night refuse to submit to the popu- waste time passing a law with which and four and five times. There is noth- larity of political correctness that they might disagree? ing in here about dictating anything. It states that elected representatives of Incredibly, this doctrine was set does not establish any religion whatso- the people should not pass resolutions forth in the 1930s and 1940s by Charles ever. And I wanted to touch on that expressing the sense of Congress on re- Evans Hughes, who is the Chief Justice briefly. ligious matters. I do not advocate nor of the United States Supreme Court. One example of the definition of ‘‘es- does anyone here advocate the estab- Chief Justice Hughes declared, ‘‘We are tablishment’’ came from this very lishment of any religion as defined. We under a Constitution, but the Constitu- body. In 1854, an investigation was con- do not want to mandate Hinduism. We tion is what the judges say that it is.’’ ducted by the House Committee on the do not want to mandate Buddhism. We Let me say that again. ‘‘We are under Judiciary about what is an establish- do not want to mandate Christianity, a Constitution, but the Constitution is ment of religion. After a year of hear- Jewish religion, Islamic religion. what the judges say that it is.’’ ings and investigations on what con- So we do not advocate the establish- His statement properly raised a fire stituted an establishment of religion, ment of any religion. But we recognize storm at the time and was soundly re- the House Committee on the Judiciary the inseparability of the religious prin- futed. It is no less dangerous today emphatically reported. ciples from humanity. And if this body simply because it has been revived by What is an establishment of religion? cannot discuss it, if this body cannot those across the aisle. It is unbeliev- It must have a creed defining what a pass resolutions expressing its view on able to me that any Member of this man must believe. It must have rights religion, then who in America can? body would support that particular and ordinances which believers must Mr. PITTS. Mr. Speaker, I thank the doctrine. observe. It must have ministers of de- gentleman for that very formative dis- If the doctrine reported by those on fined qualifications to teach the doc- cussion of the issue of religious liberty the other side of the aisle is true that trines and administer the rights. It and intent of our Founders. only 940 individuals in the Judiciary must have tests for the believers and Mr. Speaker, I yield to the gentleman can understand and interpret the Con- penalties for the nonbelievers. There from Kansas (Mr. RYUN). stitution, then we should replace the cannot be an established religion with- Mr. RYUN of Kansas. Mr. Speaker, I teaching of the Constitution in our out these. thank the gentleman from Pennsyl- schools with the teaching of the deci- We know that this simple resolution vania (Mr. PITTS) for his leadership on sions of the Judiciary. And although I on this floor on June 9, 1999, did not this most important issue. say this facetiously, regrettably, this come close to any of those. And yet Mr. Speaker, in recent weeks in this is already happening. most of those opposed said that it es- chamber, we have debated so many A former member of this body out of tablished religion. issues related to religious liberties. Op- the State of Georgia was shocked to In addition to that, the Senate Com- ponents of public religious expression find that the Government textbooks mittee on the Judiciary reported the from across the aisle were very vocal in used in his State published by one of same thing, that it must have a creed their opposition. It was difficult to lis- the national curriculum publishers had defining what a man must believe. It ten to them rewrite history and the actually replaced the original words of must have rights and ordinances which Constitution. the Bill of Rights with the court’s in- believers must observe. It must have Consider, for example, the assertions terpretation of the Bill of Rights. ministers of defined qualifications. It that they made when we were debating If those on the other side of the aisle must have tests for believers, penalties the Juvenile Justice bill shortly after are right and only the Judiciary can for the non-conformists. the Littleton tragedy. One of the understand and interpret the meaning So from these clear definitions of amendments to that bill offered by the of the Constitution, then the rec- this body itself, from the Senate judici- gentleman that we just heard from re- ommendations by Founding Father ary, from the House judiciary, this res- cently who represents Littleton al- John Jay should be considered subver- olution was not an establishment of re- lowed the schools to erect memorials sive. ligion under any definition. in honor of the slain and permitted re- John Jay, coauthor of the Federalist Further proof that it was not, Justice ligious symbols or sayings to be in- Papers and who has been mentioned Joseph Story, a legal expert appointed cluded in these memorials if desired by many times this evening already, who by the Supreme Court by President the citizens. was one of the three men most respon- James Madison and who was called the That identical amendment, I want to sible for the adoption of the Constitu- Father of American Jurisprudence, was say that again, this particular iden- tion, and the other original chief jus- very clear on what the word ‘‘establish- tical amendment already passed the tices of the Supreme Court, he admon- ment’’ meant in the First Amendment. Senate by an overwhelming majority of ished America and he said, ‘‘Every cit- In his commentaries on the Constitu- 85–13. That amendment contained Con- izen ought to diligently read and study tion of the United States, a work which gressional findings stating, based on the Constitution of his country. By is still cited regularly in this body, our investigation of the issue, that to knowing their rights, they will sooner Justice Story began by declaring that include a religious symbol or saying in perceive when they are violated and be H9884 CONGRESSIONAL RECORD — HOUSE October 12, 1999 the better prepared to defend and as- will support those citizens’ rights to for nearly three decades who served sert them.’’ express their religious faith publicly. I with James Madison, reaffirmed this b 2100 choose to support the Constitution the doctrine explaining, and I quote: way it was written rather than the way ‘‘The decision of a constitutional Interestingly, this dangerous doc- a bunch of constitutional revisionists question must rest somewhere. Shall it trine is not a new doctrine. Two hun- want it to read. be confided to men immediately re- dred years ago, it was rejected by every Mr. PITTS. I thank the gentleman sponsible to the people or to those who one of the early statesmen who gave us from Kansas for his very informative are irresponsible?’’ At that point he this government. In fact, those who and timely explanation of the prin- was talking about the Congress and wrote the Constitution declared the ciples of religious freedom as regards judges. doctrine exactly the opposite of what to our courts versus the Congress. I further quote: our opposing colleagues are setting Mr. Speaker, I yield to the gentleman ‘‘With all the deference to their tal- forth. from North Carolina (Mr. JONES). ents, is not Congress as capable of For example, they taught that the Mr. JONES of North Carolina. I forming a correct opinion as they are?’’ opinion of Congress was more impor- thank the gentleman from Pennsyl- That again I think is an important tant than the opinion of the Judiciary. vania for yielding. I am picking up on quote to share with the colleagues here For example, in the Federalist Papers, the same theme as my distinguished tonight as well as to those who are not Federalist Paper 51, it declares this, colleague from Kansas. here. under the Constitution, and I quote: I, too, was shocked to hear the claim The other favorite Founding Father ‘‘The Legislative authority necessarily that this body is incapable of inter- of our distinguished colleagues across predominates.’’ preting the Constitution for itself. Un- the aisle is Thomas Jefferson, the Let me read from the Federalist fortunately, those across the aisle did founder of their party. Thomas Jeffer- Paper 78. It declares this, and I quote: not like the interpretation of the Con- son was equally clear on this issue. He ‘‘The Judiciary is beyond comparison stitution reached by the majority of declared: the weakest of the three departments this body and instead preferred the in- Each of the three departments has equally of power.’’ terpretation of the Constitution the right to decide for itself what is its duty These declarations in the Federalist reached by unelected lawyers. So, in an under the Constitution without any regard Papers were representative of the wide- effort to impose the will of those to what the others may have decided for spread feeling of those who gave us the judges with whom they agree on this themselves under a similar question. Constitution. As an even further exam- body with whom they disagree, they The doctrine that only the judiciary ple at the Constitutional Convention, tell us that we in this body have no can interpret the Constitution is a rad- delegate Luther Martin declared, and I right to interpret the Constitution for ical and dangerous doctrine. quote again, ‘‘Knowledge cannot be ourselves. And in a second statement by Jeffer- presumed to belong in a higher degree This is an amazing doctrine to set son, he continued the same thing, de- to the judges than to the legislature.’’ forth because they disagree with the claring: There are many more examples, but free exercise of religion explicitly guar- To consider the judges as the ultimate ar- the point is established: the authors of anteed by the Constitution. Contrary biters of all constitutional questions is a very dangerous doctrine indeed, and one the Constitution believed, and taught, to their ill-educated claims, Congress does have not only the right but also which would place us under the despotism of that Congress had a responsibility to an oligarchy. Our judges are as honest as interpret the meaning of the Constitu- the authority and the responsibility to interpret the Constitution for itself. other men and not more so. They have, with tion for itself. others, the same passions for party, for So where did our learned colleagues We are here to use every tool at our power, and the privilege of their corps. And disposal to preserve for the people of on the other side of the aisle come up their power the more dangerous as they are the United States the rights guaran- with this radical doctrine that only in office for life and not responsible, as the teed by that document, including their unelected attorneys are capable of cor- other functionaries are, to the elective con- right of public religious expression, trol. The Constitution has erected no such rectly interpreting the Constitution? even when the judiciary disagrees with single tribunal. They said, and I quote, ‘‘Everybody that constitutionally guaranteed right. The other founder of the Democratic learns this the first week in constitu- Interestingly, in the course of our de- Party is Andrew Jackson. Maybe those tional law in law school or college.’’ bates on religious liberties, our oppo- from across the aisle would be inter- Great. Our law schools. Foxes guard- nents across the aisle have frequently ested in what he said on this same ing the henhouse. Should we really cited two Founding Fathers, James issue. Jackson emphatically declared, trust lawyers who teach students that Madison and Thomas Jefferson. Since and I quote: only other lawyers, and especially law- they have such a high esteem and ven- yers that are on the Federal court, can Each public officer who takes an oath to eration for these two, I felt sure they support the Constitution swears that he will interpret the Constitution? would want to know what Madison and support it as he understands it and not as it While the doctrine proposed by those Jefferson said about the right of Con- is understood by others. The opinion of the on the other side of the aisle is a star- gress to read and interpret the Con- judges has no more authority over the Con- tlingly dangerous doctrine, I can un- stitution for itself. gress than the opinion of Congress has over derstand why they propose it. It is evi- When James Madison heard it pro- the judges. The authority of the Supreme dent in our recent debates on religious posed that only judges, and not the Court must not, therefore, be permitted to control the Congress. liberties. Some clearly do not like the Congress, were capable of interpreting plain, unambiguous words of the Con- the Constitution, he forcefully rejected On our side of the aisle, the one we stitution that guarantees the free exer- that suggestion. He declared, and I claim as the founder of our party, cise of religion. They do like, however, quote: Abraham Lincoln, was also clear about the decisions reached by a judiciary The argument is that the Legislature itself this issue. In his inaugural address, that has become increasingly hostile has no right to expound the Constitution; President Lincoln declared, and I towards students and citizens and com- that wherever its meaning is doubtful, you quote: munities who simply want to express must leave it to take its course until the Ju- I do not forget the position assumed by their religious faith. Many on the other diciary is called upon to declare its meaning. some that constitutional questions are to be side of the aisle are simply choosing I beg to know upon what principle it can be decided by the Supreme Court. At the same time, the candid citizen must confess that if the source with whom they agree, and, contended that one department draws from the Constitution greater powers than an- the policy of the government is to be irrev- unfortunately, it is not the Constitu- other. Nothing has yet been offered to invali- ocably fixed by decisions of the Supreme tion. date the doctrine that the meaning of the Court, the instant they are made the people For my part, I will continue to read Constitution may as well be ascertained by will have ceased to be their own rulers, hav- and study and interpret the actual doc- the Legislative as by the Judiciary author- ing resigned their government into the hands ument and when the Constitution ex- ity. of that eminent tribunal. plicitly declares that citizens are guar- And distinguished Founding Father Interestingly, one of the things on anteed the free exercise of religion, I John Randolph, a member of this body which both Republicans and Democrats October 12, 1999 CONGRESSIONAL RECORD — HOUSE H9885 long agreed was rejecting the doctrine leagues here in the House, objections individual rights, and I quote: ‘‘The that Congress could not interpret the which were clearly based on a mis- moment the idea is admitted into soci- Constitution. But now those from understanding of the bill and of the ety that property is not as sacred as across the aisle want to abandon the Constitution. Tonight, I would like to the laws of God and that there is no wisdom of the past two centuries and set the record straight. force of law in public justice to protect look solely to the judiciary as being The misinformation promoted by the it, anarchy and tyranny commence. If the interpreters of the Constitution. critics of the Ten Commandments bill ‘thou shall not covet’ and ‘thou shall Do they really believe the judiciary includes the false idea that the bill not steal’ are not commandments of to be infallible? Need I remind them would force schools to post the Ten heaven, they must be made inviolable that it was the judiciary who declared Commandments. It does not. The bill precepts in every society before it can that black Americans were property will only transfer power away from the be civilized or made free.’’ and not people? Or that it was the judi- Federal Government and back to the And President John Quincy Adams, a ciary who instituted the separate but State governments where it belongs. It legislator and legal scholar whose fa- equal doctrine; and that when the judi- simply allows each State and their mous cases before the Supreme Court ciary finally struck down that position schools to decide for themselves wheth- are well known, also declared about the in Brown v. Board of Education that it er or not they wish to display the Com- Ten Commandments: ‘‘The law given was only reversing its own policy that mandments. This measure wisely cor- from Sinai was a civil and municipal it had established in Plessey v. Fer- rects the failed one-size-fits-all Federal code as well as a moral and religious guson? Does not experience teach that Government restrictions on religious code. These are laws essential to the the court is fallible and that Congress freedoms. Furthermore, the bill does existence of men in society and most of in its interpretation of the Constitu- not violate Thomas Jefferson’s separa- which have been enacted by every Na- tion has been correct more often? tion of church and state as a few Mem- tion which ever professed any code of I choose to agree with America’s bers have charged. Rather, it complies laws. Vain indeed would be the search leading statesman and legal experts totally with Thomas Jefferson’s intent. among the writings of secular history from both the Democrat and Repub- Jefferson believed that this issue be- to find so broad, so complete and so lican parties over the past two cen- longs to the States, not the Federal solid a basis of morality as the Ten turies that Congress does have both the Government. Commandments lay down.’’ right and the obligation to interpret Jefferson forcefully argued, and I And Noah Webster, an attorney and the Constitution for itself. Our oath of quote, ‘‘No power to proscribe any reli- constitutional expert declared, and I loyalty is not to the judiciary’s opin- gious exercise or to assume authority quote: ‘‘The opinion that human reason ions but rather is to the Constitution in religious discipline has been dele- left without the constant control of di- itself. Or, as President Andrew Jackson gated to the Federal Government. It vine law and commands will give dura- so accurately explained, and I quote, must, then, rest with the States.’’ tion to a popular government is as un- ‘‘Each public officer who takes an oath Jefferson repeated this argument on likely as the most extravagant ideas to support the Constitution swears numerous other occasions, explaining that enter the head of a maniac. Where that he will support it as he under- that the issue belongs to the States, will you find any code of laws among stands it and not as it is understood by not the Federal Government. For ex- civilized men in which commands and others.’’ ample, in 1798 he declared, and I quote, prohibitions are not founded on divine Mr. Speaker, before yielding to the ‘‘No power over the freedom of religion principles?’’ end quote. gentleman from Pennsylvania, I would is delegated to the Federal Government Clearly, those present at the forma- like to say that this country was by the Constitution.’’ And in his sec- tion of our government saw no problem founded on Judeo-Christian principles ond inaugural address in 1805 he de- with the public use of the Ten Com- and those of us who serve in the United clared, ‘‘The free exercise of religion is mandments. In fact, they saw grave States Congress have a responsibility independent of the powers of the Fed- consequences of any country that did to remember that this Nation was eral Government.’’ not follow them. Nevertheless, despite founded on Judeo-Christian principles. Very simply, according to Jefferson, what some Members and some in the Mr. PITTS. I thank the gentleman the purpose of the first amendment was media have claimed, the bill would not from North Carolina for that con- to keep religious issues from being force anyone to display the Ten Com- tinuing explanation of the right of Con- micromanaged at the Federal level. As mandments. The bill simply transfers gress to read and interpret the Con- Jefferson explained to Supreme Court the decisions on voluntary posting of stitution for itself, and not just rely on Justice William Johnson, and I quote, the Ten Commandments back to the the courts. ‘‘Taking from the States the moral States and communities where the de- Indeed, there is nothing sacrosanct rule of their citizens and subordinating cisions properly belong. about a Supreme Court decision. The it to the Federal Government would Those who argue that the Constitu- Supreme Court has reversed itself over break up the foundations of the Union. tion says otherwise need to recheck the 100 times since our Nation’s founding. I believe the States can best govern our wording of the Constitution for them- At this time, batting cleanup, I yield domestic concerns and the Federal selves, rather than simply embracing to the gentleman from South Carolina Government our foreign ones.’’ the arguments of the constitutional re- (Mr. DEMINT) to talk about one of the The Bill of Rights was specifically visionist who wished the Constitution more controversial issues that we face designed to leave decisions on things said something other than what it real- this session, the Ten Commandments like posting the Ten Commandments in ly says. This House has taken a com- posting. the hands of the States. Consequently, mendable step toward securing the fu- Mr. DEMINT. I thank the gentleman the Ten Commandments bill passed by ture for every American by returning from Pennsylvania for his leadership the House does not violate Jefferson’s more decisions and freedoms back to and for yielding. separation of church and state concept. the States and back to our schools. I Mr. Speaker, this House of Rep- Rather, it confirms Jefferson’s clearly urge my colleagues to support the juve- resentatives recently passed a bill stated design. nile justice conference report that in- sponsored by the gentleman from Ala- cludes the Ten Commandments provi- b 2115 bama (Mr. ADERHOLT) which was re- sions when it comes to a vote. lated to the Ten Commandments. This However, even if some were to assert Mr. PITTS. Mr. Speaker, I thank the measure is now part of the juvenile jus- that the decisions on the display of the gentleman for that excellent discussion tice bill that along with other value-fo- Ten Commandments should be a Fed- of the original intent of our framers re- cused provisions will make our schools eral issue, we can still strongly defend garding religious liberty and the Ten safer and our communities better the people’s freedom to display the Commandments posting debate that we places to live for everyone. commandments. Consider the words of have had recently with the juvenile Surprisingly, several misguided ob- President John Adams who signed the justice bill. jections about the Ten Commandments Bill of Rights as he links the Ten Com- I want to say a final thank you to all bill were raised by some of my col- mandments with our laws protecting of the participating Members tonight. H9886 CONGRESSIONAL RECORD — HOUSE October 12, 1999 It has been most informative to listen to see which way the wind is blowing maintenance organizations. Well, we fi- to each of my colleagues as they have and shaping our actions and our poli- nally came to a point where we got a shared the very words of our Founding cies in accordance with public opinion. vote on the floor. We got a long debate, Fathers. And as we have listened to It is very interesting that this is a year and there were attempts to poison the these words, it becomes crystal clear when, in very important areas, we are bill with substitutes and even now, that, to the extent that the First not listening to the people when we there are attachments to the bill which Amendment addresses the interaction should be. place the HMO Patients’ Bill of Rights between public life and religious belief, I am not saying that we should al- bill in some jeopardy, but at least it it is this: that the only thing that the ways follow public opinion; I think a has been accomplished, finally. representative government means that First Amendment prohibited was the But what took so long when so many Federal establishment of a national de- they expect some judgment to be exer- Americans have made it quite clear nomination. The freedom of religion, cised by those who are elected and that they wanted something done therefore, is to be protected from en- sometimes their conscience and their about reining in the HMOs. They want- croachment by the State, not the other knowledge and their vision may con- ed this Patients’ Bill of Rights very way around. flict with the opinion of the masses; badly. Do we always have to reach the Mr. Speaker, with the words of our but in general, we should always be lis- point where 80 percent of the people are Founding Fathers, and they are many, tening. And when there is a conflict, for something before we can get some from George Washington to John we should certainly try to work to- action by the Republican majority here Adams to John Jay, Benjamin Rush, wards some kind of compromise, some in the House? Why must it take 80 per- John Quincy Adams, Fisher Ames, kind of merging of our own opinions cent before they realize that there are Daniel Webster, Abraham Lincoln, with those of the majority. We pay a political dangers in not doing any- Thomas Jefferson and others cited to- lot of money for polls and both parties thing, so finally they yielded and we night, each one of these men was fully and individuals rely heavily on focus were able to get a Patients’ Bill of committed to the primary role that re- groups and all kinds of devices to find Rights, flawed as it may be, passed out ligion played in public life and in pri- out what people are thinking. of the House and it is now going into vate life, yet without the establish- But we have a situation now where it the conference process with the other ment of one particular denomination. is quite clear on several major issues So, Mr. Speaker, as we continue to exactly where people are, where the body, and the other body has a bill consider the many policies that lie be- majority is, and this Republican major- which is quite different and weaker, fore us, from charitable choice to op- ity refuses to listen. Of course I am and we must watch closely to see that portunity scholarships to attend reli- told that if the Republican majority the Patients’ Bill of Rights, the heart gious schools, to governmental con- wants to shipwreck that first session of of the matter, is not sabotaged and tracting with faith-based institutions, the 106th Congress, or maybe the next rendered impotent. even to the posting of the Ten Com- session too, and we come to a situation It is very important that with all of mandments on public property, let us where their conflict with the majority the kinds of experiences that we now do so with a true intention of the fram- of Americans is so great until the have, all of the anecdotes that can be ers in mind, and that intention was to democratic process will go into action, told on either side, both Republicans allow and encourage religion, both to and it will throw them out of office. We and Democrats, if one is a flourish and to inform public life, yet should not worry as Democrats; we Congressperson, one is constantly still without naming a particular state should be happy that there is such con- being assailed with stories of the HMOs religion or denomination at the Fed- fusion and such day-to-day trivializing and our failure to do anything to com- eral level. of the processes of the Congress. bat the abuses that HMOs are guilty of. Everyday we have stupid bills that That is fully possible. So it is something that had to be really do not mean very much and are Instead of shutting it out and deny- done. The focus groups told us, the a waste of time. In our committees, in- ing even the purely practical solution polls told us; but it took us a long time stead of meeting issues head on, we are that it offers, let us not be afraid of the to get there. I am happy to see that in dancing around them and camouflaging good that religion can and does bring certain places there is movement the real intent of the majority on these to public life. Indeed, it is one of the ahead of the Congress and we will have bills. Currently we have a situation of reasons that we have such a great to run to catch up, but I think that that kind in the Committee on Edu- country called America. there is such a strong impetus to have cation and the Workforce as we seek to f justice in the area of health care that reauthorize the Title I portion of the we are going to get it by and by. It just THE REPUBLICAN MAJORITY IS Elementary and Secondary Education takes too long. The democratic process NOT LISTENING TO THE AMER- Assistance Act. I am sure many other should not take so long. ICAN PEOPLE committees are finding the same tac- The SPEAKER pro tempore (Mr. tics where we do not address reality, I understand that California, in Cali- OSE). Under the Speaker’s announced we trivialize the process by playing fornia today or yesterday, the governor policy of January 6, 1999, the gen- around the edges and we are proud of signed a bill where California now has tleman from New York (Mr. OWENS) is not doing anything. This is a no-com- a standard, a fixed standard for nurse recognized for 60 minutes as the des- mitment Congress. and patient ratios. In nursing homes ignee of the minority leader. Some people have often used the joke and hospitals, we have to have a cer- Mr. OWENS. Mr. Speaker, we are, I that when Congress is out of session, tain number of nurses in ratio to the hope, nearing the end of the first ses- the Republicans say it is good for us patients that is reasonable so that the sion of the 106th Congress, and there not to be around because we only do patients will get a reasonable amount are some people who say that probably harm when we are here. Well, I think of care. Governor Gray Davis, Demo- the end of October we might end the that worse than doing harm is to not cratic governor of California signed session; but from what I hear today, it address the issues at hand and to do that bill. I want to congratulate the may be close to Thanksgiving before nothing, sins of omission are the sins people of California, congratulate the we get out of here. Either way, it is a of the 106th Congress. It is a shipwreck legislators out there for moving for- most regrettable session; it is a tragic Congress as we come closer to the close ward on correcting a major abuse that comedy that ought to end as soon as of this first year. It seems that matters HMOs have caused as a pressure to possible. are growing worse each day, not better. bring down the cost of health care, the One of the most regretful parts of We might say that maybe we had a amount of money that they pay the this session is that the Republican ma- high point last week where we did vote hospitals for health care. They have jority that is in charge of the Congress on the HMO Patients’ Bill of Rights, forced hospitals into situations where is not listening to the American peo- the Patients’ Bill of Rights that would they have cut back on personnel, often ple. We as politicians always are ac- allow people to have some kind of personnel that is vital to the health cused of holding our fingers in the air leveraging as they deal with the health and safety of the patients. October 12, 1999 CONGRESSIONAL RECORD — HOUSE H9887 b 2130 But why should the person who needs drugs. We have a situation where we We should not tolerate that. There it most and the people who are most are charging our citizens far more for are elements in the Norwood-Dingell frail, who are the eldest people, the those drugs that are created in this bill which deal with standards, deal people who have declining incomes, in country than citizens of other coun- with protection, access to services, many cases, or no incomes, do without? tries are being charged. emergency care; a number of very di- In too many instances, I have had peo- We do not have to go all the way to rect approaches which rein in abuses ple tell me, I could not keep taking my Europe, just go next door to Canada or that are known to have been practiced medication. I could not maintain the next door to Mexico, and we will see by the health maintenance organiza- drugs that I needed because I just did tremendous price differences between tions. not have the money. It was a matter of the drugs, important prescription Most important in the Norwood-Din- either I eat or I take my medications, drugs, that are being sold in Canada gell bill is the provision for the suing and I had to stay alive. and in Mexico versus the price we pay of HMOs. We can take an HMO to court Some of those same people, we do not here. and sue, which nobody is recom- find them around after a few months Many of these same drugs have been mending a large number of court suits. because the drugs they take are vital developed as a result of basic biology But if the power to sue is there, then it to their health, or they become much and chemistry, research that has been establishes a whole different environ- sicker as a result of not being able to done in American universities financed ment that patients operate in, and it is take drugs that are beneficial to the by the taxpayers of the country, and very important to keep that provision prevention or the retardation of cer- have been done in our institutes of in there. tain kinds of advancing ailments, so health. There are studies and all kinds So we can applaud that finally, after they get very sick, they go the hos- of things we do to enhance the produc- begging, after pleading, after pushing, pitals and they are charity cases. They tion of important, modern drugs. But after the public opinion polls kept ris- must be taken care of in a much more we are, as citizens, forced to pay enor- ing, we were able to get some action on expensive setting than would be the mous prices, far more than people in the floor. We have a bill that is going case if they were allowed to have pre- other countries. through a process now which has to be scription drugs. This is unacceptable. This is a reason watched closely, but I hope it is pro- I am on several prescription drug to get angry. We cannot dawdle here in gressing. bills. I am happy to say that we have the Congress and let this continue to The fact that the House and Senate colleagues who have proposed rem- go on. We need to come to grips with now have to go into conference and edies, and the President has certainly the fact that our people, our citizens come out with a bill that both Houses proposed an initiative that will begin who in many cases have financed, par- can live with and the President will to deal with the problem of the denial tially financed, the development of im- sign is a good sign. We are much fur- of prescription drugs to persons who portant, modern drugs, are being ther along than we were, I assure the are in need of these drugs. charged enormously excessive rates for Members, before we passed that bill I am on a bill that the gentleman the use of those drugs. That is more last Thursday. from Massachusetts (Mr. FRANK) has to unfinished business. Prescription drug benefits are not require the Secretary of Health and The public says they want something dealt with in this bill. This is to deal Human Services to submit to Congress done about this. The polls say we need with reining in HMOs. There are some a plan to include as a benefit under the to do something about it. The people items in there related to prescriptions Medicare program coverage of out- have spoken, but nobody is listening. and how HMOs must handle prescrip- patient prescription drugs, and to pro- The Republican majority is not listen- tions. There are some efforts to cut vide funding for that benefit. ing to the American people. abuses by health maintenance organi- I am on another bill that the gen- Some folks in New York State, for zations in the case of prescriptions, but tleman from New York (Mr. ENGEL) example, have made a joke out of the we have not addressed the issue of pro- has, which is a bill to amend title 18 of fact that the First Lady, Hillary Clin- viding prescription drug benefits for the Social Security Act to provide for ton, is considering running, exploring a people who are on Medicare. the coverage of outpatient prescription possible run for the Senate. She has an- There is a need to be able to let every drugs under Part B of the Medicare nounced for several months now that American share the benefits of modern program. she is on a listening tour. She is not science. There is a need to be able to The gentleman from Maryland (Mr. running, she is on a listening tour. make certain that no person goes sick CARDIN) has a bill. I am certainly on a They made fun of that and thought it or is in pain unnecessarily. If we have bill with our colleague, the gentleman was very funny, that it is a new twist, the drugs, if we have the medication from Washington (Mr. MCDERMOTT). In and people like to play with it. But I which can ease pain, can improve his bill, of course, he covers all pre- think it is a very good idea, to have health, then the fact that a person has scription drugs, because that is a sin- every American elected official start no money should not be a barrier to gle-payer bill, H.R. 1200. out by listening. the use of those modern miracle drugs. I just want to take this opportunity It is a very important part of our ac- I think that there are some situa- to say that H.R. 1200, the single-payer tivity. We pay a lot to get to the point tions where various ailments or dis- bill sponsored by the gentleman from where people are talking to us through eases are quite rare and unusual, and Washington (Mr. MCDERMOTT), is still our polling, through our focus groups. the production of the drugs and medi- very much alive as a piece of legisla- It is a vital part of the operation. No cations necessary to treat them is very tion. We continue to reintroduce it. I political campaign goes forward with- costly. They deserve special treatment. am on that bill. out polls and without attempting to But there are a large number of drugs I am on a bill with the gentleman measure the opinion of the public. which are designed to deal with com- from Rhode Island (Mr. KENNEDY), with So we know that they want prescrip- monplace ailments. the gentleman from Vermont (Mr. tion drug benefits. We know they want Diabetes is an ailment which afflicts SANDERS), a bill to require persons who a bill of rights for health maintenance millions of Americans. There are medi- undertake federally-funded research in organization patients. We know this cations for diabetes which everybody developmental drugs to enter into rea- very well, so why is the Republican should be able to have access to. Some sonable pricing agreements with the majority refusing to listen to the of them are a bit expensive, and expen- Secretary of Health and Human Serv- American people? sive is a relative term. If a widow is on ices, and for other purposes. We have some areas where the public a small pension and social security and Some might have seen some of these has no opinion or no particular concern has to pay her rent and food, et cetera, exposes that have appeared on tele- where there is a great deal of activity what is expensive to that widow might vision in the last few months of what here in Washington to spend their seem rather inexpensive to some others the drug situation is with respect to money, to spend the taxpayers’ money. of us who are healthy and still working the United States as a principal cre- The other side likes to talk about tax- and have good salaries. ator and manufacturer of modern payers’ money being wasted on food H9888 CONGRESSIONAL RECORD — HOUSE October 12, 1999 stamps and WIC programs and Medi- The F–22 enterprise in Marietta, Georgia, thrown by the Army. Pakistan has had care and programs that benefit people, represents a long-term, overwhelming pork a long history of military rule; and but they are very much involved in the barrel. For this same amount of money, we whenever the military rules, they only effort to revive the F–22. could double the number of jobs in the civil- go backward. They have a lot of eco- ian sector, creating infrastructure and serv- The F–22 is an airplane that may be ices that are needed. The F–22 is Republican nomic problems at this point, and they a miracle airplane. It may be able to do pork. In the Federal budget, this is a huge are likely to get worse. Why is the all the things, one day, when they get hog that deserves to be slaughtered. Pakistani Army in charge now? Be- through with the research and testing. My point is that the F–22 in 1995 was cause the elected prime minister, a The F–22 may be a miracle airplane on no list of public opinion at a high person chosen by the people, decided to able to do wonders, but it costs billions level demanding that we build F–22s. In dismiss the chief of staff of the Army, of dollars to manufacture F–22s. They 1999, it is even less desirable than it the chief of the Armed Forces. The are trying to work out a situation was in 1995. Yet we are going ahead, chief of the Armed Forces is the person where they can get it through the test- not listening. We are not listening to rumored to have caused a major up- ing stage and we will build $50 to $60 the public when they say they want a heaval a few months ago when he billion worth of F–22s. Patients’ Bill of Rights, we are not lis- marched without the knowledge of his Why do we need $50 to $60 billion tening to the public when they say, we government, without the knowledge of worth of F–22 fighter planes when we want prescription drug benefits. We are the prime minister, of the approval of have very good planes that are far su- not listening to the public when they the elected officials that went into perior to any planes manufactured any- say, we want school construction, an Kashmir beyond the line of demarca- where in the world? Why do we need increase in the minimum wage. They tion and caused a crisis with India. another super super fighter plane? But are not listening, but they are trying That blunder is the kind of blunder there is a great deal of discussion un- hard to put together a program to that could lead to a situation where we derway about what can be done to save maintain the F–22 in 1999. would inevitably be drawn in, not that the F–22, how can we develop a ration- In 1995, I did a little poem for them we could do much to solve the problem. ale to spend billions of dollars to de- that went as follows: In that place, it is not so easy to have velop this plane that is manufactured a bombing campaign which would bring The F–22 for pork, not for me and you. whoever is right and wrong, and it is mostly in Marietta, Georgia, the home The F–22, toys for skies blue, district of our former Speaker of the Empty of any enemy crew. not clear who is right and who is House of Representatives, Mr. Ging- The F–22, jobs for just a few. wrong, to the table. rich? What can we do to revive the F– The F–22, rich Georgia stew, In that situation, there may be two 22? Pork, pork, pork, not for me and you. recent nuclear powers, I will not say The public is not asking for the F–22. Off the orphans, starve the kids, amateur nuclear powers but they cer- In no poll, no focus groups will we hear Save the contracts, roll out the bids. tainly are recent. There is a recent ac- people crying for more F–22s. I marvel Bully the poor, be a high-tech dog, quisition, recent testing of nuclear Eat the best meat high on the hog, bombs. If they start throwing bombs at at the way the majority, the Repub- For the peach, who gives a hoot? lican majority, gets stuck and stays in The F–22 pork is now the Georgia State fruit. each other then the atmosphere is pol- one rut. Pork, pork, pork where they grow, the F–22, luted, the winds are blowing, who any- I was looking through my records that is the speaker’s hometown, too. where in the world is going to be safe and found that on March 14 of 1995, The F–22, pork, pork, pork not for me and from the kind of radiation fallout? Who that is 4 years ago, more than 4 years you. anywhere in the world will be safe from ago, I commented on the F–22 and the b 2145 the kinds of things that would perma- folly of pursuing money for the F–22 at nently be done to the environment as a a time when the Republican majority The F–22, mostly manufactured in result of some kind of even a small- was proposing to save money by cut- Marietta, Georgia, the home of former scale nuclear war between Pakistan ting back on school lunches. I think Speaker Newt Gingrich, and there are and India? about a month later in April I talked still people who are working day and So we ought to be studying ways to about, the Nation needs your lunch, night to put together a plan to keep deal with making peace in the world. where the Republican majority was that F–22 flowing at the cost of billions And Pakistan, India, and Kashmir saying to schoolkids, we have a budget of dollars. ought to be one of those places that we crunch. We need your lunch. We have Nowhere is the public asking for are focusing attention on. to cut back on school lunches in order more F–22s. We are spending a great We have focused very little of our en- to make certain that we balance the deal and amount of time to do the ergy and attention on that region. If budget. things that nobody wants done, except the same kind of energy and attention That same Republican majority was a small special interest few, but we are that we focus on the Middle East was at that time very much pushing the F– ignoring some other big issues. While focused on that area, we might have 22. I am going to go back and read from we dawdle here in this 106th Congress gotten close to a solution by now. Not March 14, 1995, what I said: and do not pay attention to anything that we have done too much in the of great importance, the era of pros- Mr. Speaker, I would like to make one Middle East. We just need to do as more plea for justice. I want to again beg the perity and relative peace in the world, much to deal with the world’s second leadership of this Congress to abandon its which has given us time to focus on im- most populous nation, India, and a reckless demolition of the programs that portant vital matters, is being whittled very densely populated nation of Paki- have helped to make America great in the away. stan. eyes of the whole civilized world. The way we We should be dealing with the fact There is a territory called Kashmir, as a Nation have treated the least among us that in this era of peace, we should in- and it lies between India and Pakistan. is the vital ingredient of our greatness. vest more funds in ways to keep peace And years ago when I was still in This is a plea for honest decision-making. going, not in F–22s and other war ma- school, India promised that it would Yes, there is waste in government and it must be removed, but school lunches and chines that are really outdated. allow self-determination for the people summer youth employment programs are Where is the next contact likely to of Kashmir. That has been on the agen- not wasteful. These are the government pro- come from? Probably between India da for all of these years and still no grams that work. These are the programs and Pakistan. Every day some new de- plebiscite, no vote has been allowed that are still very much needed. The CIA is velopment takes place way over there under the supervision of the United Na- not needed at the level of $28 billion a year, between two very highly populated tions or some kind of outside objective which they admitted was at least that much countries that have been at each other observers, which would allow the peo- in 1995. The farm price supports for rich for quite awhile, mainly over the issue ple of Kashmir to make a determina- farmers are no longer needed at the level of $16 billion a year. We do not need another of Kashmir. The Pakistani government tion as to what they want to do, wheth- Sea Wolf submarine, and we certainly do not was overthrown today. There was a er they want to become part of India or need to spend billions of dollars for F–22 coup. The elected government, elected part of Pakistan, or become inde- fighter planes. by a majority of the people, was over- pendent. October 12, 1999 CONGRESSIONAL RECORD — HOUSE H9889 India says, no. The focus of the world world where as a matter of foresight we saying we think that it is only fair is on the gun-happy army of Pakistan. ought to be investing more heavily in that there be an increase in the min- Yes, that is a problem. Pakistan must peace, but we are not listening. imum wage. find a way to control its own military. The Republican majority is not lis- What the Republicans are proposing On the other hand, the situation is ex- tening to the American people. They in the area of programs that help the acerbated by the fact that India over are not listening. On the HMO bill of people on the bottom the most are these years has refused to allow a pleb- rights, they were not listening. They across the board cuts at this point. We iscite where the people can vote their are not listening on prescription drug have the appropriations process, which own destiny. benefits. They are not listening on the is creeping forward. We applauded, we were very happy minimum wage bill. I said this, this first year of the 106th when finally East Timor was allowed We have a minimum wage bill now Congress, is a tragic comedy. It is trag- to vote and overwhelmingly the people which Members of the House of Rep- ic that certain vital things are not get- of East Timor voted to be independent. resentatives have signed a discharge ting done. It is a comedy to see the As a result of that, of course, they paid petition for because under normal cir- kinds of proposals that keep popping a heavy price because in a very few cumstances we could not get the bill to up that they expect us to take seri- days the Armed Forces, disguised as the floor. Now that large numbers of ously. Even the Republican candidate guerrillas and local militia, exacted a members have signed and we also know for President has stated that he does heavy toll in terms of lives and prop- that a considerable number of members not want to be identified with certain erty; but it went forward. Troops from of the majority, of the Republican proposals that have been made re- Australia are there now, and people Party, are willing to vote for a min- cently. One proposal to cut off the who like to put down military inter- imum wage bill, finally we hear rumors lump sum payment of the wage exten- ventions and say they are never good, I that there is going to be some move- sion that people get as a result of hav- think the people of East Timor, a very ment on a bill which would merely ing worked and not making enough small nation of less than 500,000 people, raise, merely raise wages from $5.15 an money, they now want to cut that into welcomed the entry of the Australian hour to $6.15 an hour in a two-year pe- 12 parts and pay it out on a monthly and other troops under the United Na- riod, fifty cents a year over a 2-year pe- basis instead of the earned income tax tions command to help bring some jus- riod. credit being paid in a lump sum at one tice there. Considering the fact that we have un- time. I think the reaction of the Re- Well, we hope we never have to send precedented prosperity in this Nation, publican candidate for President was troops to Kashmir, and I doubt if it our CEOs, corporate heads, are making he does not want to be any part of an will be so easy to do that. Why are we salaries higher than ever before, some action which attempts to balance the not working on some peaceful solutions of their salaries dwarf the budgets of budget on the backs of the poor. I ap- to that problem right now? Why are we small countries, we are in a situation plaud his candor, and I applaud his not working on peaceful solutions to where the majority, the Republican truthfulness, but that only led to an- the problems in a large number of majority, will not listen to the Amer- other absurd and very harmful proposal places in the world? ican people who say it is only fair, only by the Republican majority. Why do we not spend some money on fair that we increase the minimum Now they are proposing across the our peace academy? We have a peace wage so that the people on the very board cuts. Let us cut everything dras- academy. Most people have never heard bottom are able to begin to make their tically. The Health and Human Serv- of it. There is an organization with a work count for more. ices bill, which contains most of the very tiny budget that does things in People who are making minimum programs that benefit the poorest peo- the name of promoting peace. Our wage, a family of four who lives in pov- ple in America, that was being targeted peace academy really ought to be as erty, they are still below the poverty as the last bill to come out of appro- large as our military academies, if we line at this point if they are making a priations, where the highest amounts are serious. We have West Point. We minimum wage. Let us raise it over a of cuts will be made. Now they are get- have the Naval Academy. We have the two-year period by one dollar. Repub- ting a little more generous and saying Air Force Academy. We have the Coast licans have a counterproposal. The we are not going to just make them Guard Academy. We have the War Col- leadership of the majority of the Re- bear the brunt of the burden. We will lege. We have numerous places where publican Party has not committed have it across the board and all the ap- we are still training some of our best themselves, but there are proposals to propriations bill will be cut and let ev- minds for war, for old fashioned war, raise it 25 cents per year over 4 years. erybody suffer. At a point in history violent war, but we have no places The unprecedented prosperity that where we have the greatest prosperity where the Federal Government is in- we enjoy now is not enough to make this Nation has ever known, we want to vesting significant amounts of money them sympathetic toward a 50 cent in- go to the American people and say, we to train people for peace. crease per year, but it appears that fi- are going to cut title I; we are going to So I mention this because the folks nally they are going to listen to the cut Head Start. We are going to cut who are here pressuring to find billions point of yielding to a minimum wage food stamps; we are going to cut aid to of dollars for the F–22 are off course. bill being placed on the floor, if they college students. The Pell grants and They are certainly not listening to the can exact a high price for business. student work programs, we are going American people. I think if it went to There may be some compromise com- to cut. We are going to cut and say the American people, common sense ing. I think it is important. It is impor- with a straight face that we are being would set a different agenda. They tant to people in my district. New responsible. This is responsible because would say, what is being done to pro- York is one of the States with large we need the money in order to put it mote peace? How are we investing to numbers of people who are still making into a pot for a tax cut, a tax cut for promote peace? And that would go for- only the minimum wage, and we need people who are working and earning ward. to help those people who are working sizable amounts of money. We are not listening, though. We are get better rewards for their work. Most of the tax cuts, the greatest not listening to those who want to see The welfare reform bill is coming to benefit of the tax cuts, would go to the justice in the world with the least cost- a point now where the limits are going richest people in America. That is re- ly means, and that is through a process to be kicking in, and more people are sponsible. That is listening to the of peaceful negotiations. In Kosovo, going to be thrown off welfare, cer- American people. there are some people who have said tainly some mothers of young children, The fact that the polls show that that it would not have gotten as bad as and they need to have jobs out there most people have used their common it was if we had given the peace proc- that at least pay $6.15 an hour instead sense and said, look, this tax cut does ess, the nonviolent approach, more re- of $5.15 an hour. The Republicans are not make sense, the people who need it sources; and they are probably right, not listening, but I think we have most are not getting it, the people who but that is a matter of hindsight now. reached the 80 percent point, at least 80 need it least are getting the most, why There are a lot of situations in the percent of the American people are do we need this kind of tax cut? I am in H9890 CONGRESSIONAL RECORD — HOUSE October 12, 1999 favor of a tax cut. I am in favor of a in one corner of the room and another own set of principles and our own val- tax cut, but we ought to start at the teacher in the other corner of the room ues to help guide public opinion into bottom and cut the payroll taxes on and expect to have any productive realization of how dangerous it is not the poorest people in America. teaching taking place. It will not hap- to have campaign finance reform and The biggest increases in taxes over pen. So as we get more teachers in to have money play such a great role in the last decade has been in the payroll order to reduce the size of the classes, our democracy. taxes, Social Security, and the taxes of they need more classrooms. Let me just go a little further on this Medicare, the taxes that have been im- It goes on and on and the public says, education issue. When we take the edu- posed on everybody, and poor people look, we are tired of it. We want more cation issue and break it down into have paid the biggest increases. So let done about education, and we want spe- parts, the polls show that 80 percent of us start there and cut the payroll tax cifically to have something done about Americans support at least three edu- first, and then come up and cut the school construction, school infrastruc- cation priorities. What are those three people at the lowest income levels first ture, school repair, school wiring, priorities? Fixing rundown schools. and keep going so we can give the mid- things related to the physical infra- Ninety-two percent favor fixing run- dle class, which probably suffer the structure. down schools, 92 percent. Only 7 per- most, because they have enough money I have been saying this for some time cent opposed, and 1 percent says they to really place them in jeopardy in so I guess my credibility in this House do not know. Let me just say that terms of unfair taxation but not would not be that great because one again. Fixing rundown schools, 92 per- enough to be able to benefit from all might say I am prejudiced, I am locked cent favor, and only 7 percent oppose. the loopholes and the corporate give- into a position. Let us look at the polls Are we listening? Is the Republican aways so they suffer the most. The that all of us politicians respect. majority listening? Is the Democrat middle class needs some relief, but that b 2200 minority listening? Are our Demo- is not the way the Republican majority cratic leaders listening? Is the White proposes to handle the tax cut. The ABC News, Washington Post poll House listening? After they have across the board released on September 5, 1999 says the We do not have in this Congress ade- cuts, their tax cut will not give the following: Support for education over quate proposals to address the fact money to the majority of the people in tax cuts. We find that improving edu- that 92 percent of our people say fixing America in any kind of significant cation and the schools will be very im- rundown schools is a top priority. way. So they are not listening. They portant to 79 percent of Americans Eighty-six percent say that reducing are not listening. when choosing the President next year class sizes is a top priority; 86 percent Eighty percent of the people say this more than any other issue, more than favor, 13 percent oppose, 1 percent says tax cut proposal is no good, but they any other issue. Only 44 percent say they do not know. But reducing class are not listening. When it comes to cutting taxes is very important, mak- sizes, 86 percent favor and 13 percent education and school construction, ing it 14th out of 15 issues. oppose. that is a high priority. The American Do my colleagues want to know what Placing more computers in the class- people keep demanding it. I have been the 15 issues are? The top five issues, room 81 percent favor, 16 percent op- on the floor time and time again say- according to the ABC News, Wash- pose, 2 percent do not know. A lot of ing that the people want more Federal ington Post poll released on September people will say, well, that is a luxury, assistance for education. They want 5, 1999 is, one, improving education, 79 computers in the classroom, hookup more government involvement at every percent rank education as the number with the Internet, all this stuff. We level. Whether we are talking about one issue; handling the economy, 74 need pencils and papers. We need the State government or the city gov- percent; managing the budget, 74 per- chalk. We have got to stay with the ba- ernment or the Federal Government, cent; handling crime, 71 percent; pro- sics. they want more government. tecting Social Security, 68 percent. Well, I think the common sense of My people in my district need help. Now, the fact that any one of these the American people have run off and They are tired of situations where the made the top five is such that I would left Members of Congress who think children have to eat lunch at 10:00 in not quibble about which is most impor- that computers, educational tech- the morning because the school is so tant, first place or third place or fifth nology, hookups with the Internet, all overcrowded, and most of the schools place. Those are top five. Education is that is not vital to the education of in my district there are twice as many always in the top five for the last 5 children in 1999 who are going to be in students as the school was built for so years. Sometimes it trades places with a cyber-civilization tomorrow. They it is overcrowded from the time they Social Security and sometimes with are going to have to take jobs in a come in in the morning to the time crime. Education has always been world where, if one cannot use com- they leave, and the lunchroom cycle there. In this poll, 79 percent say im- puters and use them effectively, there has to be arranged so that the lunch- proving education is the top issue. is very little hope for one ever having room is not overloaded at any one What are the lower five of these 15, the opportunity to make a decent liv- time. That means that some schools they are still important issues: Helping ing. have to have three and four lunch peri- the middle class, 61 percent. Handling So placing more computers in the ods. If they have to have three and four gun control, 56 percent. Still over the classroom is of vital importance. The lunch periods in order to get the kids majority feel that handling gun control common sense of the American people in there safely and out, then they have is important. Handling foreign affairs, has sensed this. Instincts have told to start having lunch in some cases at 54 percent. Still over a majority, over them that this is important. 10:00 in the morning. That is child the 50 percent. Cutting taxes, below the We are privy to all kinds of studies. abuse. To make a child eat lunch at 50 percent. Only 44 percent are inter- We know, as Members of Congress, that 10:00 in the morning is child abuse, but ested in cutting taxes. we are considering another bill to bring it is going on in large numbers of Campaign finance reform, 30 percent. in people from outside the country who schools because they see no way out. I am sorry to see that campaign fi- would fill the jobs and information In the same schools, there are some nance reform is down there so low, but technology because we have so many students being taught in the hallways, to make the top 15 is important consid- vacancies. There is so much pressure some being taught in closets. There are ering this Nation has more than 250 from industry here in this country to situations where the President’s pro- million people, and all the opinions of get more people from the outside to posed bill to give money for more different problems and issues to make take these jobs. We know that. Most teachers at the lower grades cannot the top 15 is important. Campaign fi- people out there do not know that. help us because of the fact that if they nance reform is one of the those issues But their instincts tell them, their get more teachers, they do not have a where I think we elected officials, observations at a very low level, with- way to reduce the classroom size be- Members of Congress, and others have out all the benefits of the staff and the cause there are no classes. In a first to move public opinion. We have to ex- studies that we have, say that com- grade class, one teacher cannot be put plain to the people. We have to use our puters in the classroom are important. October 12, 1999 CONGRESSIONAL RECORD — HOUSE H9891 In other words, 80 percent of Ameri- the Governor vetoed a bill which called one life and they only go through the cans support at least three education for $500 million to help repair schools. process of being educated one time and priorities: fixing rundown schools, re- The burden should not only be on the they cannot afford to wait any longer. ducing class sizes, placing more com- shoulder of the Federal Government. They are desperate. But in their des- puters in the classroom. We need movement on the Federal peration, they are turning to a system I think I have just begun to tell my Government because, in the process of which will also disappoint them, be- colleagues that the three are insepa- having the Federal Government move, cause all we have done is create a hope rable. If we do not fix rundown schools, we hope to stimulate and drag along in a false institution that does not if we do not create more space, if we do other levels of government in this proc- exist. The private sector cannot handle not allow funding for schools to be able ess of getting schools built. the millions of youngsters in public to wire for the Internet, and, in many Why do I think it is so important? schools who need help. cases, the wiring in the walls will not Because, as I said many times before, There is a large scholarship program take, and they have to be rewired, in in any religion, the state of the temple, that was developed by some million- many cases they have asbestos prob- the church, or the synagogue, the way aires in New York and they put up lems, and that has to be taken care of the physical building looks is the be- large amounts of money and a thou- as a construction issue. So fixing run- ginning of the assessment of the way sand youngsters could be provided with down schools is vital in order to be able people feel about that religion. If it is a scholarship which allowed them to go to put more computers in the class- a dilapidated, rundown, neglected to a private school of their choice. The room. building, then nobody is going to take money that they got as a scholarship Fixing rundown schools, of course, is the parishioners seriously about their would pay half of it. obviously vital if we are going to re- religion and the way they feel about it, Thousands and thousands are on the duce class sizes. In the places where because that symbolism, that highly waiting list because there are no the children have the greatest amount visible statement of how one feels is schools to accommodate all of those of problems with reading, and where we there. young people. There are no private want to reduce class size in order to be When one does not take care of schools that can accommodate it. It able to give the early teachers the ele- school buildings, one sends a message would take 20 or 30 years to build a pri- mentary grades, a chance to be able to to parents in my community and cer- vate school system that could accom- help kids more, to learn to read, to es- tainly in inner city communities modate the 53 million children who tablish the basic fundamentals that across the country that we have aban- now go to public schools in America. allow them to be successful in school, doned the schools. That is almost true. It is not an answer to the problem. in those places, they have the worst The major leaders of America, the peo- And the parents who have given up physical plants, the worst infrastruc- ple who are in the power structure, hope are only going to have their hopes tures. They do not have any classes. have abandoned public schools in their dashed greatly as a result of this illu- They need more classes before they can heads already. Many have overtly done sion that is being created by people have reductions in class sizes. who wanted to destroy public schools We are not talking in New York City it. Others do not realize yet, but the to make a point and to prove that the this fall about the tremendous short- way they behave, their hesitation, private sector can do it better. age of classrooms and the over- their neglect, their sins of omission means that they have abandoned public If they lose a generation, they are so crowding. We talked about it last year cold hearted that they do not particu- and the year before. Now the silence is schools already. Because if one does larly care what happens to that genera- such that one thinks the problem has not move to build and rebuild the phys- tion. But that is about what we are fac- been solved and resolved. It has not. ical infrastructure, then all hope is There is more overcrowding now be- lost. ing. A generation will be lost while we try to get in place a private school sys- cause there is a great increase in the b 2215 number of students that have gone into tem to replace a public school system Parents have no hope when they hear the schools. There is more over- which now takes care of 53 million stu- the rhetoric of the Department of Edu- crowding now because children are dents. cation, of the White House, or the Con- It is most unfortunate. I can only being held back on the policy of no so- gress or any Member of the Congress. cial promotion. close with the same message that I Some children, of course, last year They hear the rhetoric, but they see have brought here before many times. had to go to summer school and had to the schools collapsing. They see the Both parties are negligent in focusing attend summer school in buildings that schools have leaky roofs, crumbling on the principal problem with the edu- were so hot that it was torture for walls. They see the schools have coal cation improvement effort. Kids must young kids to be in those buildings burning furnaces. There are still more be provided with an opportunity to during the summer because they have than 200 schools in New York City that learn. As we try to raise standards, as no air conditioning, and they have very are burning coal and jeopardizing the we standardize curriculums, we need to poor ventilation. Then they found out healthy kids immediately and causing focus on the students themselves and some of those same kids should not respiratory illnesses among teachers. provide them with the maximum op- have had to be there because they had When though see these things hap- portunity to learn. passed the necessary tests, and they pening, they are correct in not believ- At the heart of the opportunity to did not need to go to summer school in ing that elected officials are serious learn is a physical facility. We need a order to qualify for advancement to the about maintaining the public school physical facility which can support the next grade. There had been an error, an system. Is it any wonder, then, that so opportunity to learn. They need a de- error in the calculation of the test, to many inner city parents, white and cent library. They need decent labora- show us how blunders place children at black, and certainly a large number of tories. They need a clean, safe environ- risk and make them suffer. black parents, are opting to support ment conducive to learning. We cannot The private sector I think was in- vouchers, more than 50 percent in cer- go forward unless we address the issue volved in that testing blunder as well tain surveys. of school construction, school repair, as the board of education. But let us In a survey that was taken last year, school modernization. put that aside for a moment and con- 57 percent of black parents in inner The bills that we are supporting in sider the fact that there is silence in city communities said that they would the Democratic Caucus is a bill that I New York City, a city that had $2 bil- certainly support vouchers in order to have my name on as a cosponsor is to- lion in surplus last year and did not get their kids a decent education. They tally inadequate. It is a bill to sell spend a penny to help renovate, repair, did not have any faith left in the public bonds and the Federal Government will help building those schools. Not a school system. That is most unfortu- pay the interest. It is a commitment of penny of that surplus went into the nate, but that is a truth I have to stand the Federal Government over a 5-year schools. here and admit. period to $3.7 billion for the school con- There was silence at the State level. They have given up hope because struction situation under a situation The State had a $2 billion surplus, and they realize that their child only has where each locality or State will have H9892 CONGRESSIONAL RECORD — HOUSE October 12, 1999 to vote to borrow money and we will As I begin my remarks tonight, I ticle that was published just before his pay the interest on the principal. That want to take a moment and pay special death that spoke of Bill Crotty’s deter- is totally inadequate. tribute to a gentleman who I have had mination to make a difference in the As would he go into a cyber-civiliza- the honor and privilege of knowing post in which he was appointed to tion, I strongly advise, urge, and plead from my district in Central Florida. serve. The article from the Daytona that all elected officials understand That individual is E. William Crotty, Beach News Journal in Central Florida that what would he need is an omnibus and he is affectionately known to all of said, for example, ‘‘He delivered a cyber-civilization education program us who are friends of Bill Crotty as Bill state-of-the-art Fairchild C–26 aircraft to guarantee that the brain power and Crotty. from the United States Government to the leadership needed for our present He had the distinction of being ap- Barbados. Prime Minister Owen Arthur and our expanding future digitalized pointed the ambassador to seven Carib- was the recipient and received this as economy and high-tech world will be bean nations by President Clinton last part of an $11 million support package there. November and has been in that posi- to the regional security system in the At the heart of such a comprehensive tion until his death just a few days Caribbean to help fight drug traf- initiative, we must set the all-impor- ago. ficking.’’ tant revitalization of the physical in- To his family, we want to extend our We have lost with the death of Bill frastructure of America’s schools. deepest condolences, extend our sym- Crotty, again, an individual who was These necessary brick and mortar cre- pathy to his wife Valerie and his chil- dedicated to his community, to his ations will long endure as symbols of dren and his relatives. party, and also an ally with me in the this particular set of leadership’s com- I have known Bill Crotty for many war against illegal narcotics. His un- mitment to education. It will also years. I happen to be a Republican. I timely death again leaves us all at a serve as practical vehicles for the de- am actually in a family dominated by loss. But we do want to extend our very livery of a kind of high-tech education some pretty prominent Democrats. Bill deepest sympathy to his family who required in the 21st century. Crotty was a Democrat’s Democrat. now have grief as Bill has left us. All of the most brilliant and vision- But although he and I sometimes dif- Again, Mr. Speaker, we pay tribute to- ary education achievements of the fered on political parties, we agreed night to E. William Crotty, United Clinton administration may be merged more often on the need to serve our States Ambassador. and focused through these vital and community, to serve our State, and to When I speak on the floor of the physical edifices. We have had a net serve our Nation. House every Tuesday night and get an day movement for the volunteer wiring The untimely death of Bill Crotty opportunity, I like to talk about some of schools. We had the technology lit- this week has left our community with of the items in the news and I led to- eracy legislation, the community tech- a great void. It has left the Democrat night with the obituary of a good nology centers, the distance learning party with a tremendous loss. He was friend and dedicated American. But it projects, and the widely celebrated and one of the largest sources of support, appears to me that almost every time appreciated E-rate for telecommuni- financial assistance, and dedication for anyone picks up a newspaper or turns cations. the Democrat party of any individual I on the television or hears some media The lifting of standards, the improve- know in the United States. report, that individual in the United ment of school curriculums, and the He took on every challenge with a States or in any of our communities support for smaller class sizes are also great energy particularly in support of hears more and more about the effects initiatives that require the additional his party and his candidates and also, of illegal narcotics. classrooms and expanded libraries and Leading the news this week was the as I said, in the best interest of his laboratories that school modernization death in Laramie, Wyoming, of a will bring. community, State, and Nation. He was appointed United States am- young, gay man who was beaten to We are not listening to the majority death by several individuals. Some bassador to the Caribbean nations of of Americans. The Republican majority have referred to it as a hate crime. Barbados, Antigua, Barbuda, Dominica, is not listening, and too many other No matter how it is referred to, it people in other places also are not lis- St. Lucia, Grenada, Saint Kitts, Nevis, was a horrible incident. And I know the tening. We need to listen on all of these and St. Vincent, and the Grenadines. State of Wyoming and many people in Since he assumed that post, I had the vital issues, whether it is the HMO bill the community of Laramie, Wyoming, honor and privilege of talking with Bill of rights, prescription drug benefits, are saddened by that occurrence in minimum wage, the need to fund HHS Crotty and working with him. We both their community and that tragic right across the board with increases had a common interest in that region; death. instead of decreases, or school con- and that was to bring stability, to b 2230 struction. bring economic development and trade All of these are areas where leader- to that area of the Caribbean. What captured my imagination and ship is needed, where the demands One of our mutual concerns was the attention, again dealing with the ques- right now in a time of great prosperity problem of illegal narcotics. Just some tion of illegal narcotics as chairman of and peace are that we lay the founda- weeks ago, Bill had written me and the Subcommittee on Criminal Justice tion for a cyber-civilization, and we do sent me these letters and clips and he and Drug Policy, is the headline that that with an education program that is said, ‘‘Dear John, enclosed please find said ‘‘Shepard-Death Defendant to across the board seeking to improve an article that appeared in the July Claim Impairment.’’ This is the head- education but starting with the all-im- 23rd edition of the Grenada Today. The line in Tuesday, October 12 Washington portant area of construction of new article discusses deportees, but the Times. The first paragraph says, ‘‘Lar- schools. thrust is drug trafficking.’’ amie, Wyoming. The attorney for a f He goes on to discuss the possibility man charged with beating college stu- of our visiting with a delegation and dent Matthew Shepard to death said IMPACT OF ILLEGAL NARCOTICS meeting with leaders in the Caribbean yesterday his client’s judgment was IN AMERICA to help them in their efforts to combat clouded by drugs and alcohol.’’ The SPEAKER pro tempore (Mr. illegal narcotics. He closed by saying, Again even as we face the most trag- TANCREDO). Under the Speaker’s an- ‘‘It will be a real honor for my wife and ic events of our time that are pub- nounced policy of January 6, 1999, the I to host you and your delegation. I licized in the media, we look at some of gentleman from Florida (Mr. MICA) is will send you additional materials I the root problems beyond hate, beyond recognized for 60 minutes as the des- think may interest you concerning theft and robbery, beyond other ignee of the majority leader. drug trafficking and Caribbean mat- charges that have been alleged, and we Mr. MICA. Mr. Speaker, I am pleased ters.’’ see drugs and alcohol and substance to come to the floor again tonight to Again, just recently discussing with abuse as possibly the root cause of talk about the issue of illegal narcotics Bill Crotty, our ambassador, this par- these crimes. Again, this entire area of and its impact upon the United States ticular situation we face in the Carib- illegal narcotics and substance abuse of America. beans on illegal narcotics, I have an ar- has taken its toll across our Nation. October 12, 1999 CONGRESSIONAL RECORD — HOUSE H9893 Last week, I reported the most re- city began its own free needle exchange What is particularly disturbing is our cent statistics indicate that over 5,200 program. In Canada, we have an exam- young people in particular are falling Americans died last year from drug-in- ple of when you have a liberalized pol- victim to these overdoses and fatalities duced deaths. I do not think Matthew icy and needle exchange program, the and they do not realize that this high Shepard’s death will be counted in statistics also prove that needle ex- purity illegal narcotic that is available those statistics as I have cited many change programs actually increase the in our streets and in our communities others who have died as the result of rate of HIV infection according to this is so deadly and so potent. someone being involved with illegal report. Again in Canada and a city like To deal with some of the problems we narcotics. But the toll continues to Baltimore, we have seen a dramatic in- have had, I have got a news story from rise and rise. In addition to the deaths, crease in the rise of addicts as we see a the Washington Times but it is actu- we have the incarceration of 1.8 mil- more liberalized policy. ally a story on what has happened in lion, close to 2 million total Americans Also in the news is a report from the Florida. I had the opportunity earlier in our jails, our prisons. Our judiciary Boston Globe that I thought I would this fall to meet with the governor and system is clogged at tremendous ex- mention tonight. This is a story that also his new drug czar, Jim pense to the taxpayer with people who we all heard a great deal about some McDonough, in Orlando on one of the have committed serious felonies, years ago and that was the death of the occasions in which a daylong kickoff crimes, robberies, murders and other il- top Boston Celtics draft pick, Len Bias. was celebrated to start a statewide legal acts either under the influence of His death occurred some 13 years ago. antinarcotics program. It is a multi- illegal narcotics or in dealing with ille- It was a cocaine-related overdose faceted program which encompasses gal narcotics. The toll from illegal death. Federal prosecutors for the first prevention, education, enforcement, drugs in our country continues to rise. time in Massachusetts said yesterday treatment, a whole array and a whole Also in the news, relating to illegal that the law bearing Len Bias’ name attack on the illegal narcotics problem narcotics, is a debate that has really will be used to charge an alleged drug that we face not only in central Flor- tied up the other body, the United dealer with the overdose of a customer. ida but across Florida. States Senate, and the House of Rep- Again, this report is from just last Fri- Our governor, Jeb Bush, has done an resentatives with several pieces of leg- day. incredible job in bringing together the islation. As my colleagues may know, Alarmed by high levels of heroin purity State, first in a statewide coordinated the President has vetoed the D.C. ap- and an acute statewide overdose problem, meeting in the capital, Tallahassee, propriations measure. One of the provi- United States Attorney Donald K. Stern said earlier this year, with the President of Federal and State prosecutors are preparing sions in that particular bill does re- to bring more cases under the statute. Called the Florida Senate, Toni Jennings, and strict needle exchange programs. It is the Len Bias Law, it was passed by Congress the Speaker of the Florida House, John now one of the problem areas that the amid the uproar surrounding the University Thrasher, in a joint conference and ef- House of Representatives and Congress, of Maryland basketball star’s death in 1986. fort to bring together all of the most the other body, find ourselves in con- It levies stiff Federal penalties on drug deal- knowledgeable people on the illegal flict with the administration. They ers whose sales can be directly tied to fatal narcotics problem, a summit that has want to promote these needle ex- overdoses. A drug dealer is looking at a max- produced results. Part of the results imum of a 20-year prison term on State man- changes. It has caused the veto in part slaughter charges. was this kickoff. The governor said he of this particular bill relating to fund- would adopt a plan of action, institute This is the quote by Mr. Stern who is ing D.C. government. The Congress is a drug czar’s office, which he has done, the U.S. Attorney there. He said that also embroiled in a battle to fund sev- and Jim McDonough, who is a former those individuals would face a min- eral major departments. One of the deputy national drug czar, is now head- imum 20-year sentence in Federal court largest bills that we will face in Con- ing up that post. They have discussed a and the possibility of life without pa- gress is the education, labor and role under the Len Bias Law. plan, they have developed a plan, they human services bill, HHS bill as we ‘‘One such dealer,’’ Stern said, ‘‘was have announced a plan and I am refer to it. Recently, the other body 61-year-old Anibal Soler of Holyoke. pleased that Jeb Bush and other lead- struck a provision that would have al- Solo was charged with selling Edward ers in our State are now executing a lowed the Department of Health and Thompson of Chicopee a fatal dose of plan. Human Services Secretary to create a heroin that officials say was 72 percent The headline here on Friday reads, clean needle exchange program for pure. High purity heroin can be deadly ‘‘Florida Raids on Raves Result in 1,219 drug users. In some of the debates on if users are expecting a less potent dose Arrests.’’ If you do illegal drugs in that, one of the quotes that struck me and take too much.’’ Florida, we are going to go after you. was ‘‘giving an addict a clean needle is One of the things that I have tried to The governor has made this commit- like giving an alcoholic a clean glass,’’ point out here and that we have point- ment. I have made the commitment. said one of the sponsors of that legisla- ed out in our subcommittee hearings We have established through central tion in the other body. and testimony we have had from med- Florida, from Tampa now through Or- What was also interesting is a study ical experts is that the heroin and co- lando and up almost to Jacksonville, that was referred to. I have not read all caine and some of the other narcotics and we will be including Jacksonville, the details of this study and I have that we see today are not the same pu- a HIDTA, that is a high intensity drug used the example of Baltimore which rity level as the cocaine and heroin we traffic area. We also have one in Flor- has had a very liberal policy and needle saw in the 1970s and 1980s. This par- ida. These are designations by Federal exchange program and which has, I be- ticular case had a 72 percent purity. law that take every possible law en- lieve, since 1989 increased its addiction Back in the 1970s and 1980s, they were forcement resource and other re- level some five or six times. As it was looking at 5, 6, 7 percent pure heroin. sources, local and State, combined reported and I cited and quoted a mem- This ends up by saying that high purity with Federal agencies in an effort to ber of the Baltimore city council who heroin can be deadly if users are ex- combat illegal narcotics. We are going said one out of eight citizens in the pecting a less potent dose and take too after individuals who deal in death city of Baltimore is now a heroin ad- much. caused by illegal narcotics. dict. Part of this, we can trace back to That is exactly what is happening. This particular article says that the needle exchange program. But this We have a flood of high purity heroin, statewide raids on all-night dance par- quote in the Washington Times from high purity cocaine and other designer ties, known as raves, resulted in 1,219 last Friday says that ‘‘we have proved drugs that are potentially fatal in very arrests and the seizure of nearly $9.4 beyond a reasonable doubt that needle small doses. That is why we are seeing million in drugs, cash, weapons and ve- exchange programs increase the rate of in my community, in central Florida, hicles. The raids, which were dubbed HIV infection and the use of drugs.’’ for example, we have had over 60 heroin ‘‘Operation Heat Rave,’’ were in re- Cited in this article is a Vancouver, overdoses. In fact, in central Florida, a sponse to six rave-related drug deaths British Columbia case where the num- headline is blurted out that overdoses around the State, including two this ber of drug-related overdoses has in- from drugs now exceed homicides in summer, according to State drug czar creased fivefold since 1988, the year the central Florida. Jim McDonough. H9894 CONGRESSIONAL RECORD — HOUSE October 12, 1999 Jim McDonough is quoted as follows: cotics, either in their country or the made in a Cato Institute program in ‘‘Had this been a roller coaster ride and production in their country or traf- Washington, I believe it was, last week. we had had six dead, there would have ficking in their country. It is a simple He is the Republican governor of New been a major outcry to close down the law. We give them our benefits. Mexico. He has advocated legalization theme park until we could do some- Now, why in the world would we want and decriminalization of what are now thing about that roller coaster ride.’’ to transfer to other nations an evalua- illegal narcotics. I will not get into all tion process that allows people to have of the comments and debate about b 2245 benefits such as foreign aid, financial some of the things he said while he was I think Jim McDonough states here assistance, trade assistance? Why here; and he has said as governor in re- that people would be outraged if, in would we want to give that evaluation gard to this, but I would like to cite a any other instance, there were that ability to some international body or news story that was out in the Associ- many young people killed. to others? The Clinton administration ated Press just in the last couple of In this raid across the State, State has misapplied the decertification. days that says, ‘‘Albuquerque: A Fed- and local law enforcement officers They decertified Colombia, and they eral drug agent, head of the FBI in New moved against 57 businesses in 21 coun- should have allowed for a national in- Mexico and the Otero County sheriff ties from September 29 through Octo- terest waiver, even though they felt have resigned from a panel that advises ber 4. Officers seized more than 15 kilo- Colombia was not properly cooper- Governor Gary Johnson on drugs say- grams of cocaine, more than 500 pounds ating, but they had problems with this ing, they are upset by the governor’s of marijuana, and smaller quantities of administration; had problems with Co- escalating push for legalized drugs.’’ heroin and methamphetamines. They lombia’s human rights operations and Let me read more from the story, and also seized designer drugs, Ecstacy, attitudes and actions, and instead, again, it will not be my quote, but their quote. They are quoted here as GHP, and other drugs such as the rape they decertified Colombia without saying, ‘‘We can’t be running away drugs. So it is nice to see people in pub- what we provided in the law, which was from the problems,’’ said Sandoval lic office who set out a plan and then a national interest waiver, a United County Sheriff Ray Rivera, the Coun- execute a plan and follow through with States national interest waiver to cil’s chairman. ‘‘I feel like those folks their commitments, and I am pleased allow us to continue to assist in one are running away from the problem in- that Governor Jeb Bush and others in specific area, and that would be the our State are following through. Again, stead of standing up.’’ And this is fight against illegal narcotics. And be- someone who expressed concern about part of the news. cause of that misapplication of a very Also, I wanted to call to the atten- those who resigned, creating a great good law, we, in fact, have an incred- debate; and it went on not only here in tion of my colleagues and the entire ible production of illegal narcotics Congress a little game that is being Washington, but in his own State. from Colombia, and I will try to talk a We also have one of the agents who played on the question of certification, little bit more about that tonight. drug certification. Having been in- resigned, David Kitchen, agent in But this is sad that this administra- charge of the FBI, quoted as saying in volved in the passing and actually au- tion still does not understand why that thorship of the United States drug de- his resignation letter, and he noted law was instituted or how that law earlier, he told Johnson he admired his certification law, I know a little bit should be applied. By the same token, courage in calling for a debate on de- about how it was set up to work and they took the decertification law and criminalization, although Kitchen how it should work. certified Mexico as cooperating in the thought it was sending a false message. This article talks about what I con- war on illegal narcotics. Mexico should Then came Johnson’s statement advo- sider sort of a little attempt to under- have been decertified, but also granted cating legalized marijuana and heroin. mine the United States drug decerti- a national interest waiver. So what ‘‘Those absolutely stunned me, espe- fication law. Let me read a little bit they have done is made a joke of the cially since they came the same day a about it. It is from the Oppenheimer law and made the law ineffective. multiagency task force arrested more Report and it was published in the And now, to circumvent the intent of than 30 people accused of being part of Miami Herald. It said, ‘‘At a September Congress and the intent of that law, a drug ring that operated in northern 2nd meeting in Ottawa, the 34 Nation again, if a country is going to receive New Mexico for years,’’ Kitchen wrote. Organization of American States ap- benefits from the United States, why in Hansen, another one who resigned, in proved a plan supported by the Clinton the world would we allow some multi- his letter of resignation Tuesday ob- administration,’’ now that concerns national organization to evaluate jected to what he said was Johnson’s me, ‘‘to create a multinational evalua- whether those countries would be eligi- apparent theory that, and I will quote tion system which the OAS,’’ Organiza- ble? It is our trade benefits, it is our him, ‘‘that since we are not winning tion of American States, ‘‘hopes will foreign aid, it is our financial assist- the drug war, we should just stop fight- eventually replace the controversial ance. All we ask for is minimal co- ing. That position makes a mockery of U.S. score board.’’ operation efforts to curtail illegal nar- the dedicated men and women of the I am very disturbed that the Clinton cotics. Drug Enforcement Administration,’’ administration would want to do away So both in the case of Mexico they Hansen wrote. ‘‘Your radical proposal with our drug decertification law. I am have distorted the law, and in the case to legalize drugs will only heighten the concerned that, first of all, they have of Colombia they have perverted the legitimate fear and foreboding that misapplied the law. law, and now, much to our disadvan- drug users and their related crimes in- The drug decertification law is a sim- tage, in Mexico, 50, 60 percent of all il- spire. One need only look within New ple law. It says that any Nation who legal narcotics coming into the United Mexico to find prominent and disheart- wishes to receive benefits of the United States either are transited or are pro- ening examples of families and commu- States, foreign aid, foreign assistance, duced in Mexico, and now 60 to 70 per- nities devastated by drug use,’’ he went trade assistance, trade benefits, inter- cent of the heroin and cocaine is both on to say. national financial assistance from the produced and trafficked from Colom- So there are others that are con- United States, any Nation who receives bia, a lot of it through Mexico. In 6 cerned and also critical of Governor the largesse of the United States is years they have managed to make Co- Johnson’s position, and I am sure that asked to cooperate with the United lombia the largest producer of cocaine debate will continue. We have held sev- States in an effort to eliminate either and heroin in the world, and the larg- eral hearings in my subcommittee on the production or trafficking of illegal est supplier to the United States. Talk the question of legalization, decrimi- narcotics. It is a simple law. Every about a messed up policy. This is an in- nalization, and some of the facts we year, the President must send to the credible fiasco and could get worse if found do not jive exactly with what Congress a list of those countries we pass on to these other countries this Governor Gary Johnson of New Mexico whether or not they are assisting the certification responsibility. has advocated; and again, as I said, United States, an evaluation is made I have cited and spent part of my last that debate and discussion will con- whether they are assisting the United talk reflecting on some of the com- tinue here in the Congress and across States through stopping illegal nar- ments that Governor Gary Johnson the Nation. October 12, 1999 CONGRESSIONAL RECORD — HOUSE H9895 Also in the news is another example The war on drugs has been basically administration took over to 1995, when of a failed policy by this administra- closed down internationally by the we took over, I believe, and I served on tion that is quite disturbing, and that Clinton administration. Not only did the Committee on Government Oper- is an article a few weeks ago here in we stop the international programs ations which had that drug policy re- the Washington Post, Tuesday, Sep- which are so cost-effective, and I have sponsibility and oversight responsi- tember 28 that says, ‘‘Haiti’s police ac- used this chart also before, but the pro- bility, there was one hearing. It lasted cused of lawlessness.’’ What is abso- grams as far as enforcement, particu- for about 1 hour. They brought in the lutely stunning is after spending $3 bil- larly interdicting illegal narcotics drug czar at the time. lion to $4 billion of American hard- from their source to our borders, again, Again, this was after they had fired earned taxpayer dollars in Haiti in the a dramatic decrease, 1992–1993. people. There were 120 people working so-called nation-building effort, we They closed down these programs. in the drug czar’s office. In 1993 they have ended up now with a case of Haiti They took the military out of the drug fired about 100 of them and left ap- having a police force trained under war. They took the Coast Guard out. proximately 20. Again, the results are some of those programs financed by the All of the U.S. resources were slashed. there in black and white. This is not a United States as a center for some ille- Again, back in 1995, with the Repub- partisan issue, these are not partisan gal narcotics activities and drug smug- licans taking over, we are beginning to statistics. In fact, these charts and sta- gling in the Caribbean. This particular put Humpty-Dumpty together again, tistics, the information is provided by report in the Washington Post says, and the war on drugs back together Clinton and U.S. officials under this ‘‘Created four years ago to usher in a again. We are almost back to 1992 level administration. But it is pretty dra- new era of impartial justice, the United funding. matic, when you close down the war on States-trained Haitian National Police I have also pointed out what is abso- drugs, when you change the message is grappling with allegations that its lutely dramatic is if we look at illegal that is being sent there, when you officers have been involved in a waive drug usage among our 12th graders and slash the resources from some of the of murders, disappearances of detainees our teenagers, this starts in 1989, this cost-effective programs. and drug-related crimes and other ille- chart. We see, if this chart continued One of the things they did was they gal activities.’’ towards me, we see this continual de- shifted their emphasis almost all to And this is a quote within the story: crease of use among our 12th graders of treatment. If we take 1992 and 1993 to ‘‘If you are asking me whether I am different types of drug use, 30-day and 1998, we would see almost a doubling in more concerned about rot in the police recent, with these different lines here, the amount of money for drug treat- than a year ago, the answer is yes,’’ levels of use continuing to go down. ment. There is nothing wrong with said Collin Granderson, Executive Di- This would be the Reagan and Bush treatment. Of course we need effective rector of an international civilian mis- administration down here. We see dra- treatment programs. That is the sub- sion here run by the Organization of matic increases here in use among our ject of additional hearings and inves- American States in the United Na- young people, in drug abuse and use tigation which we will be doing, be- tions. We have both human rights con- among our young people. This is about cause if we are spending these huge cerns and concerns about broader con- the time Clinton appointed Joycelyn amounts of money on treatment pro- duct of officers, specifically with re- Elders, who sent the ‘‘just say maybe’’ grams and prevention programs, we want to make certain they are effec- spect to criminal activity and particu- message, as our chief health officer. It tive. But this is very startling, factual larly drug trafficking. Allegations of is the time, if we took these other information of what has taken place. police involvement in the drug trade charts and transposed them on here, have continued to surface in a country Now, this policy has had some impli- that we cut the source country pro- cations. Fifty-one percent of high that has become a major trans- grams, so we had this incredible influx shipment point for cocaine and heroin, school students said the drug problem of heroin, cocaine, other illegal nar- is getting worse. This is in a survey both to the United States and from cotics coming in, a tremendous in- South America. It is absolutely incred- within the last year. For the fourth crease in supply, decrease in price and ible that we would spend billions of straight year, both middle and high availability, and the wrong message taxpayer dollars in a nation-building school students say drugs are their big- being sent. This is exactly what we got. gest concern. effort and in these programs to sta- I had another chart that was done. bilize the judiciary and the police and Also from the most recent survey, for This is a smaller chart. I do not know the third straight year, the number of create a little center of illegal nar- if this chart can be seen here. But this cotics drug trafficking in Haiti. Again, high school teens who report that is heroin trends in annual percentage. a failed policy of the Clinton adminis- drugs are used, sold, and kept at their Actually it starts in 1975. We can see tration. school has risen from 72 percent in 1996 Tonight I want to talk in addition to how this heroin use, annual use here, to 78 percent in 1998. Teenage drug use, some of the news stories and other starts going down. This is eighth grade again, the result of a failed policy. comments, I want to talk again about through 12th grade. We see it going That is pretty evident. what has happened in the United down here, and then we see it levelling Today 50 percent of teens who States since 1992, and I have repeatedly off in the eighties and in the nineties. smoked marijuana cited their friends Then we come to 1992, the election. said that in 1993 when President Clin- as most influential, 30 percent cite ton was elected, he basically closed We see the change in the drug policy. themselves as most influential in de- down the war on illegal narcotics, and We see it being closed down, the war on ciding whether or not to use drugs. At I have cited very specifically, and we drugs; again, the money being slashed age 13, teenagers get to know other have the programs that deal with ille- in source country programs, the money students who use and sell pot, acid, co- gal narcotics, stopping illegal nar- being slashed in interdiction, stopping caine, or heroin, and learn where to cotics coming into the United States, drugs coming into our borders. This is buy these drugs and who to buy them first of all, stopping illegal narcotics at one of the most dramatic charts that I from. Forty-seven percent of our 13- their source. have seen produced, but it shows us year-olds say their parents have never going off the charts with illegal nar- seriously discussed the dangers of ille- b 2300 cotics. gal drugs with them. We cannot en- In 1993 we can see, with a Democrat Then arrive the Republicans in 1995, tirely blame this on government, we House, Senate, and White House, basi- and through the leadership of the cur- have to take responsibility as parents. cally they slashed and cut in half all of rent Speaker of the House, the gen- But the interesting statistics are, the cost-effective source country pro- tleman from Illinois (Mr. HASTERT), he again, what has taken place with a grams to stop illegal narcotics at their chaired the subcommittee and had the change of Federal policy since 1992. We source, just a dramatic change. We get responsibility for restoring our na- have almost doubled each year since back to where the Republicans took tional drug policy. 1992 the use of illegal narcotics by 12- over the Congress in 1995, and we see us What was interesting, as I served in to 17-year-olds. I have the exact statis- back then, if we take 1992 dollars, we the Congress during this time, from tics. In 1992, the increase was 5.3 per- are just about back to that position. 1992 when I was elected and the Clinton cent. In 1994 it jumped to 8.2 percent. It H9896 CONGRESSIONAL RECORD — HOUSE October 12, 1999 was either 9, 10, or 11 percent for every Probably 70, 80 percent of all of the ers have moved forward. These individ- year, an increase. illegal narcotics coming into the uals have been indicted where they are So from 1992, with the change in the United States now come in from these found in the United States. There are Clinton policy, to 1998, there has been a two sources. As I cited, these two coun- several who have fled and several who doubling of illegal narcotics use among tries have not properly been dealt with we requested extradition on who have our teenagers almost every single year. by the United States. We certified Mex- not been returned to face justice in the What should be of concern to all the ico, and Mexico in the last year has United States, but my point here is Members of Congress is that illegal had a dramatic, over 50 percent de- that this United States Congress, the narcotics does affect our young people, crease, in seizures of cocaine and dra- House of Representatives, asked Mex- but it also affects our minorities. matic decreases in seizures of heroin, ico to cooperate in stopping illegal nar- A 1998 household survey on drug and they were certified as cooperating. cotics activities and enforcing laws abuse found the percentage of blacks Mexico also promised, and the United that were put on the books in extra- using drugs rose 8.2 percent in 1998 States Congress asked Mexico to co- dition, which I cited, and some of these from 5.8 percent in 1993. So our minori- operate with the extradition, according other things that I cited, and rather ties have been the recipients of a great to a 1978 extradition treaty, Mexican than assist the United States they deal of the problems in increases; par- nationals who were indicted in the blocked the United States. Only be- ticularly among, again, our minorities United States and we request their ex- cause of the visit of the President of who are using drugs in almost double tradition should come back to the the United States and because this had the statistics before 1993. United States and fear coming back to gotten so much publicity have they fi- b 2310 the United States for trial on those nally backed off. charges. Not one major Mexican drug Drug use among Hispanics rose to 6.1 b 2320 lord has been extradited to date. This percent from 4.4 percent from 1993 to But this is the type of lack of co- 1998; another legacy of a change in pol- Congress passed a resolution several operation. What is astounding is Mex- icy brought about by this administra- years ago asking, in addition to extra- ico has been the recipient of one of the tion. dition, that Mexico sign a maritime Drug use since 1989 has increased agreement. We know the drugs are finest and most generous trade agree- among young adults 18 to 25 to its coming in across land and around the ments of any two Nations, the NAFTA highest level, and that was in 1998. waters that surround Mexico and the agreement, in which the United States Drug use among 18 to 25 year olds in- United States. To date, Mexico has not gave very specific trade benefits to creased about 10 percent from 1997 to signed a maritime agreement. Mexico and asked very little in co- 1998, again startling figures about in- We further asked that Mexico allow operation. We asked for their certifi- creases in the use of illegal narcotics, our handful of DEA agents, law en- cation as cooperating and, for these particularly among our young people. forcement agents that are working in trade benefits, a little bit of assistance The use of illegal narcotics is not Mexico, to arm themselves and protect in the illegal narcotics problem. What just a problem among our young peo- themselves since the death and murder we have gotten basically is sand kicked ple. Today about 78 million Americans of one of our agents, Kiki Camarena. in our face. have used illegal drugs at some point To date, Mexico still has not complied Forty Mexican and Venezuelan bank- in their lives. Roughly 13.6 million with that simple request. ers, businessmen, and suspected drug Americans are current users. Right We asked that Mexico also enforce cartel members were arrested, and 70 now, marijuana is the most commonly laws that it had passed. They passed others have been indicted as fugitives. used drug among our Nation’s 13.6 mil- laws dealing with money laundering This, again, is something that we have lion illicit drug users. It has also been and illegal narcotics, and drug traf- had to deal with ourselves and enforce recently revealed by another survey ficking, but they do not enforce it. ourselves without the cooperation of that an estimated 4.1 million people Rather than enforce the laws, as our Mexican officials. met diagnostic criteria for drug de- simple request to work with the United It is my hope that we can turn this pendence on illicit drugs in 1997 and States, what Mexico has done has actu- situation around, that Mexico can be- 1998, including 1.1 million use; that is ally become the capital of drug laun- come a better partner in fighting ille- about 25 percent of those who are de- dering. In fact, the largest drug laun- gal narcotics. pendent on illegal drugs are young peo- dering case in the history of the United I might say that, as I close this ple between 12 and 17. States, if not the history of the world, evening that Mexico is now becoming Additionally tonight, I wanted to was uncovered in a United States Cus- the recipient of much of the crime and spend a few minutes talking not only toms operation which I cited and violence. They have lost several of about the impact of illegal narcotics, talked a little bit about in my last talk their States, the Baja peninsula is now some of the problems that I have cited, and this is a bit of the background on lost to narco-traffickers. The Yucatan but also talk about some of the failures Operation Casa Blanca. It was an inves- Peninsula, its Governor fled. He was in- of the Clinton policy as it relates to tigation that was concluded in May of volved up to his eyeballs in illegal nar- stopping illegal narcotics coming into 1998 with the indictment of 109 individ- cotics. our country. As I cited just a few min- uals and three Mexican banks. The un- Other States along the United States utes ago, we know where most of the dercover operation was the largest border and within the heart of Mexico heroin, we know where most of the co- sting operation in the United States are now on the verge of collapse and caine, we know where most of the history. Because there are so many being lost to drug traffickers. methamphetamines are coming from. corrupt individuals involved in Mexico Mexico is now the recipient of some They are produced now in Colombia. law enforcement and government, we of the problems that we have inherited They transit through Mexico. Mexico did notify the Mexicans of some of as a neighbor and friend and ally, and has also turned into a producer. Colom- what was going on, but not all of what we only ask cooperation. bia produces 70 percent of all of the was going on. Finally, as we close, it is nice to heroin. Six years ago it produced al- After it became known that these in- bring up some of the critical elements most no heroin. There were almost no dividuals were involved at these var- of what this administration has done. poppies grown in Colombia. Again, ious levels and that we had this sting The positive aspects are the Repub- through the failed policy of this admin- operation going on, rather than cooper- lican-dominated Congress has restored istration, Colombia has mushroomed ate with the United States what the funds for international programs. We into the drug producing capital of the Mexican officials did was threaten to have put back the Coast Guard, the world; actual producers of heroin, arrest United States officials and Cus- military, and other Federal agencies poppy, the core material. Mexico now toms officials who were involved in and are now utilizing every possible re- is producing 14 percent of the heroin this sting operation. source. We have instituted an edu- coming into the United States, that I must say that I am pleased that the cation program which is funded with was in single digits some 6 or 7 years United States Customs agency, the De- over $190 million plus that amount ago, under the Clinton administration. partment of Justice, the FBI and oth- matched by the private sector on October 12, 1999 CONGRESSIONAL RECORD — HOUSE H9897 which, this Thursday, our Sub- Day O’Connor United States Courthouse’’; to 4719. A letter from the Director, Office of committee of Criminal Justice, Drug the Committee on Transportation and Infra- Regulatory Management and Information, Policy, and Human Resources will do structure. Environmental Protection Agency, transmit- its first review. f ting the Agency’s final rule—Approval and Promulgation of Air Quality Implementa- We hope that through education, ADJOURNMENT tion Plans; Texas Redesignation Request and through interdiction, through source Mr. MICA. Mr. Speaker, I move that Maintenance Plan for the Collin Country country programs, through prevention Lead Nonattainment Area [TX–112–1–7421a; the House do now adjourn. and through treatment, through a FRL–6449–5] received October 5, 1999, pursu- multifaceted approach, this was start- The motion was agreed to; accord- ant to 5 U.S.C. 801(a)(1)(A); to the Committee ed under Ronald Reagan, we can again ingly (at 11 o’clock and 23 minutes on Commerce. bring down the problem of illegal nar- p.m.), the House adjourned until to- 4720. A letter from the Director, Office of Regulatory Management and Information, cotics, of drug use among our young morrow, Wednesday, October 13, 1999, at 10 a.m. Environmental Protection Agency, transmit- people, the death and tragedy that it ting the Agency’s final rule—Approval and f has caused in so many lives. Promulgation of Implementation Plans: Ap- With that, Mr. Speaker, I am pleased EXECUTIVE COMMUNICATIONS, proval of Revisions to the North Carolina to conclude my special order tonight ETC. State Implementation Plan [NC–083–1–9938a; on the continuing problem we face as a FRL–6453–8] received October 5, 1999, pursu- Congress and the American people with Under clause 8 of rule XII, executive ant to 5 U.S.C. 801(a)(1)(A); to the Committee illegal narcotics. communications were taken from the on Commerce. Speaker’s table and referred as follows: 4721. A letter from the Director, Office of f Regulatory Management and Information, 4712. A letter from the Administrator, Environmental Protection Agency, transmit- Food Safety and Inspection Service, Depart- LEAVE OF ABSENCE ting the Agency’s final rule—Massachusetts: ment of Agriculture, transmitting the De- Final Authorization of State Hazardous By unanimous consent, leave of ab- partment’s final rule—Scale Requirements Waste Management Program Revision [FRL– sence was granted to: for Accurate Weights, Repairs, Adjustments, 6454–1] received October 5, 1999, pursuant to 5 Mr. UNDERWOOD (at the request of and Replacement After Inspection—received U.S.C. 801(a)(1)(A); to the Committee on October 8, 1999, pursuant to 5 U.S.C. Mr. GEPHARDT) for today and the bal- Commerce. 801(a)(1)(A); to the Committee on Agri- ance of the week on account of official 4722. A letter from the Special Assistant to culture. business. the Bureau Chief, Mass Media Bureau, Fed- 4713. A letter from the Manager, Federal Mr. PASCRELL (at the request of Mr. eral Communications Commission, transmit- Crop Insurance Corporation, Department of ting the Commission’s final rule—Amend- GEPHARDT) for today on account of offi- Agriculture, transmitting the Department’s ment of Section 73.202(b), Table of Allot- cial business. final rule—General Administrative Regula- ments, FM Broadcast Stations (Wellsville Ms. KILPATRICK (at the request of Mr. tions; Interpretations of Statutory and Reg- and Canaseraga, New York) [MM Docket No. EPHARDT ulatory Provisions (RIN: 0563–AB74) received G ) for today on account of a 98–207, RM–9408, RM–9497] received October 7, October 5, 1999, pursuant to 5 U.S.C. death in the family. 1999, pursuant to 5 U.S.C. 801(a)(1)(A); to the 801(a)(1)(A); to the Committee on Agri- Mr. ENGLISH (at the request of Mr. Committee on Commerce. ARMEY) for today on account of a culture. 4723. A letter from the Special Assistatnt transportation delay. 4714. A letter from the Administrator, Ag- to the Bureau Chief, Mass Media Bureau, ricultural Marketing Service, Department of Federal Communications Commission, trans- f Agriculture, transmitting the Department’s mitting the Commission’s final rule— final rule—Avocados Grown in South Florida SPECIAL ORDERS GRANTED Amendment of Section 73.202(b), Table of Al- and Imported Avocados; Revision of the Ma- lotments, FM Broadcast Stations (Choteau, By unanimous consent, permission to turity Requirements for Fresh Avocados Montana) [MM Docket No. 99–219 RM–9638] address the House, following the legis- [Docket No. FV99–915–2FR] received October (Hubbardston, Michigan) [MM Docket No. 99– lative program and any special orders 5, 1999, pursuant to 5 U.S.C. 801(a)(1)(A); to 80 RM–9493] (Ingram, Texas) [MM Docket No. heretofore entered, was granted to: the Committee on Agriculture. 99–235 RM–9643] (Parowan, Utah) [MM Docket 4715. A letter from the Office of the Under (The following Members (at the re- No. 99–224 RM–9605] (Toquerville, Utah) [MM Secretary, Department of the Navy, trans- Docket No. 99–226 RM–9603] (Valier, Mon- quest of Mr. MCNULTY) to revise and mitting notification of a decision to study extend their remarks and include ex- tana) [MM Docket No. 99–228 RM–9612] certain functions performed by military and (Washburn, Wisconsin) [MM Docket No. 99–18 traneous material:) civilian personnel in the Department of the RM–9414] (Breckenridge, Texas) [MM Docket Mrs. MALONEY of New York, for 5 Navy for possible performance by private No. 99–243 RM–9675] (Alberton, Montana) minutes, today. contractors, pursuant to 10 U.S.C. 2461; to [MM Docket No. 99–218 RM 9637] Received Oc- Mr. PALLONE, for 5 minutes, today. the Committee on Armed Services. tober 7, 1999, pursuant to 5 U.S.C. 4716. A letter from the Director, Regula- Mrs. CLAYTON, for 5 minutes, today. 801(a)(1)(A); to the Committee on Commerce. tions Policy and Management Staff, FDA, 4724. A letter from the Director, Office of Ms. JACKSON-LEE of Texas, for 5 min- Department of Health and Human Services, utes, today. Congressional Affairs, Office of Nuclear Re- transmitting the Department’s final rule— actor Regulation, Nuclear Regulatory Com- (The following Members (at the re- Food Labeling: Declaration of Ingredients mission, transmitting the Commission’s quest of Mr. UPTON) to revise and ex- [Docket No. 98P–0968] received October 6, final rule—Changes, Tests, and Experiments tend their remarks and include extra- 1999, pursuant to 5 U.S.C. 801(a)(1)(A); to the (RIN: 3150–AF94) received October 5, 1999, neous material:) Committee on Commerce. pursuant to 5 U.S.C. 801(a)(1)(A); to the Com- Mrs. JOHNSON of Connecticut, for 5 4717. A letter from the Director, Regula- mittee on Commerce. minutes, October 13. tions Policy and Management Staff, FDA, 4725. A letter from the Acting Director, De- Department of Health and Human Services, fense Security Cooperation Agency, trans- Mr. BURTON of Indiana, for 5 minutes, transmitting the Department’s final rule— mitting notification concerning the Depart- October 19. Internal Analgesic, Antipyretic, and ment of the Air Force’s proposed Letter(s) of f Antirheurmatic Drug Products for Over-the- Offer and Acceptance (LOA) to Australia for Counter Human Use; Final Rule for Profes- defense articles and services (Transmittal SENATE BILLS REFERRED sional Labeling of Aspirin, Buffered Aspirin, No. 00–06), pursuant to 22 U.S.C. 2776(b); to Bills of the Senate of the following and Aspirin in Combination with Antacid the Committee on International Relations. titles were taken from the Speaker’s Drug Products; Technical Amendments 4726. A letter from the Director, Office of [Docket No. 77N–094A] received October 6, table and, under the rule, referred as Personnel Management, transmitting the Of- 1999, pursuant to 5 U.S.C. 801(a)(1)(A); to the fice’s final rule—Prevailing Rate Systems; follows: Committee on Commerce. Redefinition of the Eastern South Dakota S. 1567. An act to designate the United 4718. A letter from the Director, Office of and Wyoming Appropriated Fund Wage States courthouse located at 223 Broad Regulatory Management and Information, Areas (RIN: 3206–AI74) received October 5, Street in Albany, Georgia, as the ‘‘C.B. King Environmental Protection Agency, transmit- 1999, pursuant to 5 U.S.C. 801(a)(1)(A); to the United States Courthouse’’; to the Com- ting the Agency’s final rule—Approval and Committee on Government Reform. mittee on Transportation and Infrastruc- Promulgation of Air Quality Implementa- 4727. A letter from the Director, Office of ture. tion Plans; Delaware; 15 Percent Rate of Personnel Management, transmitting the Of- S. 1595. An act to designate the United Progress Plan [DE027–1027a; FRL–6453–5] re- fice’s final rule—Prevailing Rate Systems; States courthouse at 401 West Washington ceived October 5, 1999, pursuant to 5 U.S.C. Change in Survey Cycle for the South- Street in Phoenix, Arizona, as the ‘‘Sandra 801(a)(1)(A); to the Committee on Commerce. western Michigan Appropriated Fund Wage H9898 CONGRESSIONAL RECORD — HOUSE October 12, 1999 Area (RIN: 3206–AI68) received October 5, [Airspace Docket No. 99–AGL–41] received 4747. A letter from the Program Analyst, 1999, pursuant to 5 U.S.C. 801(a)(1)(A); to the October 7, 1999, pursuant to 5 U.S.C. FAA, Department of Transportation, trans- Committee on Government Reform. 801(a)(1)(A); to the Committee on Transpor- mitting the Department’s final rule—Revi- 4728. A letter from the Acting Director, Of- tation and Infrastructure. sion of Class E Airspace; Corpus Christi, TX fice of Sustainable Fisheries, National Oce- 4737. A letter from the Program Analyst, [Airspace Docket No. 99–ASW–22] received anic and Atmospheric Administration, trans- FAA, Department of Transportation, trans- October 7, 1999, pursuant to 5 U.S.C. mitting the Administration’s final rule— mitting the Department’s final rule—Modi- 801(a)(1)(A); to the Committee on Transpor- Fisheries of the Exclusive Economic Zone fication of Class D Airspace; Bellville, IL tation and Infrastructure. Off Alaska; Pacific Cod by Catcher Vessels [Airspace Docket No. 99–AGL–39] received 4748. A letter from the Chief, Office of Reg- Using Trawl Gear in the Bering Sea and October 7, 1999, pursuant to 5 U.S.C. ulations and Administrative Law, USCG, De- Aleutian Islands [Docket No. 990304063–9063– 801(a)(1)(A); to the Committee on Transpor- partment of Transportation, transmitting 01; I.D. 092499K] received October 5, 1999, pur- tation and Infrastructure. the Department’s final rule—Safety Zone; suant to 5 U.S.C. 801(a)(1)(A); to the Com- 4738. A letter from the Program Analyst, Chesapeake Bay, Hampton, VA [CGD 05–99– mittee on Resources. FAA, Department of Transportation, trans- 090] (RIN: 2115–AA97) received October 7, 1999, 4729. A letter from the Director, Office of mitting the Department’s final rule—Estab- pursuant to 5 U.S.C. 801(a)(1)(A); to the Com- Sustainable Fisheries, National Marine Fish- lishment of Class E Airspace; Mountain Vil- mittee on Transportation and Infrastruc- eries Service, National Oceanic and Atmos- lage, AK [Airspace Docket No. 99–AAL–9] re- ture. pheric Administration, transmitting the Ad- ceived October 7, 1999, pursuant to 5 U.S.C. 4749. A letter from the Chief, Office of Reg- ministration’s final rule—Fisheries of the 801(a)(1)(A); to the Committee on Transpor- ulations and Administrative Law, USCG, De- Northeastern United States; Summer Floun- tation and Infrastructure. partment of Transportation, transmitting der Fishery [Docket No. 990422103–9209–02; 4739. A letter from the Chief, Office of Reg- the Department’s final rule—Safety Zone I.D. 090799A] received October 5, 1999, pursu- ulations and Administrative Law, USCG, De- Regulations; Mile 94.0 to Mile 96.0, Lower ant to 5 U.S.C. 801(a)(1)(A); to the Committee partment of Transportation, transmitting Mississippi River, Above Head of Passes on Resources. the Department’s final rule—Drawbridge Op- [COTP New Orleans, LA Regulation 99–026] 4730. A letter from the Acting Director, Of- eration Regulation: Passaic River, NJ (RIN: 2115–AA97) received October 7, 1999, fice of Sustainable Fisheries, National Ma- [CGD01–99–171] (RIN: 2115–AE47) received Oc- pursuant to 5 U.S.C. 801(a)(1)(A); to the Com- rine Fisheries Service, National Oceanic and tober 7, 1999, pursuant to 5 U.S.C. mittee on Transportation and Infrastruc- Atmospheric Administration, transmitting 801(a)(1)(A); to the Committee on Transpor- ture. the Administration’s final rule—Fisheries of tation and Infrastructure. 4750. A letter from the Chief, Office of Reg- the Exclusive Economic Zone Off Alaska; 4740. A letter from the Chief, Office of Reg- ulations and Administrative Law, USCG, De- Vessels Catching Pollock for Processing by ulations and Administrative Law, USCG, De- partment of Transportation, transmitting the Inshore Component In the Bering Sea partment of Transportation, transmitting the Department’s final rule—Drawbridge Op- Subarea [Docket No. 990304063–9063–01; I.D. the Department’s final rule—User Fees for eration Regulations; Swannee River, Florida 092899B] received October 5, 1999, pursuant to Licenses, Certificates of Registry, and Mer- [CGD07–98–054] (RIN: 2115–AE47) received Oc- 5 U.S.C. 801(a)(1)(A); to the Committee on chant Mariner Documents [USCG–1997–2799] tober 7, 1999, pursuant to 5 U.S.C. Resources. (RIN: 2115–AF49) received October 7, 1999, 801(a)(1)(A); to the Committee on Transpor- 4731. A letter from the Acting Director, Of- pursuant to 5 U.S.C. 801(a)(1)(A); to the Com- tation and Infrastructure. fice of Sustainable Fisheries Service, Na- mittee on Transportation and Infrastruc- 4751. A letter from the Chief, Office of Reg- tional Oceanic and Atmospheric Administra- ture. ulations and Administrative Law, USCG, De- tion, transmitting the Administration’s final 4741. A letter from the Program Analyst, partment of Transportation, transmitting rule—Fisheries Off West Coast States in the FAA, Department of Transportation, trans- the Department’s final rule—Drawbridge Op- Western Pacific; Pacific Coast Groundfish mitting the Department’s final rule—Estab- erating Regulation; Gulf Intercoastal Water- Fishery; End of the Primary Season and Re- lishment of Class E Airspace; Aniak, AK Es- way, Algiers Alternate Route, Louisiana sumption of Trip Limits for the Shoreside tablishment of Class E Airspace; St. Mary’s, [CGD08–99–057] (RIN: 2115–AE57) received Oc- Whiting Sector [Docket No. 98123133–9127–03; AK [Airspace Docket No. 99–AAL–7] received tober 7, 1999, pursuant to 5 U.S.C. I.D. 091399B] received October 5, 1999, pursu- October 7, 1999, pursuant to 5 U.S.C. 801(a)(1)(A); to the Committee on Transpor- ant to 5 U.S.C. 801(a)(1)(A); to the Committee 801(a)(1)(A); to the Committee on Transpor- tation and Infrastructure. on Resources. tation and Infrastructure. 4752. A letter from the Chief, Office of Reg- 4732. A letter from the Chief, Office of Reg- 4742. A letter from the Program Analyst, ulations and Administrative Law, USCG, De- ulations and Administrative Law, USCG, De- FAA, Department of Transportation, trans- partment of Transportation, transmitting partment of Transportation, transmitting mitting the Department’s final rule—Estab- the Department’s final rule—Drawbridge Op- the Department’s final rule—Rules of Prac- lishment of Class E Airspace; Kalskag, AK eration Regulation; Inner Harbor Navigation tice, Procedure, and Evidence for Adminis- [Airspcae Docket No. 99–AAL–14] received Canal, LA [CGD08–99–011] (RIN: 2115–AE47) trative Proceedings of the Coast Guard October 7, 1999, pursuant to 5 U.S.C. received October 7, 1999, pursuant to 5 U.S.C. [USCG–1998–3472] (RIN: 2115–AF59) received 801(a)(1)(A); to the Committee on Transpor- 801(a)(1)(A); to the Committee on Transpor- October 7, 1999, pursuant to 5 U.S.C. tation and Infrastructure. tation and Infrastructure. 801(a)(1)(A); to the Committee on Transpor- 4743. A letter from the Program Analyst, 4753. A letter from the Director, Office of tation and Infrastructure. FAA, Department of Transportation, trans- Regulations Management, Veterans Health 4733. A letter from the Program Analyst, mitting the Department’s final rule—Revi- Administration, Department of Veterans Af- FAA, Department of Transportation, trans- sion of Class E Airspace; Georgetown, TX fairs, transmitting the Department’s final mitting the Department’s final rule—Amend- [Airspace Docket No. 99–ASW–18] received rule—Enrollment-Provision of Hospital and ment to Class E Airspace; Kansas City, MO October 7, 1999, pursuant to 5 U.S.C. Outpatient Care to Veterans (RIN: 2900–AJ18) [Airspace Docket No. 99–ACE–34] received 801(a)(1)(A); to the Committee on Transpor- received October 6, 1999, pursuant to 5 U.S.C. October 7, 1999, pursuant to 5 U.S.C. tation and Infrastructure. 801(a)(1)(A); to the Committee on Veterans’ 801(a)(1)(A); to the Committee on Transpor- 4744. A letter from the Program Analyst, Affairs. tation and Infrastructure. FAA, Department of Transportation, trans- 4734. A letter from the Program Analyst, mitting the Department’s final rule—Revi- 4754. A letter from the Director, Office of FAA, Department of Transportation, trans- sion of Class E Airspace; Mineral Wells, TX Regulations Management, Veterans Benefits mitting the Department’s final rule—Air- [Airspace Docket No. 99–ASW–20] received Administration, Department of Veterans Af- worthiness Directives; Eurocopter France October 7, 1999, pursuant to 5 U.S.C. fairs, transmitting the Department’s final Model SA–360C, SA–365C, C1, and C2 Heli- 801(a)(1)(A); to the Committee on Transpor- rule—Returned and Canceled Checks (RIN: copters [Docket No. 99–SW–15–AD; Amend- tation and Infrastructure. 2900–AJ61) received October 6, 1999, pursuant ment 39–11344; AD 99–21–01] (RIN: 2120–AA64) 4745. A letter from the Program Analyst, to 5 U.S.C. 801(a)(1)(A); to the Committee on received October 7, 1999, pursuant to 5 U.S.C. FAA, Department of Transportation, trans- Veterans’ Affairs. 801(a)(1)(A); to the Committee on Transpor- mitting the Department’s final rule—Revi- f tation and Infrastructure. sion of Class E Airspace; Alice, TX [Airspace 4735. A letter from the Program Analyst, Docket No. 99–ASW–23] received October 7, REPORTS OF COMMITTEES ON FAA, Department of Transportation, trans- 1999, pursuant to 5 U.S.C. 801(a)(1)(A); to the PUBLIC BILLS AND RESOLUTIONS mitting the Department’s final rule—Modi- Committee on Transportation and Infra- Under clause 2 of rule XIII, reports of fication of Class E Airspace; Hayward, WI structure. committees were delivered to the Clerk [Airspace Docket No. 99–AGL–40] received 4746. A letter from the Program Analyst, October 7, 1999, pursuant to 5 U.S.C. FAA, Department of Transportation, trans- for printing and reference to the proper 801(a)(1)(A); to the Committee on Transpor- mitting the Department’s final rule—Revi- calendar, as follows: tation and Infrastructure. sion of Class E Airspace; Falfurrias, TX [Air- Mr. MCCOLLUM: Committee on the Judici- 4736. A letter from the Program Analyst, space Docket No. 99–ASW–21] received Octo- ary H.R. 1791. A bill to amend title 18, United FAA, Department of Transportation, trans- ber 7, 1999, pursuant to 5 U.S.C. 801(a)(1)(A); States Code, to provide penalties for harm- mitting the Department’s final rule—Modi- to the Committee on Transportation and In- ing animals used in Federal law enforce- fication of Class E Airspace; Cable Union, WI frastructure. ment; with an amendment (Rept. October 12, 1999 CONGRESSIONAL RECORD — HOUSE H9899

106–372). Referred to the Committee of the off miners in reclamation work; to the Com- H.R. 2612: Ms. KAPTUR. Whole House on the State of the Union. mittee on Resources, and in addition to the H.R. 2631: Ms. ROYBAL-ALLARD and Ms. Mr. YOUNG of Florida: Committee on Ap- Committee on Education and the Workforce, ESHOO. propriations. Report on the Revised Sub- for a period to be subsequently determined H.R. 2640: Mr. BOEHLERT. allocation of Budget Allocations for Fiscal by the Speaker, in each case for consider- H.R. 2659: Ms. EDDIE BERNICE JOHNSON of Year 2000 (Rept. 106–373). Referred to the ation of such provisions as fall within the ju- Texas and Mr. BONIOR. Committee of the Whole House on the State risdiction of the committee concerned. H.R. 2662: Mr. PAYNE and Ms. LEE. of the Union. By Mr. GILMAN: H.R. 2710: Mr. CUNNINGHAM. Mr. YOUNG of Alaska: Committee on Re- H. Con. Res. 195. Concurrent resolution H.R. 2720: Mr. WELLER, Mr. BOUCHER, and sources. H.R. 795. A bill to provide for the supporting the transition to democracy in Mr. TRAFICANT. settlement of the water rights claims of the Indonesia; to the Committee on Inter- H.R. 2733: Mr. REYES. Chippewa Cree Tribe of the Rocky Boy’s Res- national Relations. H.R. 2735: Mr. CRANE. ervation, and for other purposes; with an By Mr. EHLERS: H.R. 2741: Mr. CROWLEY. amendment (Rept. 106–374). Referred to the H. Con. Res. 196. Concurrent resolution per- H.R. 2749: Mr. SMITH of Texas and Mr. Committee of the Whole House on the State mitting the use of the rotunda of the Capitol WELDON of Florida. of the Union. for the presentation of the Congressional H.R. 2776: Mr. WYNN and Mr. MALONEY of Mrs. MYRICK: Committee on Rules. House Gold Medal to President and Mrs. Gerald R. Connecticut. Resolution 326. Resolution waiving points of Ford; to the Committee on House Adminis- H.R. 2786: Mr. TOWNS. order against the conference report to ac- tration. H.R. 2856: Mr. SMITH of New Jersey, Mr. LI- company the bill (H.R. 2561) making appro- f PINSKI, and Mr. ENGLISH. priations for the Department of Defense for H.R. 2890: Mr. THOMPSON of Mississippi and the fiscal year ending September 30, 2000, and ADDITIONAL SPONSORS Mr. CAPUANO. for other purposes (Rept. 106–375). Referred Under clause 7 of rule XII, sponsors H.R. 2892: Mr. WELDON of Pennsylvania, to the House Calendar. Mrs. LOWEY, and Mr. BARCIA. were added to public bills and resolu- Mr. DIAZ-BALART: Committee on Rules. H.R. 2909: Mr. SABO, Mr. MOAKLEY, Mr. House Resolution 327. Resolution providing tions as follows: CAPUANO, Mr. BORSKI, Mr. HOLDEN, Mrs. for consideration of the bill (H.R. 1993) to re- H.R. 269: Mr. WU. MALONEY of New York, Mr. FROST, Ms. authorize the Overseas Private Investment H.R. 303: Mr. DIAZ-BALART and Mr. PELOSI, and Mr. ROTHMAN. Corporation and the Trade and Development WEXLER. H.R. 2939: Mr. SANDERS and Mr. CONYERS. Agency, and for other purposes (Rept. 106– H.R. 306: Mr. SKELTON and Mr. BARCIA. H.R. 2986: Mr. ROYCE. 376). Referred to the House Calendar. H.R. 534: Mr. BASS. H.R. 2987: Mr. TALENT and Mr. f H.R. 566: Mr. DINGELL and Ms. PELOSI. NETHERCUTT. H.R. 745: Mr. MCGOVERN. H.R. 2999: Mr. WYNN. PUBLIC BILLS AND RESOLUTIONS H.R. 783: Mr. COMBEST and Mr. KOLBE. H.R. 3028: Mr. SALMON. Under clause 2 of rule XII, public H.R. 797: Mr. TERRY, Mr. HYDE, Mrs. H.J. Res. 46: Mr. MCHUGH, Mrs. LOWEY, and bills and resolutions were introduced CHRISTENSEN, Mr. COMBEST, Mr. WAXMAN, Mr. WEINER. and Mr. FOLEY. and severally referred, as follows: H. Con. Res. 141: Mr. PORTER, Mr. GREEN- H.R. 798: Mr. KUCINICH. WOOD, Mr. HORN, Mr. POMBO, Mr. ENGEL, Mr. By Mr. BLAGOJEVICH (for himself, H.R. 826: Ms. WOOLSEY. KILDEE, Mr. ROHRABACHER, Mr. DIXON, Mrs. Mrs. MCCARTHY of New York, Mrs. H.R. 976: Ms. NORTON and Mr. CASTLE. CLAYTON, and Mr. PASTOR. JONES of Ohio, Ms. SCHAKOWSKY, and H.R. 997: Mr. KASICH, Mr. DEAL of Georgia, H. Con. Res. 166: Mr. SAM JOHNSON of Mr. NADLER): Mr. RUSH, Mr. RILEY, Mr. GUTIERREZ, Mr. Texas. H.R. 3057. A bill to amend title 18, United PETRI, Mr. DOOLITTLE, Mr. WATKINS, and Mr. H. Res. 37: Ms. NORTON, Mrs. MINK of Ha- States Code, to prohibit gunrunning, and BAKER. waii, and Mr. FROST. provide mandatory minimum penalties for H.R. 1083: Ms. DANNER and Mr. GORDON. H. Res. 41: Mr. BARCIA, Mrs. JOHNSON of crimes related to gunrunning; to the Com- H.R. 1102: Ms. MCCARTHY of Missouri. Connecticut, Mr. MARTINEZ, and Mr. UDALL mittee on the Judiciary, and in addition to H.R. 1221: Mr. BILBRAY. of New Mexico. the Committee on Government Reform, for a H.R. 1300: Mr. THOMPSON of Mississippi and H. Res. 224: Mr. MORAN of Kansas. period to be subsequently determined by the Mr. MICA. H. Res. 238: Mr. CAMP and Mr. WOLF. Speaker, in each case for consideration of H.R. 1355: Ms. MCCARTHY of Missouri. H. Res. 269: Mr. SABO. such provisions as fall within the jurisdic- H.R. 1357: Mr. TOOMEY. H. Res. 278: Mr. WALSH, Mr. KLECZKA, Mr. tion of the committee concerned. H.R. 1363: Mr. HALL of Texas. PHELPS, and Mr. MCHUGH. By Mr. FOLEY (for himself and Mr. H.R. 1475: Mr. TOWNS. H. Res. 298: Mr. MENENDEZ, Mr. GILCHREST, ACKERMAN): H.R. 1495: Mr. COYNE. Ms. DEGETTE, Mr. ROMERO-BARCELO, Mr. H.R. 3058. A bill to amend the Immigration H.R. 1622: Mrs. CAPPS. DAVIS of Florida, Ms. WATERS, Mr. HOBSON, and Nationality Act to provide that aliens H.R. 1644: Mr. LAHOOD. Mr. LEWIS of Georgia, Mr. MEEKS of New who commit acts of torture abroad are inad- H.R. 1798: Mrs. THURMAN. York, Mrs. MALONEY of New York, and Ms. missible and removable and to establish H.R. 1816: Mr. MORAN of Virginia and Mr. PELOSI. within the Criminal Division of the Depart- LAFALCE. f ment of Justice an Office of Special Inves- H.R. 1860: Mr. STARK, Mr. ROMERO- tigations having responsibilities under that BARCELO, Mr. BONIOR, and Mr. HINOJOSA. AMENDMENTS Act with respect to all alien participants in H.R. 1887: Mr. GREEN of Wisconsin. acts of genocide and torture abroad; to the H.R. 1899: Mr. CLEMENT, Mr. SKELTON, Ms. Under clause 8 of rule XVIII, pro- Committee on the Judiciary. MCKINNEY, and Mrs. THURMAN. posed amendments were submitted as By Mr. HEFLEY: H.R. 2002: Mr. LUTHER. follows: H.R. 3059. A bill to establish a moratorium H.R. 2059: Mr. WALSH and Mr. HALL of H.R. 1993 on bottom trawling and use of other mobile Texas. OFFERED BY: MR. GEJDENSON fishing gear on the seabed in certain areas H.R. 2120: Mr. ALLEN. off the coast of the United States; to the H.R. 2200: Mr. PICKETT and Mr. GILCHREST. AMENDMENT NO. 1: Insert the following Committee on Resources. H.R. 2228: Mr. DEFAZIO and Mr. FARR of after section 4 and redesignate succeeding By Mr. MCKEON: California. sections, and references thereto, accord- H.R. 3060. A bill to prohibit mining on a H.R. 2298: Mr. GREEN of Texas and Mr. ingly. certain tract of Federal land in Los Angeles WAXMAN. SEC. 4. ENVIRONMENTAL IMPACT OF OPIC PRO- County, California, and for other purposes; H.R. 2308: Ms. DEGETTE. GRAMS. to the Committee on Resources. H.R. 2366: Mr. CANNON, Mr. CONDIT, Mr. (a) ADDITIONAL REQUIREMENTS.—Section By Mr. SMITH of Texas: VITTER, Mr. SMITH of Texas, and Mr. COM- 231A of the Foreign Assistance Act of 1961 (22 H.R. 3061. A bill to amend the Immigration BEST. U.S.C. 2191a) is amended— and Nationality Act to extend for an addi- H.R. 2418: Mr. MENENDEZ, Mr. SMITH of New (1) by redesignating subsection (b) as sub- tional 2 years the period for admission of an Jersey, Mr. ANDREWS, Mr. PASCRELL, Mr. section (c); alien as a nonimmigrant under section PAYNE, Mr. SAXTON, and Mr. HOLT. (2) by inserting after subsection (a) the fol- 101(a)(15)(S) of such Act, and to authorize ap- H.R. 2457: Mrs. MALONEY of New York. lowing new subsection: propriations for the refugee assistance pro- H.R. 2492: Mr. WEINER, Mr. CROWLEY, and ‘‘(b) ENVIRONMENTAL IMPACT.— gram under chapter 2 of title IV of the Immi- Mr. SERRANO. ‘‘(1) ENVIRONMENTAL ASSESSMENT OR gration and Nationality Act; to the Com- H.R. 2495: Ms. WOOLSEY. AUDIT.—The Board of Directors of the Cor- mittee on the Judiciary. H.R. 2528: Mr. THOMPSON of California. poration shall not vote in favor of any action By Mr. WISE: H.R. 2539: Mr. DREIER. proposed to be taken by the Corporation that H.R. 3062. A bill to provide grants to States H.R. 2543: Mr. BURR of North Carolina, Mr. is likely to have significant adverse environ- for programs for the reemployment of laid BONIOR, and Mr. LARGENT. mental impacts that are sensitive, diverse, H9900 CONGRESSIONAL RECORD — HOUSE October 12, 1999

or unprecedented, unless for at least 60 days (2) by inserting after subsection (a) the fol- ‘‘(1) ENVIRONMENTAL ASSESSMENT OR before the date of the vote— lowing new subsection: AUDIT.—The Board of Directors of the Cor- ‘‘(A) an environmental impact assessment ‘‘(b) ENVIRONMENTAL IMPACT.— poration shall not vote in favor of any action or initial environmental audit, analyzing the ‘‘(1) ENVIRONMENTAL ASSESSMENT OR proposed to be taken by the Corporation that environmental impacts of the proposed ac- AUDIT.—The Board of Directors of the Cor- is likely to have significant adverse environ- tion and of alternatives to the proposed ac- poration shall not vote in favor of any action mental impacts that are sensitive, diverse, tion has been completed by the project appli- proposed to be taken by the Corporation that or unprecedented, unless for at least 60 days cant and made available to the Board of Di- is likely to have significant adverse environ- before the date of the vote— rectors; and mental impacts that are sensitive, diverse, ‘‘(A) an environmental impact assessment ‘‘(B) such assessment or audit has been or unprecedented, unless for at least 60 days or initial environmental audit, analyzing the made available to the public of the United before the date of the vote— environmental impacts of the proposed ac- States, locally affected groups in the host ‘‘(A) an environmental impact assessment tion and of alternatives to the proposed ac- country, and host country nongovernmental or initial environmental audit, analyzing the tion has been completed by the project appli- organizations. environmental impacts of the proposed ac- cant and made available to the Board of Di- ‘‘(2) DISCUSSIONS WITH BOARD MEMBERS.— tion and of alternatives to the proposed ac- rectors; and Prior to any decision by the Corporation re- tion has been completed by the project appli- ‘‘(B) such assessment or audit has been garding insurance, reinsurance, guarantees, cant and made available to the Board of Di- made available to the public of the United or financing for any project, the President of rectors; and States, locally affected groups in the host the Corporation or the President’s designee ‘‘(B) such assessment or audit has been country, and host country nongovernmental shall meet with at least one member of the made available to the public of the United organizations. public who is representative of individuals States, locally affected groups in the host ‘‘(2) DISCUSSIONS WITH BOARD MEMBERS.— who have concerns regarding any significant country, and host country nongovernmental Prior to any decision by the Corporation re- adverse environmental impact of that organizations. garding insurance, reinsurance, guarantees, project. ‘‘(2) CONSIDERATION AT BOARD MEETINGS.— or financing for any project, a member or ‘‘(3) CONSIDERATION AT BOARD MEETINGS.— In making its decisions regarding insurance, members of the Board of Directors shall In making its decisions regarding insurance, reinsurance, guarantees, or financing for any meet with at least one member of the public reinsurance, guarantees, or financing for any project, the Board of Directors shall fully who is representative of individuals who project, the Board of Directors shall fully take into account any recommendations have concerns regarding any significant ad- take into account any recommendations made by other interested Federal agencies, verse environmental impact of that project. made by other interested Federal agencies, interested members of the public, locally af- ‘‘(3) CONSIDERATION AT BOARD MEETINGS.— interested members of the public, locally af- fected groups in the host country, and host In making its decisions regarding insurance, fected groups in the host country, and host country nongovernmental organizations reinsurance, guarantees, or financing for any country nongovernmental organizations with respect to the assessment or audit de- project, the Board of Directors shall fully with respect to the assessment or audit de- scribed in paragraph (1) or any other matter take into account any recommendations scribed in paragraph (1) or any other matter related to the environmental effects of the made by other interested Federal agencies, related to the environmental effects of the proposed support to be provided by the Cor- interested members of the public, locally af- proposed support to be provided by the Cor- poration for the project.’’; and fected groups in the host country, and host poration for the project.’’; and (3) in subsection (c), as so redesignated, by country nongovernmental organizations (3) in subsection (c), as so redesignated, by striking ‘‘each year’’ and inserting ‘‘every 6 with respect to the assessment or audit de- striking ‘‘each year’’ and inserting ‘‘every 6 months’’. scribed in paragraph (1) or any other matter months’’. (b) STUDY ON PROCESS FOR OPIC ASSIST- related to the environmental effects of the (b) STUDY ON PROCESS FOR OPIC ASSIST- ANCE.—OPIC shall review its procedures for proposed support to be provided by the Cor- ANCE.—The Inspector General of the Agency undertaking to conduct financing, insurance, poration for the project.’’; and for International Development shall review and reinsurance operations in order to deter- (3) in subsection (c), as so redesignated, by OPIC’s procedures for undertaking to con- mine whether OPIC receives sufficient infor- striking ‘‘each year’’ and inserting ‘‘every 6 duct financing, insurance, and reinsurance mation from project applicants, agencies of months’’. operations in order to determine whether the United States Government, and members (b) STUDY ON PROCESS FOR OPIC ASSIST- OPIC receives sufficient information from of the public of the United States and other ANCE.—The Inspector General of the Agency project applicants, agencies of the United countries on the environmental impact of in- for International Development shall review States Government, and members of the pub- vestments insured, reinsured, or financed by OPIC’s procedures for undertaking to con- lic of the United States and other countries OPIC. Not later than 120 days after the date duct financing, insurance, and reinsurance on the environmental impact of investments of the enactment of this Act, OPIC shall re- operations in order to determine whether insured, reinsured, or financed by OPIC. Not port to the Committee on International Re- OPIC receives sufficient information from later than 120 days after the date of the en- lations of the House of Representatives and project applicants, agencies of the United States Government, and members of the pub- actment of this Act, the Inspector General the Committee on Foreign Relations of the lic of the United States and other countries shall report to the Committee on Inter- Senate on the results of its review. The re- on the environmental impact of investments national Relations of the House of Rep- port shall include— insured, reinsured, or financed by OPIC. Not resentatives and the Committee on Foreign (1) recommendations for ways in which the later than 120 days after the date of the en- views of the public could be better reflected Relations of the Senate on the results of its actment of this Act, the Inspector General in OPIC’s procedures; review. The report shall include— shall report to the Committee on Inter- (1) recommendations for ways in which the (2) recommendations for what additional national Relations of the House of Rep- views of the public could be better reflected information should be required of project ap- resentatives and the Committee on Foreign in OPIC’s procedures; plicants; and Relations of the Senate on the results of its (2) recommendations for what additional (3) recommendations for environmental review. The report shall include— information should be required of project ap- standards that should be used by OPIC in (1) recommendations for ways in which the plicants; and conducting its financing, insurance, and re- views of the public could be better reflected (3) recommendations for environmental insurance operations. in OPIC’s procedures; standards that should be used by OPIC in (c) EFFECTIVE DATE.—The amendments (2) recommendations for what additional conducting its financing, insurance, and re- made by subsection (a) shall take effect 90 information should be required of project ap- insurance operations. days after the date of the enactment of this plicants; and (c) EFFECTIVE DATE.—The amendments Act. (3) recommendations for environmental made by subsection (a) shall take effect 90 H.R. 1993 standards that should be used by OPIC in days after the date of the enactment of this OFFERED BY: MR. GEJDENSON conducting its financing, insurance, and re- Act. AMENDMENT NO. 3: Insert the following insurance operations. H.R. 1993 after section 4 and redesignate succeeding (c) EFFECTIVE DATE.—The amendments OFFERED BY: MR. GEJDENSON sections, and references thereto, accord- made by subsection (a) shall take effect 90 AMENDMENT NO. 2: Insert the following ingly. days after the date of the enactment of this after section 4 and redesignate succeeding SEC. 4. ENVIRONMENTAL IMPACT OF OPIC PRO- Act. sections, and references thereto, accord- GRAMS. H.R. 1993 ingly. (a) ADDITIONAL REQUIREMENTS.—Section OFFERED BY: MR. GILMAN SEC. 4. ENVIRONMENTAL IMPACT OF OPIC PRO- 231A of the Foreign Assistance Act of 1961 (22 AMENDMENT NO. 4: Page 11, lines 4 and 5, GRAMS. U.S.C. 2191a) is amended— strike ‘‘minority-owned businesses, focusing (a) ADDITIONAL REQUIREMENTS.—Section (1) by redesignating subsection (b) as sub- on’’ and insert ‘‘businesses that, because of 231A of the Foreign Assistance Act of 1961 (22 section (c); their minority ownership, may have been ex- U.S.C. 2191a) is amended— (2) by inserting after subsection (a) the fol- cluded from export trade, and from’’. (1) by redesignating subsection (b) as sub- lowing new subsection: Page 11, lines 8 and 9, strike ‘‘urban-based section (c); ‘‘(b) ENVIRONMENTAL IMPACT.— and minority-owned’’ and insert ‘‘such’’. October 12, 1999 CONGRESSIONAL RECORD — HOUSE H9901 H.R. 1993 possible arrangements with foreign parties. to the public, a report with respect to those OFFERED BY: MR. ROHRABACHER However, OPIC must be aware that private countries selected by the ITA in which goods parties with legitimate claims face financial or services produced or originating in the AMENDMENT NO. 5: Page 6, add the fol- obligations that cannot be deferred indefi- United States, that would otherwise be com- lowing after line 25 and redesignate suc- nitely. ceeding sections, and references thereto, ac- petitive in those countries, do not have mar- cordingly. H.R. 1993 ket access. Each report should contain the following with respect to each such country: SEC. 5. ENVIRONMENTAL REQUIREMENTS FOR OFFERED BY: MR. TERRY (A) ASSESSMENT OF POTENTIAL MARKET AC- OPIC. AMENDMENT NO. 10: Page 6, add the fol- CESS.—An assessment of the opportunities Section 239(g) of the Foreign Assistance lowing after line 25, and redesignate suc- that would, but for the lack of market ac- Act of 1961 (21 U.S.C. 2199(g)) is amended— ceeding sections, and references thereto, ac- cess, be available in the market in that (1) by inserting ‘‘(1)’’ after ‘‘(g)’’; and cordingly: country, for goods and services produced or (2) by adding at the end the following: SEC. 5. CLAIMS SETTLEMENT REQUIREMENTS originating in the United States in those sec- ‘‘(2) The Corporation shall not issue any FOR OPIC. contract of insurance or reinsurance, or any tors selected by the ITA. In making such as- (a) TIME PERIODS FOR RESOLVING CLAIMS.— sessment, the ITA should consider the com- guaranty, or enter into any agreement to Section 237(i) of the Foreign Assistance Act provide financing for any Category A invest- petitive position of such goods and services of 1961 (22 U.S.C. 2197(i)) is amended— in similarly developed markets in other ment fund project as defined by the Corpora- (1) by inserting ‘‘(1)’’ after ‘‘(i)’’; and tion’s environmental handbook, or com- countries. Such assessment should specify (2) by adding at the end the following: the time periods within which such market parable project, unless all relevant environ- ‘‘(2) The Corporation shall resolve each mental impact statements and assessments access opportunities should reasonably be claim arising as a result of insurance, rein- expected to be obtained. and initial environmental audits with re- surance, or guaranty operations under this (B) CRITERIA FOR MEASURING MARKET AC- spect to the project are made available for a title or under predecessor guaranty author- CESS.—Objective criteria for measuring the public comment period of not less than 60 to ity within 90 days after the claim is filed, ex- 120 days.’’. extent to which those market access oppor- cept that the Corporation may request spe- tunities described in subparagraph (A) have H.R. 1993 cific supplemental information on the claim been obtained. The development of such ob- OFFERED BY: MR. ROHRABACHER before the expiration of that 90-day period, jective criteria may include the use of in- and in that case may extend the 90-day pe- AMENDMENT NO. 6: Page 6, add the fol- terim objective criteria to measure results riod for an additional 60 days after receipt of lowing after line 25 and redesignate suc- on a periodic basis, as appropriate. such information. ceeding sections, and references thereto, ac- (C) COMPLIANCE WITH TRADE AGREEMENTS.— ‘‘(3) The Corporation shall pay interest at cordingly. An assessment of whether, and to what ex- the prime rate on any claim for each day tent, the country concerned has materially SEC. 5. PROHIBITION ON OPIC FUNDING FOR after the end of the applicable time period FOREIGN MANUFACTURING ENTER- complied with existing trade agreements be- PRISES. specified in paragraph (2) for settlement of tween the United States and that country. Section 231 of the Foreign Assistance Act the claim.’’. Such assessment should include specific in- of 1961 (21 U.S.C. 2191) is amended by adding H.R. 1993 formation on the extent to which United at the end the following flush sentence: OFFERED BY: MR. TERRY States suppliers have achieved additional ac- cess to the market in the country concerned ‘‘In addition, the Corporation shall decline AMENDMENT NO. 11: Page 6, add the fol- to issue any contract of insurance or reinsur- lowing after line 25, and redesignate suc- and the extent to which that country has ance, or any guaranty, or to enter into any ceeding sections, and references thereto, ac- complied with other commitments under agreement to provide financing for an eligi- cordingly: such agreements and understandings. ble investor’s investment if the investment (D) ACTIONS TAKEN BY ITA.—An identifica- SEC. 5. RESTRICTION ON CONTACTS RELATING tion of steps taken by the ITA on behalf of is to be made in any manufacturing enter- TO OPIC CLAIMS SETTLEMENTS. prises in a foreign country.’’. United States companies affected by the (a) PUBLICATION OF FEDERAL AGENCY INTER- lack of market access in that country. H.R. 1993 VENTIONS.—Section 237(i) of the Foreign As- (2) SELECTION OF COUNTRIES AND SECTORS.— OFFERED BY: MR. SANFORD sistance Act of 1961 (22 U.S.C. 2197(i)) is (A) IN GENERAL.—In selecting countries and amended— AMENDMENT NO. 7: Page 6, line 23, strike sectors that are to be the subject of a report (1) by inserting ‘‘(1)’’ after ‘‘(i)’’; and ‘‘Section’’ and insert ‘‘(a) IN GENERAL.—Sec- under paragraph (1), the ITA should give pri- (2) by adding at the end the following: tion’’. ority to— ‘‘(2) No other department or agency of the Page 6, line 25, strike ‘‘2003’’ and insert (i) any country with which the United United States, or officer or employee there- ‘‘2000’’. States has a trade deficit if access to the of, may intervene in any pending settlement Page 6, add the following after line 25: markets in that country is likely to have determination on any claim arising as a re- (b) OVERSIGHT HEARINGS.—Prior to consid- significant potential to increase exports of sult of insurance, reinsurance, or guaranty ering legislation to authorize issuing author- United States goods and services; and operations under this title or under prede- ity for OPIC’s insurance and financing pro- (ii) any country, and sectors therein, in cessor guaranty authority unless such inter- grams for any fiscal year after fiscal year which access to the markets will result in vention is published in the Federal Register. 2000, the Committee on International Rela- significant employment benefits for pro- ‘‘(3) The Corporation shall report to the tions of the House of Representatives shall ducers of United States goods and services. conduct an oversight hearing on the compli- Congress on any intervention, by any other The ITA should also give priority to sectors ance by OPIC with laws, treaties, agree- department or agency of the United States, which represent critical technologies, in- ments, general policies, and obligations to or officer or employee thereof, regarding the cluding those identified by the National Crit- which OPIC is subject in the implementation timing or settlement of any claim arising as ical Technologies Panel under section 603 of of its programs. a result of insurance, reinsurance, or guar- anty operations under this title or under the National Science and Technology Policy, H.R. 1993 predecessor guaranty authority. The report Organization, and Priorities Act of 1976 (42 OFFERED BY: MR. SANFORD shall be submitted within 30 days after the U.S.C. 6683). AMENDMENT NO. 8: Page 6, line 25, strike intervention is made.’’. (B) FIRST REPORT.—The first report sub- mitted under paragraph (1) should include ‘‘2003’’ and insert ‘‘2000’’. H.R. 1993 those countries with which the United H.R. 1993 OFFERED BY: MR. TRAFICANT States has a substantial portion of its trade OFFERED BY: MR. TERRY AMENDMENT NO. 12: Page 10, strike line 13 deficit. AMENDMENT NO. 9: Page 6, insert the fol- and all that follows through line 24 and in- (C) TRADE SURPLUS COUNTRIES.—The ITA lowing after line 21: sert the following: may include in reports after the first report (9) OPIC must address concerns that it (d) REPORTS ON MARKET ACCESS.— such countries as the ITA considers appro- does not promptly dispose of legitimate (1) ANNUAL REPORTS.—Not later than 90 priate with which the United States has a claims brought with respect to projects in- days after the date of the enactment of this trade surplus but which are otherwise de- sured or guaranteed by OPIC. The Congress Act, and annually thereafter, the ITA should scribed in paragraph (1) and subparagraph understands the desire of OPIC to explore all submit to the Congress, and make available (A) of this paragraph. 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, TUESDAY, OCTOBER 12, 1999 No. 137 Senate The Senate met at 9:01 a.m. and was the Comprehensive Nuclear Test-Ban The PRESIDING OFFICER. The called to order by the President pro Treaty, with approximately 6 hours of Chair advises the Senator from Nevada tempore [Mr. THURMOND]. debate time remaining. As a reminder, that the majority has 2 hours 53 min- the two amendments in order to the utes; the minority, 3 hours 23 minutes. PRAYER treaty must be filed at the desk by 9:45 Mr. REID. I say to my friends from The Chaplain, Dr. Lloyd John a.m. today. Arizona and Virginia that we will try Ogilvie, offered the following prayer: By previous consent, at 4:30 p.m. the to speak now and even out the time. Dear Father, today we focus our at- Senate will resume debate on the con- Mr. President, I give myself such tention on a question we need to ask ference report to accompany the Agri- time as I may consume. every day: Who gets the glory? Our culture appropriations bill. Following 1 We have heard a lot about nuclear purpose is to glorify You in all we say hour of debate, the Senate will proceed testing recently, but no one has experi- and do. And yet so often we grasp the to a cloture vote on the conference re- enced nuclear testing as has the State glory for ourselves. Help us to turn at- port. Therefore, the first rollcall vote of Nevada. Just a few miles from Las tention from ourselves to You and of the day will occur at approximately Vegas is the Nevada Test Site. There openly acknowledge You as the source 5:30 p.m. we have had almost 1,000 tests, some of our strength. You have taught us For the information of all Senators, above ground and some below ground. that there is no limit to what we can this week will be extremely busy so You can travel to the Nevada Test Site accomplish when we do give You the that action on the CTBT and the Agri- now and go and look at these test sites. glory. May our realization that we culture appropriations conference re- You can see where the above-ground could not breathe a breath, think a port can be completed. The Senate will tests have taken place. You can drive thought, or give leadership without also begin consideration of the cam- by one place where bleachers are still Your blessing, free us from so often paign finance reform legislation and standing where people—press and oth- seeking recognition. Make us so secure take up any conference reports avail- ers—would come and sit to watch the in Your up-building esteem that we are able for action. Senators may expect nuclear tests in the valley below. You able to build up others with whom we votes throughout the day and into the can see some of the buildings that still work. evening. are standing following a nuclear test. We glorify You, gracious God. We f You can see large tunnels that are still consecrate the decisions of this day, RESERVATION OF LEADER TIME in existence where scores and scores of and when the Senators come to the end tests were set off in the same tunnels. of the day, may they experience that The PRESIDING OFFICER. Under You can go and look at very deep sublime joy of knowing it was You who the previous order, the leadership time shafts where underground tests were received the glory. Amen. is reserved. set off. f f The State of Nevada understands nu- PLEDGE OF ALLEGIANCE EXECUTIVE SESSION clear testing. At one time, more than 11,000 people were employed in the Ne- The Honorable CONRAD BURNS, a vada desert dealing with nuclear test- Senator from the State of Montana, led COMPREHENSIVE NUCLEAR TEST- ing. Now, as a result of several admin- the Pledge of Allegiance, as follows: BAN TREATY istrations making a decision to no I pledge allegiance to the Flag of the The PRESIDING OFFICER. Under longer test nuclear weapons, there are United States of America, and to the Repub- only a little over 2,000 people there. lic for which it stands, one nation under God, the previous order, the Senate will now indivisible, with liberty and justice for all. go into executive session and resume Those 2,000 people are there by virtue of an Executive order saying we have f consideration of Executive Calendar No. 3, which the clerk will report. to be ready if tests are deemed nec- RECOGNITION OF THE ACTING The legislative clerk read as follows: essary in the national interest. So the MAJORITY LEADER Resolution to Advise and Consent to the Nevada Test Site is still there. The The PRESIDING OFFICER (Mr. Ratification of treaty document No. 105–28, people are standing by in case there is BURNS). The Senator from Arizona. Comprehensive Nuclear Test-Ban Treaty. a need for the test site to again be f The PRESIDING OFFICER. The Sen- used. ator from Nevada. The cessation of testing caused the SCHEDULE Mr. REID. Will the Chair inform the largest percentage reduction of de- Mr. KYL. Mr. President, today the two managers what time is remaining fense-related jobs in any Department of Senate will resume consideration of for both sides on the debate. Energy facility. Today, as I indicated,

∑ This ‘‘bullet’’ symbol identifies statements or insertions which are not spoken by a Member of the Senate on the floor.

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VerDate Mar 15 2010 21:55 Nov 01, 2013 Jkt 081600 PO 00000 Frm 00001 Fmt 0624 Sfmt 0634 E:\1999SENATE\S12OC9.REC S12OC9 mmaher on DSKCGSP4G1 with SOCIALSECURITY S12330 CONGRESSIONAL RECORD — SENATE October 12, 1999 there are a little over 2,000 of those the Appropriations Committee. I am will have no place at that table unless jobs. the ranking Democrat on that sub- the treaty is ratified by this Senate be- The State of Nevada is very proud of committee, with the head Republican fore that conference. what we have done for the security of on the subcommittee, Senator DOMEN- I wrote about more than the benefits this Nation. Not only have we had the ICI of New Mexico. It is our responsi- of this treaty. I also wrote about some above-ground nuclear tests and the bility to appropriate the money for the of its uncertainties and some of the below-ground nuclear tests, but we nuclear defense capabilities of this concerns, I believe, we need to study have Nellis Air Force Base which is the country. We do that. We spend billions and review, and about the debate that premier fighter training center for the of dollars every year. is needed for their resolution. U.S. Air Force—in fact, it is the pre- One of the things we have tried to do, I pointed out that a prohibition mier fighter training center for all al- recognizing we do not have traditional against any and all nuclear explosions lied forces around the world. I had a testing—that is underground testing or would reduce confidence in stockpile meeting recently with the general who above-ground testing; of course, we do reliability and safety unless some runs Nellis Air Force Base. He was pre- not do above-ground testing—is to pro- other means was developed to maintain paring for the German Air Force to vide other ways to make sure our nu- that confidence. come to Las Vegas to be involved in clear stockpile is safe and reliable. No I noted that the Stockpile Steward- the training systems available for matter what we have done in the past, ship Program was conceived to provide fighting the enemy in fighter planes. we have to make sure our weapons are that other means. We have had 2 years Also, 400 miles from Las Vegas and safe and reliable. of experience with this program, but I Nellis Air Force Gunnery Range, you How can we do that? We are attempt- wrote about the uncertainties faced by have Fallon Naval Air Station. It is the ing in this country to do the right science-based stockpile stewardship. I same type of training facility, not for thing. We have the Stockpile Steward- noted the plan depends critically on the Air Force but the Navy. Virtually ship Program under which we are con- dramatic increases in computational every pilot who lands on a carrier has ducting tests now. They are not explo- capability. That is why in our sub- been trained at Fallon. It is the pre- sions. We are doing it through com- committee we have worked very hard mier fighter training center for naval puters. We have some names for some to spend hard-earned tax dollars to de- aircraft—Fallon Naval Air Station. of our tests. velop better computers. The develop- There are many other facilities that One of them is subcritical testing. ment of computers is going on around have been used over the years. Today, What does that mean? It means we set the world, but no place is it going on at we have Indian Springs Air Force Base off an explosion involving nuclear ma- a more rapid pace than with the money which is 50 miles out of Las Vegas—ac- terials, but before the material be- we have provided through this sub- tually less than that—where they are comes critical, we stop it. There is no committee. We are doing it because we testing drones, the unmanned aircraft. nuclear yield. Then through comput- believe through computerization, we So we have given a lot to the security erization, in effect, we try to determine can have a more safe and more reliable of this Nation; we continue to do so. what would have happened had this stockpile. When we talk about nuclear testing, test gone critical. That is an expensive It is only through, as I wrote, these I can remember as a young boy, I was dramatic increases in computational raised 60 miles from Las Vegas. program, but it is a program that is ab- We were probably 125 miles from solutely necessary, again, for the safe- capability and equally dramatic in- where the actual detonations took ty and reliability of our nuclear stock- creases in resolution with which non- place. We would get up early in the pile. nuclear experiments can be measured morning at my home in Searchlight About 2 years ago, I gave a statement that we can go forward with certainty and watch these tests. They would an- before our subcommittee. This was a of having a safe and reliable nuclear nounce when the tests were coming. statement on the Comprehensive Test stockpile. We always saw the flash of light with Ban Treaty on which we had a hearing. I noted persistent support by Con- the above-ground tests. Sometimes we In that statement, I wrote about the gress and the administration was abso- did not hear the sound because it would loss of confidence in new weapons that lutely necessary, not on a short-term sometimes bounce over us. could not be tested under the treaty basis but on a long-term basis. I noted We were the lucky ones, though, be- and how this loss of confidence would Congress and the administration had to cause the winds never blew toward prevent recurrence of the costly and support the science-based Stockpile Searchlight or Las Vegas. The winds dangerous nuclear arms race of the Stewardship Program; that we must blew toward southern Utah and Lin- past 50 years. set the pattern for the world; it can be coln County in Nevada. I wrote about the confidence between done, and we can do it. As a result of these above-ground former adversaries that would come I did say that the support of Congress tests, many people developed radiation from the treaty because no longer and the administration was absolutely sickness. They did not know it at the would we or they have to worry about necessary but not necessarily sufficient time. People did not understand what significant new imbalances in deter- because the stewardship program is fallout was all about. rent forces, because no new weapons being developed at the same time that Yes, in Nevada, we understand nu- could be built. its architects are learning more about clear testing as well as anyone in the I wrote about how that confidence it. It is a study in progress. I wrote world. would lead to more and more reduc- then, and I believe now, the learning Nevada is going to continue its na- tions in nuclear stockpiles and move process will continue. tional service whether this treaty is the world even further away from nu- I pointed out that the test ban treaty ratified or not. We have already clear annihilation. would not prevent nuclear weapons de- stopped testing in the traditional I wrote about how the international velopment. It would only inhibit the sense. example of refraining from nuclear military significance of such develop- I want everyone to understand that testing, along with stockpile reduc- ment. We are not going to develop new even though I am a supporter of this tions, would reduce the incentives for weapons. We have not developed new treaty, I believe it would be much bet- non-nuclear states to develop nuclear weapons. ter, rather than having everyone weapons. Let’s talk, for example, about what march in here tonight and vote up or I did not write 2 years ago about the can be done. You can have the develop- down on this treaty, that we spend upcoming Comprehensive Test Ban ment of crude nuclear explosives that some more time talking about it. I am Treaty review conference in which only are difficult to deliver, but these could convinced it is a good thing for this states that have ratified the treaty will be developed with confidence without country, a good thing for this Nation, have effective membership. testing. We know, going back to the but I have some questions. We should That review conference will be able early days of things nuclear, that ‘‘Fat answer some questions. to change the conditions under which Man’’ had not been tested. That was I have the good fortune of serving on the treaty goes into force, and the the bomb that was dropped on Hiro- the Energy and Water Subcommittee of United States, I am sorry to report, shima. There was no test. It was a huge

VerDate Mar 15 2010 21:55 Nov 01, 2013 Jkt 081600 PO 00000 Frm 00002 Fmt 0624 Sfmt 0634 E:\1999SENATE\S12OC9.REC S12OC9 mmaher on DSKCGSP4G1 with SOCIALSECURITY October 12, 1999 CONGRESSIONAL RECORD — SENATE S12331 weapon, as large as the side of a house. I was overly optimistic when I wrote opinion on these issues. I rise in sup- They had to build a pit in the runway in the conclusion of my statement to port of the treaty because on the whole to load it. They had to reconfigure the the hearing as follows: we are much, much, much better off B–29 so it could drop this huge weapon, These uncertainties and their associated with it than without it. but it was not tested. issues will be the subject of intense debate I have only a partial list of promi- Stopping testing is not going to stop by the Senate as we move toward a policy nent individuals and national groups in the development of nuclear weapons. decision that will define an appropriate bal- support of this test ban treaty: Current Rogue nations and other nations can ance between the treaty’s costs, its risks, and former Chairmen and Vice Chair- develop these weapons if they see fit. and its promised benefits. men of the Joint Chiefs of Staff; former But these crude weapons will not upset There has been no intense debate. I Secretaries of Defense; former Secre- the deterrent balance. was too optimistic because we did not taries of State; former Secretaries of Also, some say the treaty would pre- ‘‘move’’ toward a policy decision; we Energy; former Members of Congress; vent the introduction of new modern did not do anything. We stumbled, Directors of the three National Labora- weapons that could weaken strategic lurched perhaps. I was too optimistic tories; we have other prominent na- deterrence. For example, nations could because intense debate has not been tional security officials; arms control not build sophisticated new weapons; conducted by the Senate. There have negotiators; we have many prominent they would be stuck with what they been a few little things that have gone military officers who have been mem- have. What they have may be good, on. For example, in my subcommittee bers of the Chiefs of Staff; scientific ex- may be bad. we have done a few things. But we have perts from all over the United States I pointed out the treaty could not needed extensive debate. with the greatest academic institu- guarantee total cessation of nuclear What have we had in the last few tions; we have Nobel laureates—more testing because very low-yield tests days, literally? We have had some ex- than a score of Nobel laureates who and higher yield ‘‘decoupled’’ tests perts come in. We have had some hur- support this treaty—former senior might not be detected with confidence. riedly conducted hearings. That isn’t Government officials and advisors; am- You could have small, very small tests. the way you approach, perhaps, one of bassadors; national groups; medical It would be very hard to detect. the most important treaties this coun- and scientific groups; public interest You could also have the situation try has ever decided. groups; religious groups. where a signatory nation could execute I think the chairmen and the ranking I have eight or nine pages of promi- a high-yield ‘‘unattended’’ explosion. members of both the Armed Services nent individuals and national groups in What does that mean? What it means is Committee and the Foreign Relations support of the Comprehensive Nuclear that for a high-yield ‘‘unattended’’ ex- Committee, during the last few days, Test-Ban Treaty that I ask unanimous plosion in a clandestine operation—no- have done the best they could under consent be printed in the RECORD. body could identify the signatory na- the circumstances. I commend them There being no objection, the mate- tion that was being noncompliant. for trying. But I do not think we rial was ordered to be printed in the For example, let’s say someone de- should base this treaty on what has RECORD, as follows: gone on in the last few days. veloped a nuclear device and secretly PARTIAL LIST OF PROMINENT INDIVIDUALS AND dropped it in the ocean and then left. I was too optimistic because I did not NATIONAL GROUPS IN SUPPORT OF THE When the device went off someplace realize we would enter a time agree- CTBT—OCTOBER 9, 1999 deep in the ocean, the country that ment to debate this most important CURRENT AND FORMER CHAIRMEN/VICE- dropped it in the ocean could certainly issue for 14 hours. I do not think it is CHAIRMEN OF THE JOINT CHIEFS OF STAFF know that it exploded. But others appropriate. I think it prevents amend- General Hugh Shelton, Chairman of the could not identify who did it. It would ments that may be necessary. Joint Chiefs of Staff. be very hard to develop or make a new I indicate that I rise in support of General John Shalikashvili, former Chair- stockpile doing it this way, but it is this treaty. I do it without any reluc- man of the Joint Chiefs of Staff. possible. There are ways around every- tance. I do say, however, that we General Colin Powell, former Chairman of thing. should have more debate. We should the Joint Chiefs of Staff. But in spite of all these things that have more consultation. We should General David Jones, former Chairman of the Joint Chiefs of Staff. you could throw up as ways to get have more hearings. That would allow Admiral William Crowe, former Chairman around the treaty—the ‘‘decoupled’’ us to arrive at a better, more informed of the Joint Chiefs of Staff. tests and dropping them in the ocean, decision. General Joseph Ralston, Vice Chairman. of course, you can do those kinds of I have heard some people speak on Admiral William Owens, former Vice things—but in spite of that, the posi- this floor saying they want more infor- Chairman. tive nature of this treaty far outweighs mation. They are entitled to that. I FORMER SECRETARIES OF DEFENSE any of these things that I have men- think we are rushing forward on a vote Robert McNamara. tioned. on this. We should step back. I think if Harold Brown. I did say in that statement I made there is an opportunity today to avoid William Perry. before our subcommittee that the the vote this afternoon or tomorrow, FORMER SECRETARIES OF STATE United States takes its treaty obliga- we should do that. I do not think we Warren Christopher. tions seriously. We would not in any need to rush into this. Cyrus Vance. manner do what I have just outlined. The President has written a letter in- FORMER SECRETARIES OF ENERGY But other nations might conduct them- dicating, for the good of the country, Hazel O’Leary. selves in that fashion. You cannot con- this vote should be put off. I agree with Federico Pen˜ a. duct your foreign policy believing that that. I am not afraid to cast my vote. FORMER ACDA DIRECTORS everybody is going to do everything I have indicated several times this Ambassador Ralph Earle II. the right way. morning that I will vote in favor of the Major General William F. Burns. I do say that in all of these areas of treaty. I do not, for a moment, believe Lt. General George M. Seignious II. uncertainty, I wrote about the need of that there are others who feel any dif- Ambassador Paul Warnke. the United States for a prolonged, com- ferently than I in our responsibility. Kenneth Adelman. prehensive investigation and debate. Our job is to cast votes. I only wish FORMER MEMBERS OF CONGRESS That is where we have failed. We Members were given the time and op- Senator Dale Bumpers. should have had hearings that went portunity to become as informed as Senator Alan Cranston. over a period of years, not a few days. possible so that all Members are given Senator John C. Danforth. It is through consultation and the an opportunity to improve this trea- Senator J. James Exon. testimony of experts, and debate ty—through debate, through dialogue, Senator John Glenn. Senator Mark O. Hatfield. among Members of this body and the and perhaps even through amendment. Senator Nancy Landon Kassebaum. other body, that the issues and ques- Again, I rise in support of this treaty, Senator George Mitchell. tions can be properly framed, exam- not because I had an opportunity to Representative Bill Green. ined, and resolved. consider all the issues and the expert Representative Thomas J. Downey.

VerDate Mar 15 2010 21:55 Nov 01, 2013 Jkt 081600 PO 00000 Frm 00003 Fmt 0624 Sfmt 0634 E:\1999SENATE\S12OC9.REC S12OC9 mmaher on DSKCGSP4G1 with SOCIALSECURITY S12332 CONGRESSIONAL RECORD — SENATE October 12, 1999 Representative Michael J. Kopetski. Rear Admiral Robert G. James. Lori Murray, Assistant Director of ACDA. Representative Anthony C. Bellenson. OTHER SCIENTIFIC EXPERTS Ambassador Michael Newlin, Deputy As- Representative Lee. H. Hamilton. sistant Secretary of State for Export Con- Dr. Hans Bethe, Nobel Laureate; Emeritus trols and Policy. DIRECTORS OF THE THREE NATIONAL Professor of Physics, Cornell University; Ambassador Robert B. Oakley, U.S. Am- LABORATORIES Head of the Manhattan Project’s theoretical bassador to Pakistan. Dr. John Browne, Director of Los Alamos division. Daniel B. Poneman, Senior Director, Na- National Laboratory. Dr. Freeman Dyson, Emeritus Professor of tional Security Council. Dr. Paul Robinson, Director of Sandia Na- Physics, Institute for Advanced Study, The Honorable Stanley Resor, Secretary of tional Laboratory. Princeton. the Army and Undersecretary of Defense for Dr. Bruce Tarter, Director of Lawrence Dr. Richard Garwin, Senior Fellow for Policy. Livermore National Laboratory. Science and Technology, Council on Foreign The Honorable John Rhinelander, Legal OTHER PROMINENT NATIONAL SECURITY Relations; consultant to Sandia National Adviser to SALT I Delegation. OFFICIALS Laboratory, former consultant to Los Ala- Elizabeth Rindskopf, General Counsel of mos National Laboratory. Ambassador Paul H. Nitze, arms control CIA and National Security Agency. Dr. Wolfgang K.H. Panofsky, Director negotiator, Reagan Administration. Ambassador Robert Gallucci, DPRK Admiral Stansfield Turner, former Direc- Emeritus, Stanford Linear Accelerator Cen- Agreed Framework negotiations. tor of the Central Intelligence Agency. ter, Stanford University. The Honorable Lawrence Scheinman, As- Charles Curtis, former Deputy Secretary of Dr. Jeremiah D. Sullivan, Professor of sistant Director of ACDA. Energy. Physics, University of Illinois at Urbana- Ambassador James Sweeney, Special Rep- Anthony Lake, former National Security Champaign. resentative of the President for Non-Pro- Advisor. Dr. Herbert York, Emeritus Professor of liferation. Physics, University of California, San Diego; PROMINENT MILITARY OFFICERS—SERVICE Ambassador Frank Wisner, U.S. Ambas- founding director of Lawrence Livermore, CHIEFS sador to India. General Eric L. Shinseki, Army Chief of National Laboratory; former Director of De- FORMER GOVERNMENT ADVISERS Staff. fense Research and Engineering, Department General Dennis J. Reimer, former Army of Defense. Paul Doty. Chief of Staff. Dr. Sidney D. Drell, Stanford Linear Accel- Richard Garwin. General Gordon Russell Sullivan, former erator Center, Stanford University. John Holdren. Army Chief of Staff. NOBEL LAUREATES Wolfgang Panokfsky. Frank Press. General Bernard W. Rogers, former Chief of Philip W. Anderson. Staff, U.S. Army; former NATO Supreme Al- John D. Steinbruner. Hans Bethe. Frank N. von Hippel. lied Commander. Nicolaas Bloembergen. General Michael E. Ryan, Air Force Chief Owen Chamberlain. NATIONAL GROUPS of Staff. Steven Chu. MEDICAL AND SCIENTIFIC ORGANIZATIONS General Merrill A. McPeak, former Air Leon Cooper. American Association for the Advance- Force Chief of Staff. Hans Dehmelt. General Ronald R. Fogleman, former Air ment of Science. Val F. Fitch. American Geophysical Union. Force Chief of Staff. Jerome Friedman. General James L. Jones, Marine Corps American Medical Students Association/ Donald A. Glaser. Commandant. Foundation. Sheldon Glashow. General Charles C. Krulak, former Marine American Physical Society. Henry W. Kendall. Corps Commandant. American Public Health Association. Leon M. Lederman. General Carl E. Mundy, former Marine American Medical Association. David E. Lee. Corps Commandant. PUBLIC INTEREST GROUPS T.D. Lee. Admiral Jay L. Johnson, Chief of Naval 20/20 Vision National Project. Operations. Douglas D. Osheroff. Arno Penzias. Alliance for Nuclear Accountability. Admiral Frank B. Kelso II, former Chief of Alliance for Survival. Naval Operations. Martin Perl. William Phillips. Americans for Democratic Action. Admiral Elmo R. Zumwalt, Jr., former Arms Control Association. Chief of Naval Operations. Norman F. Ramsey. Robert C. Richardson. British American Security Information General Eugene Habiger, former Com- Council. mander-in-Chief of Strategic Command. Burton Richter. Arthur L. Schawlow. Business Executives for National Security. General John R. Galvin, Supreme Allied Campaign for America’s Future. J. Robert Schrieffer. Commander, Europe. Campaign for U.N. Reform. Mel Schwartz. Admiral Noel Gayler, former Commander, Center for Defense Information. Clifford G. Shull. Pacific. Center for War/Peace Studies (New York, Joseph H. Taylor, Jr. General Charles A. Horner, Commander, NY). Daniel C. Tsui. Coalition Air Forces, Desert Storm, former Council for a Livable World. Charles Townes. Commander, U.S. Space Command. Council for a Livable World Education General Andrew O’Meara, former Com- Steven Weinberg. Fund. mander U.S. Army Europe. Robert W. Wilson. Council on Economic Priorities. General Bernard W. Rogers, former Chief of Kenneth G. Wilson. Defenders of Wildlife. Staff, U.S. Army; former NATO Supreme Al- FORMER SENIOR GOVERNMENT OFFICIALS AND Demilitarization for Democracy. lied Commander. ADVISORS Economists Allied for Arms Reduction General William Y. Smith, former Deputy Ambassador George Bunn, NPT Negotia- (ECAAR). Commander, U.S. Command, Europe. Lt. General Julius Becton. tions and former General Counsel of ACDA. Environmental Defense Fund. Lt. General John H. Cushman, former Ambassador Jonathan Dean, MBFR nego- Environmental Working Group. Commander, I Corps (ROK/US) Group tiations. Federation of American Scientists. (Korea). Ambassador James E. Goodby, Ambassador Fourth Freedom Forum. Lt. General Robert E. Pursley. to Finland and to U.S.-Russian Nuclear ne- Friends of the Earth. Vice Admiral William L. Read, former gotiations. Fund for New Priorities in America. Commander, U.S. Navy Surface Force, At- Ambassador Thomas Graham, Jr., Special Fund for Peace. lantic Command. Representative of the President for Arms Global Greens, USA. Vice Admiral John J. Shanahan, former Control, Non-Proliferation and Disar- Global Resource Action Center for the En- Director, Center for Defense Information mament. vironment. [19]. The Honorable Paul Ignatius, Secretary of Greenpeace, USA. Lt. General George M. Seignious II, former the Navy. The Henry L. Stimson Center. Director Arms Control and Disarmament The Honorable Spurgeon Keeny, Deputy Institute for Defense and Disarmament Agency. Director of ACDA. Studies (Saugus, MA). Vice Admiral James B. Wilson, former Po- The Honorable Lawrence Korb, Assistant Institute for Science and International Se- laris Submarine Captain. Secretary of Defense. curity. Maj. General William F. Burns, JCS Rep- Ambassador Steven Ledogar, CTBT nego- International Association of Educators for resentative, INF Negotiations, Special tiations. World Peace (Huntsville, AL). Envoy to Russia for Nuclear Dismantlement. Ambassador James Leonard, Deputy U.N. International Physicians for the Preven- Rear Admiral Eugene J. Carroll, Jr., Dep- Representative. tion of Nuclear War. uty Director, Center for Defense Informa- Jack Mendelsohn, senior arms control ne- International Center. tion. gotiator. Izaak Walton League of America.

VerDate Mar 15 2010 21:55 Nov 01, 2013 Jkt 081600 PO 00000 Frm 00004 Fmt 0624 Sfmt 0634 E:\1999SENATE\S12OC9.REC S12OC9 mmaher on DSKCGSP4G1 with SOCIALSECURITY October 12, 1999 CONGRESSIONAL RECORD — SENATE S12333 Lawyers Alliance for World Security. General Conference of the Seventh Day Ad- During the period of last week, a League of Women Voters of the United ventist Church. number of Senators sought to obtain States. Jewish Peace Fellowship. from the President a letter addressing Lutheran Office for Governmental Affairs, Manhattan Project II. his views on the timing of a vote on Maryknoll Justice and Peace Office. Evangelical Lutheran Church in America. National Environmental Coalition of Na- Mennonite Central Committee. this treaty. Over the weekend, in con- tive Americans (NECONA). Mennonite Central Committee, U.S. sultation with the White House staff, I National Environmental Trust. Mennonite Church. learned that this letter would be deliv- National Commission for Economic Con- Methodists United for Peace with Justice. ered. It was delivered to the Senate version and Disarmament. Missionaries of Africa. leadership yesterday afternoon. Natural Resources Defense Council. Mission Investment Fund of the ELCA, I shall now read it and place it in the Evangelical Lutheran Church in America. Nuclear Age Peace Foundation. RECORD: Nuclear Control Institute. Moravian Church, Northern Province. National Council of Churches. DEAR MR. LEADER: Nuclear Information & Resource Service. Tomorrow, the Senate is scheduled to vote OMB Watch. National Council of Churches of Christ in the USA. on the Comprehensive Test Ban Treaty. I Parliamentarians for Global Action firmly believe the Treaty is in the national Peace Action. National Council of Catholic Women. National Missionary Baptist Convention of interest. However, I recognize that there are Peace Action Education Fund. America. a significant number of Senators who have Peace Links. NETWORK: A National Catholic Social honest disagreements. I believe that pro- PeacePAC. Justice Lobby. ceeding to a vote under these circumstances Physicials for Social Responsibility. New Call to Peacemaking. would severely harm the national security of Plutonium Challenge. Office for Church in Society, United the United States, damage our relationship Population Action Institute. Church of Christ. with our allies, and undermine our historic Population Action International. Orthodox Church in America. leadership over 40 years, through administra- Psychologists for Social Responsibility. Pax Christi. tions Republican and Democratic, in reduc- Public Citizen. Presbyterian Church (U.S.A.). ing the nuclear threat. Public Education Center. Presbyterian Peace Fellowship. Accordingly, I request that you postpone Saferworld. Progressive National Baptist Convention, consideration of the Comprehensive Test Ban Sierra Club. Inc. Treaty on the Senate floor. Union of Concerned Scientists. Religious Action Center of Reform Juda- Sincerely, United States Servas, Inc. ism. BILL CLINTON. Veterans for Peace. The Shalom Center. Throughout this debate, the hall- Vietnam Veterans of America Foundation. Sojourners. Volunteers for Peace, Inc. Union of American Hebrew Congregations. mark has been differing views, dif- War and Peace Foundation. United Church of Christ. fering views by honestly motivated col- War Resistors League. United Methodist Church. leagues on both sides of the aisle. I am Women Strike for Peace. United Methodist Council of Bishops. not suggesting everyone on this side, in Women’s Action for New Directions. Unitarian Universalist Association. other words, is opposed to the treaty, Washington Office, Mennonite Central Women’s Legislators’ Lobby of WAND. but the practical matter is, there Women’s International League for Peace Committee. Women of the ELCA, Evangelical Lutheran seems to be a division along this aisle. and Freedom. In addition, as recited by my good World Federalist Association. Church in America. Zero Population Growth. Mr. FEINGOLD addressed the Chair. friend, the deputy leader of the Demo- crat side, the Senate has received com- RELIGIOUS GROUPS The PRESIDING OFFICER. The Sen- ator from Wisconsin. munications from a wide range of indi- African Methodist Episcopal Church. viduals, again, on both sides of this American Baptist Churches, USA. Mr. WARNER addressed the Chair. American Baptist Churches, USA, National The PRESIDING OFFICER. The Sen- issue. The Armed Services Committee Ministries. ator from Virginia. held three consecutive hearings. Sec- American Friends Service Committee. Mr. WARNER. Mr. President, I retary Schlesinger came forward with a American Jewish Congress. thought it was understood that we very clear statement in opposition to American Muslim Council. would alternate sides as we proceeded the treaty and expressed, on behalf of Association General Secretary for Public this morning. five other former Secretaries of De- Policy, National Council of Churches. Mr. REID. I would only say to my fense, the same viewpoint. That oc- Catholic Conference of Major Superiors of curred immediately following the cur- Men’s Institutes. friend from Virginia, I am happy to al- Church Women United. ternate. The only thing is, you will rent Secretary of Defense, Secretary Coalition for Peace and Justice. have to speak less than we do. Your Cohen, appearing before the Armed Columbian Fathers’ Justice and Peace Of- speeches will have to be shorter be- Services Committee, together with fice. cause you have less time. I spoke with General Shelton, and taking the view Commission for Women, Evangelical Lu- the Senator from Arizona. What is the in support of the treaty. All through theran Church in America. time now? last week intermittently these commu- Covenant of Unitarian Universalist Pa- The PRESIDING OFFICER. The ma- nications came to the Senate in writ- gans. ing, orally or otherwise—former Sec- Christian Church (Disciples of Christ) in jority has 2 hours 53 minutes; the mi- the United States and Canada. nority, 3 hours 2 minutes. retary of State Kissinger, former Na- Christian Methodist Episcopal Church. Mr. REID. So it has narrowed down tional Security Adviser Brent Scow- Church of the Brethren, General Board. to about the same time. Fine, we will croft, again, communicating their de- Division for Church in Society, Evan- alternate back and forth. sire to see that the treaty not be voted gelical Lutheran Church in America. Mr. WARNER. The time— upon at this time. Division for Congregational Ministries, Mr. REID. Is very close to being I mention that because of the seri- Evangelical Lutheran Church in America. equal. ousness of the treaty, one that lasts in Eastern Archdiocese, Syrian Orthodox Mr. WARNER. As an opponent to the perpetuity—theoretically, in per- Church of Antioch. petuity—asking this Nation to take The Episcopal Church. treaty, I would like to proceed, Mr. Episcopal Peace Fellowship, National Ex- President. certain steps with regard to our ability ecutive Council. The PRESIDING OFFICER. Is that to monitor the effectiveness and the Evangelicals for Social Action. all right with the Senator from Wis- safety of our nuclear arsenal. To me, it Evangelical Lutheran Church in America. consin? is clear such a treaty should only be Fellowship of Reconciliation. Mr. FEINGOLD. My understanding voted on when those types of con- Friends Committee on National Legisla- is, I would be next in line after the flicting opinions have been, as nearly tion. Senator from Virginia. as possible, resolved. The laboratory Friends United Meeting. Directors, likewise, came before our General Board Members, Church of the The PRESIDING OFFICER. Without Brethren. objection, it is so ordered. committee; they are not involved in General Board of Church and Society, The Senator from Virginia. the political arena. But one after the United Methodist Church. Mr. WARNER. I thank the Senator other in testimony tried to indicate General Conference, Mennonite Church. from Wisconsin. where they are in the test program. We

VerDate Mar 15 2010 21:55 Nov 01, 2013 Jkt 081600 PO 00000 Frm 00005 Fmt 0624 Sfmt 0634 E:\1999SENATE\S12OC9.REC S12OC9 mmaher on DSKCGSP4G1 with SOCIALSECURITY S12334 CONGRESSIONAL RECORD — SENATE October 12, 1999 are not there yet. It could be anywhere reduction of the threat of nuclear That is the essence of it. We do not from 5 and, one even said, 20 years be- weapons. have all of the seismic equipment, in fore the milestones now scheduled are In fairness to all sides, would it not the judgment of the Intelligence Com- put in place for this substitute sci- be wiser to delay the vote and make mittee, in place and ready to meet the entific, largely computerized test pro- certain it is the consensus of a major- deadlines of this treaty so we could de- gram will take the place of the actual ity of this Chamber, before that deci- tect another nation that desired to use tests. sion is finalized today or tomorrow, the live tests in violation of their commit- Against that background—and I majority of this Chamber saying we ments under this treaty. speak only for myself—I have joined concur in the observation for a number We have learned that our nuclear with Senator MOYNIHAN and, hopefully, of reasons, one of which clearly came weapons will, to some degree, deterio- others in preparing a Dear Colleague before the Armed Services Committee, rate over time. That is pure science. letter, which will be circulated this and that is, that the Intelligence Com- The physical properties of the mate- morning, with the Senator from Vir- mittee, on its own initiative, has initi- rials deteriorate over a period of time. ginia opposed to the treaty, prepared ated a new study of the capabilities of We cannot guarantee the safety and re- tonight to vote against it or tomorrow, the United States to monitor low-level liability of our highly sophisticated nu- whenever the case may be, and my dis- tests of actual weapons, should some clear weapons in perpetuity—always tinguished colleague, the senior Sen- nation, a signatory to this treaty or remember, in perpetuity. Testing is ator from New York, who spent much otherwise, decide to test live weapons. needed. of his lifetime in foreign affairs, a rec- We are at a crossroads in history The Stockpile Stewardship Program ognized expert, steadfastly in favor of which will affect this Nation for dec- is the concept of a substitute for the the treaty and prepared to vote in sup- ades to come. What possible rush to live testing that we have had these 50 port of it. I find on both sides of the judgment compels a vote tonight or to- years. That 50-year record of testing aisle there are Senators of a like mind morrow? Would it not be more prudent gives us the confidence today, and for a who believe that in the interest of na- that such a vote now be by a majority number of years forward, in the reli- tional security, today is not the time of the Senate in support of the two ability and safety of our stockpile. But to vote for that treaty. leaders, Senator LOTT and Senator there is some point in time, due to the The letter from the President, it was DASCHLE, both of whom have handled deterioration of weapons, and other hoped by some, would refer to his belief this matter, in my judgment, conscien- factors, that we will have to shift to a as to the scheduling of when this trea- tiously, always foremost in mind the new means of testing. The administra- ty should next be addressed in terms of security interests of this country tion’s proposal under this treaty is the a vote by the Senate. It is clear; his today, tomorrow, and the indefinite fu- Stockpile Stewardship Program. It is a last paragraph does not address that ture? I salute both leaders. computer simulation substitute for ac- issue. He simply says: Accordingly, I That is my brief opening. I wish to tual testing. The scientists tell us this request that you postpone consider- continue and summarize what our com- will not be proven—this substitute—for ation on the Senate floor. mittee did last week. We received over perhaps 5, 10, maybe up to 20 years. I Given that situation, it seems to me 15 hours of testimony from a wide repeat, milestones are being put in it is incumbent upon, hopefully, a ma- range of witnesses, from the Secretary place, but there is no certainty as to jority of Senators, hopefully 25 or more of Defense and the Chairman of the when, collectively, those milestones from each side, to come forward and Joint Chiefs to current and former Na- will constitute a system to replace ac- state that they firmly believe the final tional Laboratory Directors and career tual testing. The estimates vary from consideration of this treaty should be professionals in the field of nuclear 5, 6, 7 years, perhaps out to 20. laid at a time beyond the current Con- weapons. We also received letters from Yet we are being asked to ratify a gress and that final vote should not many public officeholders, former Sec- treaty affirming that we shall never take place until the convening of the retaries of Defense, State, Secretaries again, in perpetuity, actually test any 107th Congress. The Senate at that of Energy, Chairmen of the Joints of our nuclear weapons. We have time would review the entirety of the Chiefs, Directors of Central Intel- learned the CTBT will do nothing—not record. A new President will be in of- ligence, and former lab Directors on a single thing—to stop proliferation by fice, and the combination of a new the merits and the pitfalls of the CTB rogue nations and terrorists. Iraq and President and his perspective, the Sen- Treaty. Other public officeholders Iran will sit back and laugh. Right ate constituted, as it will be in the came forward in favor, but there is a now, Iraq is defying the world over 107th, and that point in time is the strong division. similar arms control agreements, simi- critical moment for this Senate to de- I don’t think anyone, the President lar U.N. sanctions, and the United Na- termine the merits and demerits of this or, indeed, the Senate, could have fore- tions is entangled in what appears to treaty to the extent that, through res- seen the outpouring of conscientious be a hopeless debate over how to re- ervations and other means, changes opinion, opinions directed solely in the solve the need to continue to monitor could be brought about and then, if it best interests of this country, not poli- Saddam Hussein’s program of weapons is the desire of the majority of the Sen- tics, by these former officials. They are of mass destruction. A clear example of ate, to move towards a vote. in the RECORD for all to see. These are how the most well-intentioned inter- That, to me, is a reasonable course of people with decades of experience in national agreements have failed is action. Next year constitutional elec- national security. Their statements re- right there, today. tions of the United States take place. flect honest disagreements, disagree- Rogue nations can easily develop and We all are very familiar with the dy- ments primarily with the stance taken field, with a high degree of confidence, namics of that critical period in Amer- by the President and senior members of a single stage device—a ‘‘dirty old ican history, particularly in the his administration. bomb,’’ as they refer to it—without any months preceding the election. Should In my view, the body of facts that testing. Ironically, the first weapon this treaty be subjected to the rifts of the Armed Services Committee has ac- dropped by the United States was never the dynamics of an election year, given cumulated over the past several days tested with an actual test. its importance to our national secu- clearly puts the arguments of many of Many of my colleagues, again, hon- rity? Clearly in this Senator’s mind, I the administration officials in serious estly disagree on the conclusions, say no. My distinguished colleague question. We have learned we do not pointing out that reasonable people from New York has joined me in the have the full confidence in the United can examine the same body of facts and same conclusion. This country has ex- States’ technical capability to verify reach different conclusions. That is my ercised a leadership role in arms con- this treaty to the zero-yield threshold grave concern. We should not be ratify- trol for 40 years. Indeed, this treaty that President Clinton unilaterally im- ing a treaty as long as reasonable has—not in my judgment in its present posed, more or less, on this country. doubt to that degree exists as to form—in the minds of others a poten- And other countries can conduct mili- whether the treaty is in the national tial to be another milestone in our tary-significant live bomb tests at lev- security interest of the United States. progress towards arms control and the els below our detection capability. The stakes are far too high.

VerDate Mar 15 2010 21:55 Nov 01, 2013 Jkt 081600 PO 00000 Frm 00006 Fmt 0624 Sfmt 0634 E:\1999SENATE\S12OC9.REC S12OC9 mmaher on DSKCGSP4G1 with SOCIALSECURITY October 12, 1999 CONGRESSIONAL RECORD — SENATE S12335 The Armed Services Committee credibility is ever called into question that rest in missile tubes literally sev- began its hearings with a closed hear- by our inability to ensure the safety eral feet away from the bunks of our ing, where we heard from career profes- and reliability of nuclear weapons—a submarine crews, that are regularly sionals and experts with decades of ex- vital segment of our military capa- moved across roads and airfields perience, from the Department of En- bility—then we have done our Nation a around the world. How can we take any ergy, the National Laboratories, and great disservice. The stakes for this de- action which in any way jeopardizes or the Intelligence Committee. Their tes- bate are very high. calls into question the safety of these timony focused on recent facts—facts For 50 years, our nuclear umbrella— weapons? As Dr. Bob Barker, former that were not fully known at the time the deterrent provided by the U.S. nu- Assistant to the Secretary of Defense this treaty was signed by the President clear arsenal—has kept peace in Eu- for Atomic Energy, told the Armed some 2 years ago. Their assessment is rope. Unquestionably, the threats in Services Committee on Thursday, ‘‘to they would have to go back and reex- Europe following World War II were de- leave in place weapons that are not as amine a lot of facts to determine the terred by this capability. Yet it is that safe as they could be is unconscion- viability, or lack of viability, of the ca- very deterrent that could be jeopard- able.’’ pability of this Nation to monitor low- ized by this treaty. Dr. Schlesinger History tells us that weapons be- level tests. stated it clearly when he asked, ‘‘Do lieved to be reliable and thoroughly Much of that information we learned we want a world that lacks confidence tested, nevertheless, develop problems was developed over the last 18 months. in the U.S. deterrent or not?’’ which, in the past were only discov- Therefore, those facts were not avail- I hope all Members will take the ered, and could only be fixed, through able to the Congress or the President time to examine carefully the body of nuclear testing. As President Bush when the CTBT was signed in 1996. The facts that the Armed Services Com- noted in a report to Congress in Janu- information presented to the Armed mittee and, indeed, the Foreign Rela- ary 1993: ‘‘Of all U.S. nuclear weapons Services Committee on Tuesday is tions Committee have accumulated designs fielded since 1958, approxi- highly classified and, of course, cannot and recorded for Senators. mately one-third have required nuclear be discussed in open session. But one Simply put, the CTBT, at this time, testing to resolve problems arising fact is very relevant. Because of dis- jeopardizes our ability to maintain the after deployment.’’ In three-quarters of turbing new information, the Intel- safety and reliability of our nuclear ar- these cases, the problems were identi- ligence Committee—on its own initia- senal—perhaps not right away but al- fied and assessed only as a result of nu- tive—decided to revisit and update the most certainly over the long run. Ac- clear testing, and could be fixed only 1997 NIE, national intelligence esti- cording to Dr. James Robinson, Direc- through testing. Let me emphasize, mate, on the U.S. ability to monitor tor of Sandia National Laboratory: ‘‘To most of these problems were related to the CTBT. I have been informed, as forego testing is to live with uncer- safety. The Clinton administration has pro- have other members of the committee, tainty.’’ posed remanufacturing aging weapons that it will take until next year to Much has been said about what other Presidents have done. They have all ex- rather than designing and building new complete that work. That is a clear, ones. The problem is that we simply credible basis for not moving forward amined the possibility of entering into some type of international treaty. But don’t know if this new approach is pos- today or tomorrow on a vote. sible. Almost every weapons designer I advised Secretary Cohen and Gen- no previous President has ever opposed we have heard from over the past 3 eral Shelton on the following day, a test ban of zero yield and unlimited years has raised concerns with any at- Wednesday morning, when they testi- duration. President Eisenhower in- tempts to change components, such as fied before the Armed Services Com- sisted that nuclear tests of less than plutonium and high explosives, in the mittee that they had the opportunity 4.75 kilotons be permitted and, in fact, heart of the weapon. Many of the mate- continued low-yield testing through his to make their case for this treaty be- rials and methods used in producing administration’s test ban moratorium. fore the elected representatives of the the original weapons are no longer President Kennedy terminated a 3-year American people, and that they did. I available. To assure that the remanu- moratorium on testing when the ad- believe the burden is on the adminis- factured weapons work as intended tration to prove—maybe beyond a rea- verse consequences of the moratorium most agree the new weapons would sonable doubt—that ratification of this were realized, and he declared that have to be validated through under- treaty is in the national security inter- ‘‘never again’’ would the United States ground nuclear testing. est of our Nation. They simply did not make such a mistake. President Ken- Every system will become obsolete at make that case. And I say that with all nedy then embarked on the most ag- some point in time—if for no other rea- due respect to my good friend and gressive series of nuclear tests in the son, for deterioration due to aging. former colleague, Secretary Cohen. history of the U.S. nuclear weapons CTBT will not allow us to replace We are being asked to give up—per- program. President Carter also opposed aging or unsafe systems in the future. manently—our tried and true, proven a zero-yield test ban while in office. Supporters of the treaty, argue that ability to maintain the safety and reli- To have an effective nuclear deter- if a problem with the stockpile is iden- ability of our nuclear stockpile and to rent, we must have confidence in the tified, the President can always exer- rely instead on a computer simulation safety and reliability of our nuclear cise ‘‘Safeguard F’’ and withdraw from and modeling capability that will not weapons. These weapons are the most the treaty and test. The military lead- be fully developed or proven for many sophisticated designs in the world. It is ers and the three lab directors have all years—if at all. We are being asked a certainty that, over time, these arse- conditioned their support for CTBT on today to put at some degree of risk our nals, high explosives, and electronic the guarantee that the President would nuclear deterrent capability, in ex- components contained in these weap- exercise ‘‘Safeguard F’’ and withdraw change for the promise that we may ons will experience some level of dete- from the treaty if a problem develops have a way to adequately certify that rioration. That is simple science. The with our nuclear stockpile. But how re- capability at some uncertain future nature of our nuclear weapons program alistic is that? It is highly unlikely date. The question before the Senate is, over the past five decades provides lit- that this safeguard would ever be used Can we afford to take such a gamble? tle practical experience in predicting by the United States to withdraw from This Senator believes the answer is no. the effects of these changes. the treaty even if serious problems For more than 50 years, one of the What do we say to our sailors, sol- should occur in the stockpile. Has the top national security priorities of diers, airmen, and marines who live United States ever withdrawn from a every American President has been to and work in close proximity with these treaty? We are struggling today under maintain a credible nuclear arsenal nuclear weapons? What do we say to the weight of the ABM Treaty which and deterrent to aggression against the people of our Nation, and indeed was signed in 1972 with a nation that ourselves and our allies, and it has nations around the world, who live in no longer exists: withdrawing from the worked. The credibility of the United the vicinity of our nuclear weapons? treaty is simply without precedent. States in the world is a direct reflec- These are weapons that are stored in And what would the international tion of our military capability. If that various locations around the world, ramifications be of such a withdrawal

VerDate Mar 15 2010 21:55 Nov 01, 2013 Jkt 081600 PO 00000 Frm 00007 Fmt 0624 Sfmt 0634 E:\1999SENATE\S12OC9.REC S12OC9 mmaher on DSKCGSP4G1 with SOCIALSECURITY S12336 CONGRESSIONAL RECORD — SENATE October 12, 1999 from the treaty? Wouldn’t it be worse of non-strategic nuclear weapons. any of the benefits that have been iden- to withdraw years down the road, after Would we be able to detect tests of tified. other nations have presumably fol- such tactical weapons? The develop- Mr. President, I shall reengage in lowed our lead, than to simply not rat- ment of any nuclear weapon, regardless this debate as the day progresses. I will ify in the first place? of its yield, is militarily significant to pursue with Senator MOYNIHAN the In addition, the notion of being able this Senator. final presentation of our Dear Col- to test quickly in an emergency is un- Further, countries that want to league letter in the hopes that a num- realistic. Even if the United States evade detection can do so by masking ber of Senators will see the wisdom in should decide to withdraw from CTBT, or muffling tests in mines, under- giving the leadership of the Senate the the lab directors report that it would ground cavities, salt domes, or other support they deserve should a decision take at least 2 to 3 years of preparation geological formations. I am convinced be made not to go forward today. That before a test could be conducted, and that the United States and the inter- decision should embrace very clearly our testing infrastructure continues to national community cannot now, and that it would be in the Senate’s inter- deteriorate. By withdrawing, the will not in the foreseeable future, be est, in the Nation’s interest, and our United States would be announcing to able to detect such cheating or testing security interest to revisit this treaty the world that we have such a serious below a certain level. in terms of a final vote in the balance problem with our nuclear deterrent Proponents of the CTBT argue that of this Congress. that we have lost confidence in the re- the International Monitoring System I yield the floor. liability of our nuclear stockpile, and established under the treaty will put in The PRESIDING OFFICER. The Sen- that we must initiate a program to re- place capabilities exceeding those that ator from Wisconsin is recognized. pair or replace the weapon or weapons the United States and its allies can Mr. FEINGOLD. I thank the Chair. and conduct tests to confirm the re- field today. These monitoring sites will Mr. President, I rise today in strong sults. Such an action would be highly be owned and operated by the host support of Senate advice and consent destabilizing. countries, which I believe calls into se- to the ratification of the Comprehen- Proponents of the CTBT have as- rious question the reliability of the in- sive Nuclear Test Ban Treaty. serted that the treaty will have no ad- formation collected and, thus, its value As a member of the Senate Com- verse impacts on U.S. national secu- to our ability to detect a nuclear test. rity, that we will be able to confidently Proponents of CTBT also argue that mittee on Foreign Relations, I have ad- maintain and modernize U.S. strategic although the treaty may not be vocated for consideration of this treaty and theater nuclear forces to the ex- verifiable through detection methods, since President Clinton submitted it to tent necessary without ever conducting the on-site inspections make the CTBT this body for advice and consent on another nuclear explosive test. In fact, verifiable. I disagree. The treaty re- September 22, 1997. Now, more than 2 the CTBT will force the United States quires an affirmative vote of 30 of 51 years later, this important treaty is to forgo any number of important ini- members of the Executive Council to being considered on the Senate floor. tiatives that may be required to ensure initiate an inspection. The likelihood While I am pleased that we are having the long-term viability and safety of of obtaining that number, which could this debate, I am concerned about the our strategic and theater nuclear de- include such countries as Iran and manner in which we reached this point. terrent forces. North Korea, is remote, if not impos- I regret that the Foreign Relations The CTBT will lock the United sible. Further, the United States would Committee, of which I am a member, States into retention of a nuclear arse- have to present a case to the Executive had only one day of hearings on this nal that was designed at the height of Council which would most likely com- important arms control agreement and the cold war. Many of the nuclear sys- promise sensitive U.S. intelligence that the committee did not consider tems that we developed to deter the sources and methods. The timelines and mark up a resolution of ratifica- Soviet Union are simply not suited to imposed by the treaty for on-site in- tion. the subtle, and perhaps more difficult, spections permit considerable coverup I am concerned that this debate is task of deterring rogue states from and deterioration of evidence. In addi- too limited in duration and scope. This using nuclear, chemical, or biological tion, there is no guarantee that Ameri- is obviously serious business. And I weapons. Such deterrence will require cans will be on the inspection teams. In hope that the manner in which this the United States to possess nuclear fact, any state is explicitly permitted treaty was brought to the floor does weapons that pose a credible threat to to block inspectors from countries it not doom it to failure. This treaty targets such as rogue state biological does not like. The treaty gives the in- should be fully debated on its merits. weapon production facilities that may spected state the final say in any dis- And this body should have the oppor- be located deep underground in hard- pute with inspectors. tunity to offer any statements, dec- ened shelters. At the same time, for Finally, ambiguities in the CTBT larations, understandings, or condi- such weapons to be credible deterrents, may allow other nations to legally cir- tions that we deem necessary. But this they must not threaten to create sig- cumvent the clear intent of the treaty. treaty should not be defeated simply nificant collateral damage or radio- The treaty does not define what con- because the Senate has backed itself active fallout. Such weapons do not stitutes a nuclear test. However, Presi- into a corner in which the choice is to exist today in the U.S. arsenal. dent Clinton has said that the United vote up or down now without the op- I am also concerned that this trea- States will interpret nuclear test to tion to postpone this important vote in ty’s zero yield test ban is not mean any nuclear explosion, thus all favor of further consideration. Some of verifiable. It is difficult, if not impos- tests are banned unless they are zero- our colleagues have expressed their de- sible, to detect tests below a certain yield. However, if other signatory na- sire for further consideration. But they level. And testing at yields below de- tions interpret a less restrictive defini- have said that if they are forced to tection may allow countries, such as tion, they could conduct very low-yield vote today, they will oppose this trea- Russia, to develop new classes of low- tests and argue that they are not vio- ty—not necessarily because they do yield, tactical nuclear weapons. This lating the language of the treaty. not support the treaty, but rather be- possibility makes recent statements by I am concerned that while the United cause they feel they cannot yet fully senior Russian officials claiming that States would adhere to the CTBT, support it without further study. they are now developing tactical nu- thereby losing confidence over time in I think putting Senators in this posi- clear weapons especially troubling. For our nuclear deterrent, other countries tion is an irresponsible course of ac- example, this August, the Russian Dep- would capitalize upon U.S. deficiencies tion. uty Minister for Atomic Energy, Lev and vulnerabilities created by the As my colleagues know, I support Ryabev, stated that a key Russian ob- CTBT and violate the treaty, by escap- this treaty. And I will vote in favor of jective was the development of a tac- ing detection and building new weap- it today should it come to that. But I tical nuclear system. This April, Presi- ons. hope we will consider the consequences dent Yeltsin reportedly approved a I believe the risk the CTBT poses to of defeating this treaty, not on its mer- blueprint for the development and use U.S. national security by far outweighs its, but because of the political box in

VerDate Mar 15 2010 21:55 Nov 01, 2013 Jkt 081600 PO 00000 Frm 00008 Fmt 0624 Sfmt 0634 E:\1999SENATE\S12OC9.REC S12OC9 mmaher on DSKCGSP4G1 with SOCIALSECURITY October 12, 1999 CONGRESSIONAL RECORD — SENATE S12337 which we find ourselves. This treaty will both stop the nuclear arms race in the provisions and are subject to a must not fall victim to politics. The its tracks and maintain our option to verification regime that otherwise consequences of its defeat will be felt withdraw from its provisions if our na- would not exist. The CTBT says that if from Moscow to New Delhi to Beijing tional security is threatened. one party to the treaty has evidence to Baghdad. And this body, the great- I hope that will be our paramount that a test has occurred, that party can est deliberative body in the world, consideration in the coming hours as request an onsite inspection. This in- would be sending the message that we we decide whether to put this treaty up spection will occur if 30 of the 51 mem- did not want to spend more time on for a vote today or tomorrow. bers of the CTBT’s Executive Council one of the most important issues facing Mr. President, as many of my col- agree that the evidence warrants such the world today. leagues have noted throughout this de- an inspection. This type of onsite in- We do live in dangerous times, Mr. bate, there are many reasons why the spection cannot occur outside the President. Weapons capable of mass de- United States should become a party to CTBT regime, Mr. President. And this struction have replaced more conven- this important treaty. I will address inspection will allow the parties to the tional weapons in our world. New three of them here. treaty to obtain information that can- threats continue to emerge. But we First, this treaty will allow the not be obtained outside the treaty re- have the power to stem the tide of nu- United States to maintain our strong gime. clear proliferation. Perhaps we cannot nuclear deterrent. This treaty does not No one here will claim that any trea- stop it completely. But we can make require the parties to dismantle their ty is 100 percent verifiable or that some sure that the nuclear arms race is existing nuclear stockpiles. It does not countries may try to cheat. But the stopped in its tracks and we can make prevent them from maintaining those Pentagon has said that this treaty is it extremely difficult for those with stockpiles through scientific means. effectively verifiable. And that is the nuclear aspirations to develop a weap- Rather, this treaty prohibits further key. The International Monitoring on in which they can have high con- nuclear testing. The United States has System created by this treaty includes fidence. not conducted any nuclear tests for 7 230 data gathering stations around the And we should do everything in our years, and the administration has tes- world in addition to those already op- power to make the world safer for fu- tified that we have no intention of per- erating in the United States. Last ture generations. And if that includes forming any further tests. The Depart- week, Secretary of Defense William delaying the vote on this treaty, then ments of Defense and Energy already Cohen told the Senate Armed Services we should swallow our political pride have a substantial database of informa- Committee that ‘‘the information col- and do that. tion on the more than 1,000 nuclear lected by these sensor stations would As a number of my colleagues have tests that we have already performed. not normally be available to the U.S. already said, both in committee and on And this information has been the intelligence community.’’ In addition this floor, the idea of a nuclear test basis for the development of the Stock- to this enhanced capability, the United ban dates back to the Eisenhower ad- pile Stewardship Program, which the States is also permitted, under the pro- ministration. For more than 40 years, high-ranking administration officials visions of the treaty and in accordance Presidents of both parties have advo- have testified is an effective mecha- with international law, to use our own cated for such a treaty. nism for maintaining the safety and re- national technical means to detect nu- In a speech delivered on June 10, 1963, liability of our nuclear arsenal. clear tests. President John F. Kennedy discussed Second, this treaty will help to cre- Mr. President, some people say that, his support for the negotiation of a ate a worldwide nuclear status quo. because the United States has already comprehensive test ban treaty. He Parties to the CTBT will be unable to made the decision not to do any fur- said—and I quote: conduct nuclear explosive tests to im- ther nuclear testing—and indeed that The conclusion of such a treaty, so near prove their existing weapons or develop we have not tested in seven years—that and yet so far, would check the spiraling stronger ones. This means that the nu- this treaty is unnecessary. They claim arms race in one of its most dangerous areas. clear arms race will be literally frozen that the CTBT merely reinforces what It would place the nuclear powers in a posi- where it is. This is beneficial to the we have already done and that there is tion to deal more effectively with one of the United States for several reasons. It no real benefit to our ratification. In greatest hazards which man faces in 1963, the will allow us to maintain our nuclear further spread of nuclear arms. It would in- fact, as many of my colleagues have al- crease our security—it would decrease the superiority. It will protect us from the ready addressed during this debate, and prospects of war. Surely this goal is suffi- threat of stronger weapons in the fu- as I have already noted, there are ciently important to require our steady pur- ture. And, in fact, it ensures that we many benefits to this treaty. We retain suit, yielding neither to the temptation to will have the dubious distinction of our leadership in the arms control give up the whole effort nor the temptation having won the nuclear arms race. arena. We maintain our nuclear superi- to give up our insistence on vital and respon- The third point in favor of this trea- ority. And, importantly, we gain the sible safeguards. ty I will make is this: the CTBT is ef- ability to request and participate in Mr. President, those words are as rel- fectively verifiable. Some have argued onsite inspections of suspected nuclear evant today as they were when Presi- that this treaty is not verifiable. It testing abroad. And, if the President is dent Kennedy spoke them 36 years ago. seems that argument echoes in these unable to certify that our nuclear arse- Nuclear weapons are still one of the halls every time we debate an arms nal is sound, we have the option to greatest hazards on the planet. And control treaty. But, again, that argu- withdraw from the treaty. they have been joined by chemical, bio- ment rings hollow. Verification is a Mr. President, in urging my col- logical, and other weapons of mass de- tricky thing. All treaties, including leagues to support this important trea- struction. President Kennedy spoke arms control treaties, are largely based ty, I will again quote President Ken- from the perspective of the cold war on good faith among the parties to nedy: and the still escalating arms race with them. Good faith in the sense that the The United States, as the world knows, the Soviet Union. Now, in 1999, the cold parties who have ratified the treaty will never start a war. We do not want a war. war is over and the Soviet Union is no have promised to comply with the trea- We do not now expect a war. This generation more. But we are on the brink of an- ty’s provisions. Collectively, the par- of Americans has already had enough—more other nuclear arms race, this time in ties have agreed to a set of provisions, than enough—of war and hate and oppres- south Asia. India and Pakistan are in the case of the CTBT to not perform sion. We shall be prepared if others wish it. watching, Mr. President. And we have nuclear tests. Alone, a country can de- We shall be alert to try to stop it. But we shall also do our part to build a world of the opportunity to end their nuclear cide to no longer perform nuclear peace where the weak are safe and the strong aspirations once and for all. Or to give tests—as the United States has already are just. We are not helpless before that task them the cover they need to continue done—but no other nation knows for or hopeless of its success. Confident and testing. sure if that country is living up to its unafraid, we labor on—not toward a strategy We have the opportunity today at promise. of nuclear annihilation but toward a strat- long last to become a party to a com- Under a multilateral treaty such as egy of peace. prehensive nuclear test ban treaty that the CTBT, all parties have agreed to Thank you, Mr. President.

VerDate Mar 15 2010 21:55 Nov 01, 2013 Jkt 081600 PO 00000 Frm 00009 Fmt 0624 Sfmt 0634 E:\1999SENATE\S12OC9.REC S12OC9 mmaher on DSKCGSP4G1 with SOCIALSECURITY S12338 CONGRESSIONAL RECORD — SENATE October 12, 1999 Mr. President, I yield the floor. arms control agreements to enable trary, rejecting this treaty will help The PRESIDING OFFICER. Who them to make the point to their coun- establish that we demand real arms yields time? terparts that the United States is seri- control—not the show, not the empty Mr. WARNER. Mr. President, I yield ous about treaties at least achieving symbols, not the flimflam treaties that to the Senator from Arizona such time minimal standards; we consider these cannot accomplish their purposes. In as he may consume. to be the kinds of minimal standards rejecting the CTBT, we will be asking The PRESIDING OFFICER. The Sen- that are necessary to bind the Amer- the world to join in real ator from Arizona. ican people; and those negotiators antiproliferation measures, such as en- Mr. KYL. Thank you, Mr. President. would know that Senate ratification forcement of the nonproliferation trea- Mr. President, a number of us have would not occur unless the terms were ty which Russia, China, and North concluded that we cannot support rati- as proposed by the United States. Korea violate every time they spread fication of the CTBT, that it will be de- As I said, no other President ever nuclear weapons technology. feated. But some have urged that we supported a zero-yield treaty, let alone I quote again from Senator LUGAR: put the vote off out of concern that re- one that would bind the United States If a country breaks the international norm jection would send an undesirable mes- forever, and neither should the Senate. embodied in the CTBT, the country has al- sage to the world. If we proceed today to reject the ready broken the norm associated with the I believe, however, that we should CTBT, future U.S. negotiators will be nonproliferation treaty. vote precisely because the world would more inclined to seek the Senate’s ad- Mr. President, that is because 185- get a desirable message that the Sen- vice before the deal is finalized and the some nations have agreed not to pos- ate took a stand that treaties such as administration demands our consent. sess these nuclear weapons, except for this must meet at least minimum This will serve the U.S. national inter- the nuclear powers. The testing is sim- standards for sensible arms control. ests in various ways. ply a redundant violation of the posses- The CTBT fails that test. It is a sloppy, First, the Senate was never intended sion in the first place, which is already altogether substandard piece of work, to be a rubber stamp, approving any a violation of the NPT. So this treaty and it deserves rejection. ill-advised treaty negotiated by an ad- won’t accomplish its minimal objec- Our colleague, DICK LUGAR, opposes ministration. Our constitutional duty tive. the CTBT ratification, as he has ex- in treaty-making is to perform the Second, enforcement of the United plained, because he does not believe equivalent of quality control. Under States resolutions requiring inspection the treaty is of the same caliber as the Constitution, the Senate’s role is of of Iraq: It would be very helpful if our arms control agreements that have equal stature with the President’s. We allies would help in this very meaning- come before the Senate in recent dec- in the Senate are entitled—indeed, we ful and important activity rather than ades. He cites two of the CTBT’s many are obliged—to second guess the Presi- undercutting the United States at deficiencies: ‘‘an ineffective verifi- dent’s national interest calculations every turn. cation regime and a practically non- regarding treaties. Again, Senator LUGAR hit the point existent enforcement process.’’ There would inevitably be complaints squarely: Contrary to what treaty supporters from abroad, including from friends, if The CTBT verification regime seems to be have argued, the CTBT’s rejection we upset the CTBT apple cart. But that the embodiment of everything the United would strengthen the hands of U.S. dip- unpleasantness would be minor and States is fighting against in the UNSCOM in- lomats on such matters in future nego- transitory, especially in light of the spection process in Iraq . . . [which is] best tiations. When they insist on more ef- permanent harm the CTBT would do to not repeated under the CTBT. fective provisions, citing the need to our national security. The embarrass- Third, perhaps we could get their satisfy a rigorous U.S. Senate, their ment of the President for buying into support in our efforts to free U.S. pol- warnings would become credible and such a flawed treaty in the first place icy from the dead hand of the ABM influential. Such warnings would help is not desirable, but the Senate cannot Treaty and to deploy missile defenses. free the United States from having to avert it at any price. These are real, meaningful actions go along with wrong-headed treaty Consider again Senator LUGAR’s against the proliferation of weapons of terms dictated by countries that lack words: mass destruction rather than empty U.S. responsibilities around the world. [The CTBT] is problematic because it symbolic gestures. I note that as a good example of our would exacerbate risks and uncertainties re- In asking the Senate to postpone the negotiators changing their position lated to the safety of our nuclear stockpile. vote on this treaty until he has the from that originally supported by the Those are the stakes, and they are votes, the President is asking, first, to administration to go directly to the serious. That crucial observation spare him personal embarrassment; heart of key objections to this par- should put into perspective the issue of and, second, to give him a chance to ticular treaty. As you know, no Presi- likely complaints from foreign foes and bind the United States to a treaty that dent had ever sought a zero-yield test friends. most do not think should ever go into ban treaty in perpetuity. In this case, The Senate must fulfill its constitu- force. The CTBT will not improve with the Joint Chiefs of Staff argued that tional duty to ensure that treaties age. we should not have such a treaty. meet at least minimum standards. We Most Senators would have been con- The original position of the adminis- do the Presidency no favors by shirk- tent never to have voted on the treaty. tration in the negotiations was to ing, and we do the Senate and the Na- But the President has now denied the grant the United States an option tion harm if we accede to the Presi- Senate that option. He will not agree without having to invoke the supreme dent’s diplomatic recklessness simply to forbear demanding consideration of national interest clause to retire from to spare him the chore of mollifying the treaty next year when he hopes to the treaty after 10 years and not to in- the other states that forged the flawed have the votes to pass it. Republicans sist upon a zero-yield but, rather, to treaty. have not politicized this debate, but it permit low-yield, what are called A query to my colleagues who are in- is clear that unless we defeat this trea- hydronuclear tests. Over time, our ne- terested in delaying this vote to avoid ty now, it will be a political issue next gotiators’ position was undercut, and the embarrassment of rejecting a trea- year when allegedly changed cir- in the end, according to the very people ty negotiated by the administration: cumstances—created, for example, by a who negotiated the treaty, in order to Will the Senate defer to the President new test by India or Pakistan—will reach an agreement with other coun- on the Kyoto Global Warming Treaty give the President the pretext to revive tries, the United States conceded on or the ABM multilateralization or de- the debate. those and other important points. marcation treaties? It has become clear that the assur- Those are two of the critical defi- Some administration spokesmen ances we may now get from the Presi- ciencies in this treaty. have used the offensive argument that dent and our Democratic colleagues By rejecting the treaty now, the Sen- Senate rejection of the CTBT would be will not be the ironclad commitments ate would strengthen the hands of our a message to the world that we are not we recently agreed were necessary to future diplomats who negotiate these serious about arms control. To the con- induce the Senate to defer this vote.

VerDate Mar 15 2010 21:55 Nov 01, 2013 Jkt 081600 PO 00000 Frm 00010 Fmt 0624 Sfmt 0634 E:\1999SENATE\S12OC9.REC S12OC9 mmaher on DSKCGSP4G1 with SOCIALSECURITY October 12, 1999 CONGRESSIONAL RECORD — SENATE S12339 Therefore, to avoid the President po- year are easily overtaken or are willing States of America to its knees. It liticizing the issue next year, we to cooperate. would not take the kind of total attack should vote now. Let’s pick one city to illustrate the we once feared from the Soviet Union Sometimes it is necessary to say or damage. I, again, call to my colleagues’ to bring America from being the most do the right thing and just let the attention that this kind of game play- powerful economic and military force chips fall where they may. Ronald ing, this kind of example was quite on the Earth to being somewhat short Reagan knew he would ruffle lots of common as recently as 10 years ago. of No. 1, not only putting us at increas- foreign feathers—including some of our But today, when you ask what kind of ing risk but putting the rest of the respected allies—when he called the damage could occur as a result of a sin- world at risk as well. Soviet Union an evil empire and when gle nuclear blast, you are apt to have CTBT is by no means the only thing he stood his ground against Gorbachev people scratching their heads, won- we must do in order to reduce the risk in Reykjavik in favor of strategic de- dering what could happen. So let me of proliferation. I would like to go fense. These messages he sent were take Chicago as an example. through a few ideas prior to talking criticized by many as disruptive. They First of all, unlike many of the other about both our capacity to verify and were sound. They served our national threats in the world, if a rocket left the confidence I have that we can interests and the interests of decent Russia, it would arrive in Chicago maintain our stockpile without the people around the world, and history within an hour, probably taking a tra- need to test. has judged them favorably. jectory over the top of the world across First, we have to maintain our intel- The Senate now has a chance to dem- the Arctic pole. It would detonate in ligence capabilities: our ability to col- onstrate strength and the good sense Chicago within an hour, and on a bad lect intelligence, to process, to dis- worthy of Ronald Reagan. If we do it, day it would hit a target within a few seminate, to deliver that intelligence we will be flouting much conventional hundred yards off Lake Michigan. to warfighters is far and away the best thinking, but we will, in fact, enhance We spent a great deal of time assess- in the world. Talk to our allies in our Nation’s diplomatic strength, pro- ing the danger of the nation of China. Kosovo, in Bosnia, in Desert Storm; tecting our national security and vin- Their missiles are not connected to talk to any of those whose lives were dicating the wisdom of America’s their warheads. Their warheads are dis- at risk and were allied with the United founding fathers who assigned to the connected; they are not together. It States of America in a military effort Senate the duty to protect the country would take them several days and they and they will tell you our intelligence from ill-conceived international obliga- are not targeted with the accuracy and collection and dissemination capability tions. would not arrive with the same swift- gave us the capacity to do the impos- Let the Senate vote to reject the ness as an unauthorized or accidental sible. CTBT. launch coming from Russia. Our intelligence agencies, from time The PRESIDING OFFICER (Mr. The first effect of the blast would be to time, make very highly publicized CRAPO). The Senator from Nebraska. the nuclear flash. The air would be mistakes. Unfortunately, the publicity Mr. KERREY. Mr. President, in the heated to 10 million degrees Celsius. given to those mistakes gives some a waning days of his administration, The blast would move out at a few hun- lack of confidence in our capability of President Eisenhower proposed a test dred kilometers a second and its heat doing our mission. That lack of con- ban treaty to end all nuclear tests in would be sufficient to set fire to any- fidence is misplaced. We are an open the atmosphere, in the oceans, and thing combustible at a distance of 14 society. As a consequence, we tend— under the ground. Nearly four decades kilometers. People within 80 kilo- correctly so—to examine the things we later, the Senate stands on the verge of meters would be blinded. The blast ef- do when we make mistakes. Unfortu- a vote on ratification of the Com- fect would follow. It would travel out nately, at times it produces a situation prehensive Test Ban Treaty. I will vote from ground zero. Within 3 kilometers, where we are afraid of doing things be- in favor of ratification. I regret the those who had not already been killed cause we are worried we are going to move to postpone a vote because I am would die from this percussive force. make a highly publicized mistake and of the firm conviction this treaty will The details of this kind of a blast therefore that mistake is going to ruin help end the proliferation of nuclear needs to be understood by the Amer- our career or make it difficult for us to weapons and increase the safety of the ican people as this debate goes forward, advance. As a consequence, we some- American people. because the good news of the end of the times are a little too cautious. President Eisenhower proposed the cold war has been replaced with the Americans should not suffer the illu- test ban having recognized the increas- bad news that we are increasingly at sion we currently have the intelligence ing danger posed by nuclear weapons. risk of individuals or nonnation state capacity to know everything that is At that time, the threat was very real. people who choose to do damage to the going on in the world; we simply do The American people had a vivid un- United States of America and do not not. Indeed, we should not. We are not, derstanding of the devastating con- care if they die in the execution of as well, allocating enough resources, in sequences of nuclear weapons. their mission. They are willing to at- my view, to make certain policy- Those of us in our fifties remember tack the United States of America and makers of the future are informed so the threat and the fear that we had as they are willing to take American lives conflicts that might occur can be children—the duck and cover drills, the without regard to the fact that they avoided and so nuclear threats can be constant reminders of the devastation may die in the execution of their mis- confronted before they emerge to be that a single nuclear weapon could sion. challenges. produce to our cities and to our com- A single Russian nuclear weapon The second tool that must be main- munities. In many ways, the problem launched accidentally, or a single nu- tained to confront the emerging nu- we have today comes from our success clear weapon assembled by some rogue clear threat is not only a strong mili- because the fear we once had has been nation and delivered by whatever the tary but an intent to use that military displaced by a false sense of compla- means to the United States of America, to meet any individual or nation state cency, a sense of security that, in my would do more damage than any other that threatens the United States of view, is not justified, given the facts. threat we currently have on the hori- America. Our military is the envy of I would like to illustrate this danger zon. A single Russian submarine that the world. While we must avoid the by a realistic scenario, in my view, was taken over by a similar sort of dis- temptation of using our military forces with a single Russian nuclear weapon. sident faction could launch 64 one-hun- in situations not vital to U.S. inter- It is possible for a small band of dis- dred-kiloton weapons at the United ests, we must also continue to main- contented or terroristic members of ei- States. I do not come here to alarm tain the will to use military force in ther the Russian society or some other anybody about this. I come simply to instances in which our national secu- nation to raid a silo of Russian missiles remind people that nuclear weapons rity is at risk. in the Russian wilderness. Soldiers who are still the only threat that could kill The third tool is national missile de- are poorly trained, sparsely equipped, every single American. It would not fense. I support the creation of a lim- and irate at not having been paid in a take thousands to bring the United ited national missile defense designed

VerDate Mar 15 2010 21:55 Nov 01, 2013 Jkt 081600 PO 00000 Frm 00011 Fmt 0624 Sfmt 0634 E:\1999SENATE\S12OC9.REC S12OC9 mmaher on DSKCGSP4G1 with SOCIALSECURITY S12340 CONGRESSIONAL RECORD — SENATE October 12, 1999 to protect the United States of Amer- nation. With this treaty, it is far more their confidence to say the treaty ica from rogue state ballistic missile likely the Security Council will sup- should be ratified because it is in our launches and accidental launches. port multilateral sanctions that will national interest to do so. While the success of the recent test of enable us to get the desired effect with- I will briefly describe how we will a prototype missile defense system out us having to suffer adverse con- know what is happening when someone demonstrates that limited national sequences as a consequence of unilat- tries to cheat. I will use all caution to missile defense is possible, we must eral sanctions. make certain I give away nothing that also realize it is not a panacea for the In the post-cold-war era, nuclear will provide our enemies with indica- dangers we will confront. weapons have become the Rolex wrist- tions of what our sources or our meth- The fourth tool in our effort to se- watch of international security, a cost- ods are, but I urge colleagues who cure the post-cold-war peace is further ly purchase whose real purpose is not doubt this to get full briefings on what reductions in the American and Rus- the service it provides but the prestige our collection capability is and what sian nuclear arsenals. I have argued on it confers. Ratification and implemen- we are able to do to determine whether the Senate floor previously the Presi- tation of the CTBT is in our national or not somebody is in violation of this dent should immediately take bold ac- security interest precisely because it treaty. tion to restart the arms control proc- will help slow the expansion of the nu- I will briefly describe, as I said, and ess. If we do not drastically reduce U.S. clear club and make it more difficult because the existence of this highly se- and Russian nuclear arsenals, the dan- for nations to acquire these deadly cretive organization, the National Re- ger of their accidental use or prolifera- weapons. connaissance Office, has finally been tion will increase exponentially. I rec- Opponents of the CTBT focus their declassified—we are able now to admit ognize that deep reductions—while de- criticisms on two main points: that from space, the United States can creasing the chance of unauthorized or verifiability of the treaty and the safe- see you and can gather signals intel- accidental launch—could actually in- ty of our nuclear stockpile. Let me ad- ligence. I urge colleagues to get a full crease the danger of material prolifera- dress each of these issues separately. briefing on what the NRO can do in a tion. Therefore, any such parallel re- First, we can effectively monitor and classified fashion. I believe my col- ductions in our nuclear forces must in- verify CTBT. I purposely say ‘‘effec- leagues fully understand the signifi- clude arrangements and a U.S. commit- tively monitor and verify’’ because ab- cance of what I just said. ment to provide funding to secure and solute verification is neither attain- Every part of the globe is accessible manage the resultant nuclear material. able nor a necessary standard. But it is from space. There you will find sat- This is the fifth tool. We are fortunate the standard that some have attempted ellite reconnaissance either watching we will not begin from scratch on this to establish as a benchmark for ratifi- or collecting electrical signals from problem. We can build on one of the cation. No treaty is absolutely those who would do damage to the greatest acts of the post-cold-war verifiable. United States of America. That is a statesmanship, the Nunn-Lugar Coop- My support for this treaty comes tremendous capability that no one else erative Threat Reduction Program. from my firm conviction that by using can equal. This global accessibility The final piece of the nuclear safety existing assets, the United States can from space is just one feature of a very puzzle is the Comprehensive Test Ban effectively monitor and verify this complicated and complex system of Treaty. I support the CTBT because I treaty. I base my convictions on the collecting and analyzing information. believe it will enhance U.S. national testimony of Gen. John Gordon, Dep- The National Security Agency is a security, reduce nuclear dangers, and uty Director of Central Intelligence, second feature. They exploit foreign keep the American people safe. Let me and on the briefings on this topic re- communications. That is the official explain how. ceived by the Intelligence Committee unclassified description of its mission: First, a fully implemented CTBT will over the years and, most important, NSA exploits foreign communications. all but halt the ability of threshold the performance of those men and Recently, Hollywood has enjoyed mak- states from establishing an effective women who work in a variety of agen- ing a couple of movies showing how and reliable strategic nuclear force. cies whose task it is to collect, to proc- NSA is a threat to our Nation. Nothing The inability of nations such as Iran ess, to evaluate, to analyze, and to dis- could be further from the truth. It is a and North Korea to conduct nuclear seminate intelligence to national cus- Hollywood make-believe story that is tests will make it much less likely for tomers, as well as war fighters who are completely inaccurate and false. NSA them to become nuclear powers. Along defending the people of the United is not a threat to us. If you are an un- the same line, the inability of existing States of America. friendly foreign government wanting to nuclear states to conduct further nu- The United States has the capability cheat on CTBT, NSA is certainly a clear tests will impede, if not stop, to detect any test that can threaten threat to you. their efforts to make technological ad- our nuclear deterrence. The type of To quote from their official unclassi- vances in yields and miniaturization, test that could be conducted without fied agency description: ‘‘They are on advances already achieved by the our knowledge could only be margin- the cutting edge of information tech- United States. ally useful and would not cause a shift nology.’’ They know what is going on Bluntly speaking, we have the most in the existing strategic nuclear bal- in the explosion of information tech- effective and deadly nuclear force in ance. In addition, the United States nology. the world. Therefore, to maintain our has the capability to detect the level of There is a third area beyond NSA, existing nuclear edge, it is in our inter- testing that would be required for an- and that is called MASINT. It is a pret- est to ratify the CTBT and to halt the other country to develop and to ty strange term for most people. It nuclear development advancement of weaponize an advanced thermonuclear means measurement and signatures in- other nations. warhead. telligence, the recognition that in ad- In addition, we all have experienced Our intelligence community is the dition to being seen and being heard, coming to this Chamber to vote on a best in the world. This gives us an objects, especially electronic objects, sanction imposed upon an individual enormous lead over every other signa- have other signatures. Like your per- nation as a consequence of us judging tory. Public disclosures of intelligence sonal signature—if we collect enough correctly that that nation poses a community problems may have shaken information about someone’s signa- threat and, in many cases, a potential confidence in our intelligence capabili- ture, it is not like anything else, it is nuclear threat to the United States of ties, but let me assure my colleagues unique, and we know exactly what it America. that their confidence should not be is, and we are collecting MASINT. We struggle with that vote because shaken. U.S. intelligence has the abil- The Central Intelligence Agency we know a unilateral sanction by the ity to know what is occurring around gives us a fourth important feature. United States of America will often- the world regarding the development of The CIA employs a network of agents times be used by our allies as a means nuclear weapons. It is our intelligence around the world who constantly pro- for them to capture the market share community that largely gives Sec- vide what is called HUMINT, human in- of some product we were selling to that retary Cohen and General Shelton telligence. HUMINT is a term of art

VerDate Mar 15 2010 21:55 Nov 01, 2013 Jkt 081600 PO 00000 Frm 00012 Fmt 0624 Sfmt 0634 E:\1999SENATE\S12OC9.REC S12OC9 mmaher on DSKCGSP4G1 with SOCIALSECURITY October 12, 1999 CONGRESSIONAL RECORD — SENATE S12341 which simply recognizes people tend to makes sense that we use the CTBT to ‘‘Accordingly, I request that you post- talk, and when they do talk, we try to end testing throughout the world. pone consideration of [this] Test Ban have an agent listening. If an agent Reflecting on his time in office, and Treaty on the Senate floor.’’ hears something, it is fed into a fifth his failure to achieve the goal of a nu- Unless there is something incredible and important feature of the agency, clear test ban, President Eisenhower that is likely to happen in the next 8 and that is the CIA Directorate of In- stated: ‘‘Disarmament . . . is a contin- months, the President is not going to telligence. uous imperative. . . . Because this need be—and I realize this is a legitimate The men and women of the CIA DI is so sharp and apparent, I confess I lay worry on the part of some; that the sift through enormous amounts of data down my official responsibilities in President will wait until the middle of every day and separate fact from fic- this field with a definite sense of dis- an election year and raise a political tion, truth from lies. Through their appointment.’’ issue by forcing people to vote for or analysis of all intelligence sources, The Senate now has the opportunity against this treaty—but the likelihood they provide policymakers with crisp to ratify the Comprehensive Test Ban of changing the votes of 22 Republican statements of what our potential ad- Treaty. We should ratify this treaty Senators between now and the election versaries are doing and not doing. If in- because, just as when it was first pro- is zero, I would respectfully suggest. formation is out there to get, we will posed nearly 4 decades ago, it is a posi- So what the President has done here get it. If it is important, we will ana- tive step toward reducing nuclear dan- is done the only thing I think a chief lyze it and understand it. Once we un- gers and improving the safety of the executive—Democrat or Republican— should do; that is, he did just as Jimmy derstand it, policymakers will make American people. Carter did when he asked for SALT II sound decisions if someone decides to I yield the floor. to be taken down. He did not make a cheat on the CTBT. Mr. BIDEN addressed the Chair. I am trying to paint a picture of just The PRESIDING OFFICER. The Sen- commitment he would not try to have how sophisticated our intelligence ator from Delaware. it brought up. That is not what his let- community is. It is a community that Mr. BIDEN. Mr. President, I see my ter said. What he said is: Bring it down. Don’t vote on it now. It is not in the on occasion has been fooled, but it has friend from the great State of Montana national interest. not been fooled often, and it has rarely is up to speak. I ask the chairman of To have a President of the United the—— been fooled for very long. We have a States say, the treaty I, in fact, nego- Mr. SPECTER. Will the Senator from world-class intelligence capability. We tiated—I want to go on record as say- Delaware yield for a question? can count on the intelligence commu- ing you should not consider it at all Mr. BIDEN. Yes, I would be happy to nity to monitor the CTBT and effec- during the remainder of my term in of- yield. tively verify it. fice, surely damages his ability to deal A second argument that has been Mr. SPECTER. Mr. President, the internationally. question that I have for the Senator re- used against the treaty by some is So I think he is observing the reality based upon the suspension of nuclear lates to the letter from President Clin- of the circumstance, which means that testing required by the CTBT and the ton to our distinguished majority lead- there will be no vote next year on the argument that this will jeopardize the er, Senator LOTT, where President floor of the Senate—for if that were the safety and reliability of the U.S. nu- Clinton has asked that the Senate not case, you might as well go ahead and clear weapons stockpile. I have an ex- consider consideration of the Com- have the vote now. tremely high level of confidence in the prehensive Test Ban Treaty. The letter Jimmy Carter sent—and I nuclear stockpile even without contin- I believe it is very much in the na- shall read it—said: ued testing. tional interest that we not vote on the In light of the Soviet invasion of Afghani- The science-based Stockpile Steward- treaty today because it would under- stan, I request that you delay consideration ship Program, on which the United mine national security by sending a of the SALT II Treaty on the Senate floor. States is spending $4.5 billion a year, is message to the world that we are not The purpose of this request is not to with- maintaining our technological edge for this treaty. I think it would encour- draw the Treaty from consideration, but to without the need for further testing for age nations such as India and Paki- defer the debate so that the Congress and I stan, and perhaps rogue nations such as as President can assess Soviet actions and the foreseeable future. This program is intentions, and devote our primary attention based on the most advanced science in Libya, Iraq, and Iran, to test. to the legislative and other measures re- the world. It is based on over 50 years But the first of two questions which quired to respond to the crisis. of nuclear experience. It is based on the I have for the Senator from Delaware is As you know, I continue to share your view results of over 1,000 American nuclear whether the President might go fur- that the SALT II Treaty is in the national tests. It is a program that relies on the ther. The Senator and I attended a din- security interest of the United States and ability and ingenuity of U.S. scientists ner last Tuesday night with the Presi- the entire world, and that it should be taken dent. We both had occasion to talk to up by the Senate as soon as these more ur- to maintain our nuclear edge. But it is gent issues have been addressed. also a program that recognizes the the majority leader and have heard the Sincerely, need to build in adequate safeguards to public pronouncements. The majority JIMMY CARTER. ensure safety and reliability. leader has set a threshold, asking that This letter of the President of the The Stockpile Stewardship Program the President commit in writing that United States—this President—goes a requires a rigorous annual review of he would not ask to have the treaty lot further than President Carter went the entire nuclear stockpile. As a part brought up next year. I believe we have in pulling down SALT II. But for the of this regime, both the Secretary of to find a way to work this out so the President to go beyond that, it seems Defense and the Secretary of Energy treaty is not voted on. to me, is to be beyond what we should must certify to the President on an an- The first question I have of the Sen- be asking any executive. nual basis the stockpile is safe and is ator from Delaware is, What are the re- The Senator from Virginia has reliable. Should either Secretary be alities of getting the President to worked mightily to try to resolve this. unable to offer this certification, the make that request? He has come pretty He has gone so far as to draft a letter President, in consultation with Con- close in this letter. Why not make that which a number of Senators are likely gress, is prepared to exercise the right additional request? to sign, if they have not already of the United States to withdraw from Mr. BIDEN. In response to my friend signed, saying: In addition to the Presi- the treaty and to resume testing. from Pennsylvania, I will say that I, dent asking this be brought down, we The United States has not conducted obviously, cannot speak for the Presi- the undersigned Senators ask that it be a nuclear test for over 7 years, but the dent. But he has gone awfully far. He brought down. And we have no inten- American people should understand our says: ‘‘I believe that proceeding to a tion of bringing that treaty up next nuclear stockpile is safe. Both the safe- vote under these circumstances would year. We do not think the treaty guards and the science exists to con- severely harm the national security of should be brought up in the election tinue to assure its safety well into the the United States, damage our rela- year. future. And since we have made the de- tionship with our allies, and undermine To make the President, from an in- cision we do not need to test, it only our historic leadership,’’ et cetera. stitutional standpoint, guarantee that

VerDate Mar 15 2010 21:55 Nov 01, 2013 Jkt 081600 PO 00000 Frm 00013 Fmt 0624 Sfmt 0634 E:\1999SENATE\S12OC9.REC S12OC9 mmaher on DSKCGSP4G1 with SOCIALSECURITY S12342 CONGRESSIONAL RECORD — SENATE October 12, 1999 he is now against the treaty that he from North Carolina. I am not being other words, the treaty prohibits ratified, it seems to me, is to be going solicitous. That is a statement of fact. meaningful reservations. Consequently, beyond institutional good taste. But it is my understanding that the we are asked to bet on the come that Mr. HELMS. Will the Senator yield? only procedural means by which we the administration can deliver all that Mr. BIDEN. For a question, I would could move from this treaty to other is promises in the safeguards package, be happy to yield. business without a vote would be if not only in the next few years but far Mr. HELMS. I want to ponder a ques- there were a motion to move from the into the future. We are told that the tion to the Chair. Executive Calendar to the legislative Joint Chiefs of Staff support the treaty Mr. BIDEN. Surely. calendar. That would, as I understand with the safeguards and is unable to Mr. HELMS. It was my under- it, require 51 votes. That is the only comment on the merits of the treaty standing—perhaps mistakenly—that thing of which I know. I do not know if without the safeguards. I fully under- we were to go from side to side in our anyone is going to do that. stand the Chain of Command. Our lead- discussions. If that is not the case, I Mr. HELMS. Will the Senator yield? ers also understand the Chain of Com- ask unanimous consent that it be the Mr. BIDEN. I yield the floor to my mand. We do not have to read too much case, when both sides are on the floor friend. between the lines to conclude that seeking the floor. Mr. HELMS. I ask the Parliamen- without the safeguards package, this The PRESIDING OFFICER. The tarian for his views on it now, to get treaty poses unacceptable risks to our Chair will respond. There has been a that settled. national security. unanimous consent request that has The PRESIDING OFFICER. The Par- A total ban on all nuclear testing for been agreed to that to the extent pos- liamentarian advises that the Sen- all time has never been supported by sible that will be done. In this case, the ator’s statement is correct. prior Presidents-and for sound reasons. ranking member sought recognition, Mr. BIDEN. Mr. President, that may This administration’s best sales pitch and no other person sought recogni- be the first time my procedural judg- for a total ban on bangs for all time is tion. ment has ever been ruled to be correct that it is an important step in the di- Mr. HELMS. The Senator has been on on the floor of the Senate. I am very rection of doing away with the threat his feet 20 minutes here. And two Sen- happy the Senator suggested I ask of nuclear war. This is a nice dream ators have taken the floor from him. I that. and a great idea for another planet. want it to be understood I do not want Mr. HELMS. I think the Senator has But on earth it is a downright dan- that to happen again. forgotten many times when he was cor- gerous false hope. The complete ban Mr. BIDEN. Mr. President, it was not rect. treaty has a fatal flaw in the real my intention—I thought the Senator Mr. BIDEN. The Senator is very nice world: the treaty is unenforceable. In from North Carolina, in effect, ac- to say that. Seldom procedurally. I one sentence, the fatal flaw is that vio- knowledged that I should take the yield the floor. lations cannot be verified. question from the Senator from the Mr. HELMS. I ask the distinguished The best intentions humans can con- State of Pennsylvania. I apologize. Senator from Montana, who has been ceive are of no use if the treaty is not Mr. HELMS. I did not think it would awaiting a chance to speak, be recog- implemented not only by us but also by be four questions. nized for such time as he may require. the other nuclear players. And what is Mr. BIDEN. Mr. President, I am not The PRESIDING OFFICER. The Sen- the score? Well Russia and China have propounding the questions. I am just ator from Montana. not ratified this treaty and they are trying to answer the question. I hope I Mr. BURNS. I thank the chairman of unlikely to do so. Even if they did, ei- answered the Senator’s question. the Foreign Relations Committee and ther one could veto any attempts at Mr. SPECTER. I believe I asked one the Chair. enforcement by the U.N. Security question. Mr. BIDEN. Yes. I listened to the exchange. It is very Council. North Korea did not even par- Mr. SPECTER. I had one more. interesting. Why we are in this debate ticipate in the negotiations about the I believe I asked one question. I had was not initiated by this side of the treaty. India and Pakistan have not one more. I would like leave to ask one aisle. This whole process was not initi- signed on to the treaty. The score on more question. ated by this side of the aisle. It was a rogue nations such as Iraq and Libya The question I have for Senator reaction that was initiated by our varies but we have to ask whether they BIDEN is, Is there any other way proce- friends on the other side. That is irrele- could be trusted to keep their commit- durally that this vote can be put off? vant right now. What is relevant is our ments anyway. The administration We are considering the treaty. There is Nation’s security and the merits of this has, once again, gone off and nego- a unanimous consent request, and treaty and how it affects us and our na- tiated a deal that is not acceptable to while I do not agree with what the Sen- tional security. We have but one deter- the Senate. I suppose the White House ator said in his first response—I believe rent for the safety of the people who media spin will again be that the the President can say more without live in this country, and that is our re- United States will suffer a loss of world being against the treaty. And I believe liable nuclear capability. Once it is leadership if the Senate does not buy there are political considerations questioned, then our ability to deter in this pig in a pike treaty. Well maybe which are behind not having the mat- this world of uncertainty would be the negotiators should have thought of ter brought up in fair consideration to damaged. that before they put American’s credi- Senator LOTT’s request there be a com- I rise to record my opposition to Sen- bility on the line. The spinmeisters mitment not to take it up all year. I ate passage of the Comprehensive Test should re-read our Constitution. Trea- think it highly unlikely that there Ban treaty. This treaty bans all nu- ties must be acceptable to two thirds of would be a shift among Republicans on clear testing forever. Thus, it is a ban the Senators. That requirement has a procedural matter to find 51 votes—50 on ‘‘bang’’ for all time; it is not a ban been there since the founding of the votes plus the Vice President. But we on bombs. No one ought to be under the Republic. The White House should not are dealing here with matters of ex- illusion that this treaty ends nuclear pretend to be shocked when the Senate traordinary gravity. I hope this matter weapons development by America’s turns down a treaty that it does not can be worked out short of a proce- foes. At home, an essential part of the like because the treaty has no teeth. dural vote. administration’s plan to implement there are too many undefined char- But I direct this question to the Sen- the treaty is a ‘‘safeguards package’’. acters in the world who are unaffected ator from Delaware, whether there is The mere existence of the safeguards by this treaty. any other procedural alternative to package speaks for itself: without This treaty is not a good idea for a getting this vote off the Senate agenda. them, the treaty poses too many risks. number of other reasons. The agree- Mr. BIDEN. Mr. President, I will re- Unfortunately, the treaty we are asked ment puts international handcuffs on spond very briefly and then yield to my to vote upon contains none of the safe- nuclear technology testing by the friend from North Carolina. guards because the terms of the treaty United States. Our country needs to My knowledge of Senate procedure expressly preclude making the safe- have access to the testing of current pales in comparison to the Senator guards package part of the treaty. In and possible future nuclear weapons,

VerDate Mar 15 2010 21:55 Nov 01, 2013 Jkt 081600 PO 00000 Frm 00014 Fmt 0624 Sfmt 0634 E:\1999SENATE\S12OC9.REC S12OC9 mmaher on DSKCGSP4G1 with SOCIALSECURITY October 12, 1999 CONGRESSIONAL RECORD — SENATE S12343 defensive as well as offensive. We know this treaty and I suppose the adminis- ‘‘wait and hurry up.’’ The President that some nations play fast and loose tration will try to blame that on the submitted this treaty to the Senate with nuclear weapons technology. This Senate somehow. I submit, however, over 2 years ago. Yet for months, no is not the case generally in the United that the positions of Pakistan and action was taken. Then last week, sud- States and is not the case specifically India on their nuclear status have denly it was announced that we would in Montana where we maintain many nothing whatsoever to do with this de- conduct a very limited debate, that we Minutemen III missiles. Part of the bate in the Senate. We are aware that would have hastily constructed hear- Safeguard Stewardship and Manage- there are half dozen rogue nations out ings, and that we would move to a ment Program proposed by the Admin- there. They must really lick their lips vote. istration to sell this treaty is to assure when they think about America not I think that process alone suggests us that the nuclear stockpile remains testing nuclear weapons anymore. Who that we wait, at least—as we consider safe and reliable. But tests needed to seriously thinks this treaty will slow more carefully this treaty to discharge create the data base and methodologies down despots who pose current and fu- our obligations under the Constitu- for stockpile stewardship have not been ture irresponsible and, perhaps, irra- tion—for a thorough and detailed anal- done during the seven year moratoria tional nuclear threats to the United ysis of all the consequences. Indeed, our nation has voluntarily followed on States? The administration is making this is a very complex subject matter, testing and would not be done under a serious error in judgment in mixing as the debate on the floor today and the mandatory terms of the treaty be- up what States say at diplomatic con- preceding days has indicated. fore us. Simply stated, the technology ferences with what they go back home. I believe we need to take additional for stockpile stewardship is unproven. This is not the time to handicap our- time. I hope we can take additional Key safety and reliability data can selves by assuming test ban obligations time. But if the measure were to come only be obtained from the actual test- that we would keep but others would before this body for a vote, I would ing of weapons. We cannot take a either violate or ignore. vote to support the treaty because, as I chance on when or whether our nuclear I have been called by many rep- have said, I think passing this treaty weapons will go off. Can you imagine resentatives of other states and heads would provide a safer world. Rejecting putting all your faith in an airplane of states. I asked one question: Will the this treaty would, I think, disrupt dra- flying right without making actual signing of this test ban treaty change matically any further attempts at a flight tests.? The pilots I know still the attitude of the Russians? Answer: significant comprehensive reduction of think an aircraft has to be flown before No. By the PRC, the Chinese? No. Will nuclear weapons throughout the world. they are convinced of its safety and re- it change the attitude in India or Paki- I think it is somewhat naive to sug- liability. Likewise, data from past stan or North Korea or other suspected gest that if this Senate rejected the tests cannot adequately predict the im- rogue entities? No. Then why do we put treaty, we could simply go back next pacts of ongoing problems such as ourselves in jeopardy by not testing? week and begin to negotiate again on aging taking into account the highly In conclusion, I believe this treaty is different terms. I think we would be corrosive nature of materials with a fatally flawed because it is not enforce- sending a very strong and dangerous shelf life of 20 years. What do we do in able and will be ignored by the very na- signal to the world that we, rather 25 years? The administration’s answer tions we distrust. Moreover, to retain a than carefully considering this treaty, is to rely upon computer simulations credible nuclear deterrent capability, have rejected it almost outright. I or, as a last resort, to withdraw from we must retain our ability to test our think, also, together with other devel- the treaty. The stakes are too high to weapon systems for safety and reli- opments, such as our genuine attempts depend upon theoretical models and ability. Therefore, this treaty hurts us to look for a relaxation of the ABM any treaty can be killed by a later law. while helping our potential enemies. Treaty, rejection could be construed as But I submit these actions are closing My vote is to oppose advice and con- not suggesting we are serious about nu- the barn door after the horses are gone. sent. clear disarmament but, quite the con- Montanans as well as all Americans I yield the floor. trary, that we ourselves are beginning must have confidence in the safety and Mr. REED. Mr. President, I rise to to look at nuclear weapons and nuclear reliability of the refurbished nuclear express my support for the Comprehen- technology in a different light, a light warheads remaining in our country. sive Test Ban Treaty. I believe the real less favorable. Our troops in the field must also have question before us is whether or not Let me suggest something else. This confidence in the nuclear weapons they the world will be safer with or without treaty will not prevent us from testing carry. This test ban treaty precludes us the nuclear test ban treaty. I believe our nuclear technology. It will prevent from undertaking the technology test- we are safer. us, though, from conducting tests in- ing that is essential for keeping con- From a very self-interested stand- volving nuclear detonation. We can in fidence in our nuclear deterrent capa- point, if this treaty is adopted, it gives fact go on and test our technology. We bility. us the very real potential of locking all have been testing our technology con- The cold war may be over but the of our potential adversaries into per- stantly over the last 7 years without a threat posed to the United States from manent nuclear inferiority because nuclear detonation. nuclear weapons in hostile hands is far they will not be able to conduct the so- This treaty would not ban nuclear from over. Russia refuses to ratify phisticated tests necessary to improve weapons. This treaty also would pro- Start II and continues to insist (along their technology, particularly when it vide for an extensive regime of moni- with the administration) on strict com- comes to the miniaturization of nu- toring sites—over 300 in 90 countries. It pliance with the 1972 ABM Treaty. If clear warheads. It will, also, I think, would allow for onsite inspection if, in ever there was a lesson about not freez- contribute to an overall spirit which is fact, a significant number of signato- ing nuclear technology in time, the advancing the cause of nuclear disar- ries to the treaty were convinced that ABM Treaty is the model. Most Ameri- mament and also ending the prolifera- a violation took place. These addi- cans still do not know that our country tion of nuclear weapons. tional monitoring sites, together with is absolutely defenseless against bal- On the other side of the coin, if we the onsite inspections, are tools that listic missile attack not only from step back from this treaty today and do not exist today to curb the pro- Russia but also from any where else. vote it down, I think we will set back liferation of nuclear weapons and the There is mounting evidence that China this progress in trying to reduce nu- development of new nuclear weapons. has stolen priceless nuclear secrets clear arms throughout the world. All of There has been some discussion from our national laboratories. Only a us have come to this floor with dif- about our ability to monitor the devel- complete fool would think that the ac- ferent viewpoints, but I suspect we opment of nuclear weapons and, indeed, tions of the Chinese indicate that they would all say the process we have un- to monitor clandestine tests of nuclear would curtail their rapid advancement dertaken is somewhat suspect. I spent devices. I think the suggestion has towards being a nuclear power, with or 12 years in the Army, and I learned to been made—and I think it is inac- without this test ban treaty. Neither grow up under the rule of ‘‘hurry up curate—that a nuclear detonation India nor Pakistan have signed on to and wait.’’ Well, this process resembles could take place without anybody

VerDate Mar 15 2010 21:55 Nov 01, 2013 Jkt 081600 PO 00000 Frm 00015 Fmt 0624 Sfmt 0634 E:\1999SENATE\S12OC9.REC S12OC9 mmaher on DSKCGSP4G1 with SOCIALSECURITY S12344 CONGRESSIONAL RECORD — SENATE October 12, 1999 knowing anything at all about it. That been endorsed and recommended to us toring stations in 90 countries around is not the case at all. Just last week, by the Secretary of Defense, the Chair- the world. In fact, we would then have there was an article in the Washington man of the Joint Chiefs of Staff, and an international forum to take our Post entitled ‘‘CIA Unable To Precisely the Secretary of Energy. These are in- complaints and to force an expla- Track Testing.’’ If you read the article, dividuals who take very seriously their nation, and, if necessary, an onsite in- it is clear that the CIA was able to de- responsibility for the national security spection of a test. tect two suspicious detonations at a of the United States. But some might I think we have an obligation to Russian test site in the Arctic from suggest, well, they are part of this ad- carefully review and consider this trea- seismic data and other monitoring de- ministration and we really know that, ty. I believe that we do. And that con- vices. What they could not determine reading between the lines, their rec- sideration would be enhanced by addi- is whether this detonation was high ex- ommendation might not be as compel- tional time. I think it would be appro- plosives of a nonnuclear category or a ling as others. priate to take additional time. But it nuclear detonation. But certainly we But such logic would not suggest or would be a terrible, I think, disservice will have indications, if there is a clan- explain why individuals such Gen. John to the process of nuclear disarmament, destine test, that the possibility of a Shalikashvili, a former Chairman of of nuclear nonproliferation, and of a nuclear detonation has taken place. the Joint Chiefs of Staff; Gen. Colin saner world if we were to reject this That alone will give us, I believe, the Powell; Gen. David Jones; or Adm. Wil- treaty out of hand. And the world is basis to go forward and ask for onsite liam Crowe would in fact be supportive watching. inspections and for an explanation, to of the Comprehensive Test Ban Treaty. President Clinton was the first head use the levers of this treaty which we Nobody would suggest why other of state to sign this treaty. One-hun- do not have at this moment. prominent military officers, such as dred and fifty nations followed. Forty- So the issue of verification, I think, John Galvin, former Supreme Allied one nations have ratified the treaty, is something that is quite obvious and Commander in Europe; Gen. Charles and several more, including Russia, are prominent within this treaty, and the Horner, who commanded the air forces waiting again for our lead in ratifying. means of verification were discussed at in Desert Storm; Bernard Rogers, an- Unless we are part of this treaty, this length by my colleague from Nebraska other former Commander of NATO and treaty will never go into effect because who pointed out all the different tech- Supreme Commander in Europe, would it requires all of the nuclear powers— niques our intelligence service has to also recommend and support this trea- those with nuclear weapons or with nu- identify possible violations of this ty. These individuals are concerned clear capabilities—to be a party to the treaty and, with this treaty, to be able about security and have spent their treaty before it can go into effect. I to press those violations in a world lives in uniform dedicated to the secu- hope we either in our wisdom consider forum so we can ascertain whether the rity of this Nation and the protection this more, or in our wisdom accept treaty has been adhered to or violated. of our people. They believe, as I do, ratifying this treaty. The whole notion of controlling nu- that this will be a safer world with this Thirty-six years ago when the Lim- clear testing is not new. Throughout treaty rather than if we reject this ited Test Ban Treaty came to this this debate, my colleagues have dis- treaty. With this treaty, I think we can floor, a great leader of this Senate, cussed the initiatives that began as curtail dramatically the development Senator Everett Dirksen, was one of early as the 1950s with President Eisen- of nuclear weapons by opposing powers the forces who decided to take a very hower. Then, in 1963, President Ken- to the United States. bold step that was as equally daunting nedy was able to sign, and the Senate It is true that you can develop a nu- and challenging as the step we face ratified, the Limited Test Ban Treaty clear weapon without a test. You can which outlawed nuclear explosions in today. His words were: develop the unsophisticated rudi- A young President calls this treaty the the sea, atmosphere, and in outer mentary weapons that were used in space. In 1974, we entered into a treaty first step. I want to take a first step, Mr. World War II. But you cannot develop President. One my age should think about with the Soviet Union—the Threshold the sophisticated technology which is his destiny a little. I should not like to have Test Ban Treaty—which prohibited un- the key to strategic nuclear power written on my tombstone, ‘‘He knew what derground testing with yields greater without nuclear testing. happened at Hiroshima, but he did not take than 150 kilotons. In 1992, Congress If we accept this treaty, if we join a first step.’’ passed the Hatfield-Exon-Mitchell with other nations, then we will be in The treaty is not the first step. But amendment which called for a morato- a much stronger position, and the it is, I believe, the next logical step rium on testing. We are still observing world will be in a much stronger posi- that we must take. I believe none of us today. want to look back and say that we Also, I think it would be appropriate tion, to ensure that countries such as were hesitant to take this step, that we to point out that in fact for the last 7 India, Pakistan, and North Korea will years, we have not detonated nuclear be very challenged to develop the kind were hesitant to continue the march devices. Yet each and every year, our of sophisticated nuclear weapons that away from the nuclear apocalypse to a scientists, the experts in the Depart- will alter the strategic balance much saner and a much safer world. ment of Defense and Department of En- throughout the world. That in and of I yield my time. ergy, have certified that our nuclear itself, I believe, will make it a safer The PRESIDING OFFICER. Who stockpile is both safe and reliable. So world. yields time? the assertion that we can never assure Of course, the elimination of testing Mr. HELMS. Mr. President, I yield the reliability and safety of our nu- will have a positive environmental ef- time to the Senator from Kentucky. clear stockpile without testing has fect. Even though our tests now The PRESIDING OFFICER. The Sen- been disproven over the last 7 years. throughout the world are restricted un- ator from Kentucky. We have done that. derground, there is always the possi- Mr. BUNNING. Thank you, Mr. Presi- Now, I believe we can in fact main- bility of leakage of radioactive mate- dent. I thank Senator HELMS. tain a nuclear stockpile that is both rial. And we know how devastating Mr. President, this whole debate re- safe and reliable. We can do it using that can be. minds me of what the great philoso- the new technology we are developing, There are those who have been here pher Yogi Berra once said: It is like including but not exclusively related today who argued that we should reject ‘‘deja vu all over again.’’ to, computer simulations. We can do it this treaty because it is not 100 percent I thought we pretty well settled this by investing, as we are each year, bil- verifiable. I would suggest that we can, argument years ago—back in the 1970s lions of dollars—over $4 billion—so we in fact, verify this treaty—that 100 per- and the 1980s—when the idea of unilat- can ensure that we have a safe nuclear cent is not the standard we would rea- eral disarmament through a nuclear stockpile and that these weapons sonably use. As I have indicated pre- freeze was proposed as the only way to would be reliable if we were forced to viously, we have already detected what end the nuclear arms race between the use them. we suspect are suspicious detonations United States and Russia. We rejected There is something else I think in Russia. We would be even better pre- the nuclear freeze concept. We put na- should be pointed out. This treaty has pared to do that with 300 more moni- tional security first. We won the cold

VerDate Mar 15 2010 21:55 Nov 01, 2013 Jkt 081600 PO 00000 Frm 00016 Fmt 0624 Sfmt 0634 E:\1999SENATE\S12OC9.REC S12OC9 mmaher on DSKCGSP4G1 with SOCIALSECURITY October 12, 1999 CONGRESSIONAL RECORD — SENATE S12345 war, not through unilateral disar- ing a weapon—safety and reliability. and reliability of our nuclear arsenal. mament and symbolic gestures but The Clinton administration has pro- And what do we get in return? A noble, through strength, and we defeated the posed an ambitious program known as symbolic gesture. Nothing more. It is evil empire. The world is safer and we the Stockpile Stewardship Program not worth it. have been able to substantially reduce which would use computer modeling I urge my colleagues to vote no. Uni- the number of nuclear warheads and and simulations to detect reliability lateral disarmament was a bad idea in the threat of nuclear conflict. and safety. However, many of the com- the 1970s and 1980s; it is a bad idea for So it is difficult to understand why ponents of this system are unbuilt and the 21st century. this argument is back before the Sen- untested. The National Ignition Facil- I yield the floor. ate today. It is difficult to understand ity, which is the centerpiece of this Mr. BIDEN. I yield to the Senator why a U.S. President is back before us program, is not scheduled to be com- from Montana. asking us to ratify an agreement which pleted until the year 2003. There are al- Mr. BAUCUS. Mr. President, I would tie this Nation’s hands behind ready reports that it is years behind strongly support the Comprehensive its back and jeopardize our national se- schedule. It would be foolhardy to en- Test Ban Treaty. Why? Various rea- curity. trust our nuclear security to an sons. None of us support nuclear war. We unproven program which probably First, we have an opportunity to vote are all against nuclear proliferation. won’t even be fully operational by the this week. I will cast my vote in favor But agreeing to forego all future test- year 2010. Reliability and safety: There of ratification because I believe to do ing of nuclear weapons is not the way must be certainty; at this point only otherwise would be a tragic mistake to get there. It is a matter of national live testing provides that kind of cer- with extremely dire consequences for security, of safety, and of common tainty. our Nation and equally dire con- sense. This treaty is based on a very noble, sequences for the world. However, Because we refused to accept the well-intentioned goal. There is no ques- given the likelihood the Senate will siren call of the nuclear freeze move- tion that if the Senate were to ratify fall short of the two-thirds majority re- ment in the 1970s, we won the cold war, this treaty, it would be a grand sym- quired under the Constitution for rati- and we have subsequently been able to bolic gesture, but noble goals and sym- fication, I will support efforts to post- reduce our arsenal of nuclear warheads bolic gestures are no substitute for pone this vote. We cannot tell the from 12,000 to 6,000 under the START II good policy and hard reality. world the United States of America, treaty. The number is expected to be I have already talked about a couple the leader of the free world, opposes reduced further to 3,000 warheads by of reasons why this treaty is not good this treaty. It would be a travesty. the year 2003. But despite these reduc- policy—safety and reliability. But The Comprehensive Test Ban Treaty tions and this progress, the United there are a couple of other reasons this gives America a unique opportunity to States must maintain a reliable nu- treaty fails the hard-reality test, as leave a safer world for our children and clear deterrent for the foreseeable fu- well: Verification and enforcement. for our grandchildren. We cannot pre- ture. The hard reality is that the United vent earthquakes; we can’t prevent Although the cold war is over, sig- States usually tries to live up to the hurricanes or tornadoes, not yet. I nificant threats to our country still agreements it signs. If we ratify this hope over time our ability to predict exist. At present, our nuclear capa- treaty, we will live by it; we have no them—minimizing the destruction of bility provides us a deterrent that is guarantee other nations will be so in- human life and property—will improve. critical to our Nation and is relied on clined to follow the letter of the law. But we can prevent nuclear war. We as a safety umbrella by most countries Under this treaty, verification would can halt the spread of nuclear weapons. around the world. be very difficult and enforcement We can prevent nuclear fallout and en- As long as our national security and would be impossible. It has no teeth. It vironmental destruction caused by nu- our own nuclear deterrent rely on the is difficult now to detect nuclear tests clear testing. And we can reduce the nuclear capability, we must be able to with any confidence, and the fear of a nuclear holocaust that all periodically test our existing weapons verification monitoring provisions in Americans have lived with since the as necessary to ensure their reliability this treaty don’t add to that confidence start of the cold war 50 years ago. We and their safety. level at all. Yes, we could request on- can do all this, and we should. Reliability is essential. If our nuclear site inspections if we thought someone Let me review some of the benefits weapons are not reliable, they are not had been cheating, but that request we get from the Comprehensive Test much of a credible deterrent, and the would have to be approved by a super- Ban Treaty, and let me explain why nuclear umbrella that we and our allies majority in the 51-member executive this treaty will make the world safer count on for our mutual defense will council. In addition, each country for our children and grandchildren. have gaping holes in it. under the treaty has the right to de- First, under the CTBT, there is an ab- We have to face reality. Our nuclear clare 50-square-kilometer areas off lim- solute prohibition against conducting stockpile is aging. Our nuclear inven- its to any inspection. nuclear weapon test explosions by the tory is older than it has ever been, and Even if we did catch a cheater, the signators. This would include all coun- nuclear materials and components de- treaty has almost no teeth—possible tries that possess nuclear weapons, as grade in unpredictable ways—in some trade sanctions. That’s it, possible well as those countries that have nu- cases causing the weapons to fail. trade sanctions. And we know how dif- clear power or research reactors. It Without testing, those potential prob- ficult it is to maintain multilateral would also include countries that do lems will go undetected. Upgrades will trade sanctions against Iraq, a country not yet have nuclear facilities. This ab- not be possible. Reliability will suffer. that blatantly invaded and looted a solute prohibition of testing makes it Safety is also essential. A permanent neighboring country and which consist- much harder for countries that already ban on testing would jeopardize the ently defies international inspection have advanced nuclear weapons to safety of our nuclear arsenal by pre- teams. No one can believe we would be produce new and more sophisticated venting us from integrating the most more effective at enforcing sanctions nuclear weapons. Russia and China are modern advanced safety measures into against more responsible nations of prime examples. our weapons. Even now our nuclear ar- greater commercial importance such as The CTBT prevents the kind of arms senal is not as safe as we can make it. India and Pakistan. There are no teeth. competition we had during the cold Of the nine weapons systems currently That brings us back to the hard re- war. For example, without nuclear on hand, only one employs all of the ality. Would we obey the treaty? Yes, tests the Chinese will be unable to most modern and secure measures we would obey the treaty because that MIRV ICBMs with any degree of reli- available. Safety modifications of this is the way we are. And others would ability. The Chinese have no assurance kind would require testing to make obey the treaty if it suited their whims of the effectiveness of putting multiple sure they worked as intended. of the moment. The hard reality is if warheads on missiles because they Sure, advocates of this treaty argue we ratify this treaty, we sacrifice our would not be able to test. Many believe there are some other measures of test- national security, jeopardize the safety China has made enormous strides in

VerDate Mar 15 2010 21:55 Nov 01, 2013 Jkt 081600 PO 00000 Frm 00017 Fmt 0624 Sfmt 0634 E:\1999SENATE\S12OC9.REC S12OC9 mmaher on DSKCGSP4G1 with SOCIALSECURITY S12346 CONGRESSIONAL RECORD — SENATE October 12, 1999 their nuclear weapons capability be- Command, and the Nuclear Weapons to its approval by Russia, by China, cause of decades of espionage, but the Council, must certify every year to the and others. Our ratification of the CTBT provides one way to limit fur- President that the necessary high level Comprehensive Test Ban Treaty will ther sophisticated development. of confidence exists. lead other countries to agree to a com- The absolute prohibition on nuclear Do not forget, $4.5 billion a year is plete ban on nuclear explosions. testing also helps prevent countries spent on this. If they cannot give that As a footnote, let me add the Amer- with smaller and less advanced nuclear certification to the President, the ican people, by an overwhelming mar- weapons from developing more ad- President can then use the so-called gin, understand the need to control nu- vanced nuclear warheads. This applies Safeguard F. What is that? That is the clear testing. In a recent poll, 82 per- especially to India and to Pakistan. United States will be able to withdraw cent of Americans responded that they The strategy of using advanced nuclear from the treaty and test the weapon would like to see the treaty approved. weapons depends on confidence. It de- that is in doubt; that is, if the Presi- That is not a sufficient reason to vote pends on reliability. India and Paki- dent is not confident, the President can for ratification, but we should take stan would not be able to build reliable withdraw. note the public well understands the and sophisticated nuclear weapons The Directors of our weapons labs, dangers of nuclear testing. under the treaty. the Chairman of the Joint Chiefs of President Eisenhower began the first The treaty’s terms also help prevent Staff, along with four of his prede- comprehensive test ban negotiations in nations that are seeking nuclear arms cessors, and an impressive array of 1958 with the goal of constraining the from ever developing them into ad- Nobel Prize winners believe the Stew- nuclear arms race and halting the vanced sophisticated weapons. I refer ardship Program will provide appro- spread of nuclear weapons. Mr. Presi- to countries such as Iran and Iraq. priate protection for our national secu- dent, 31 years later we have an oppor- The second major reason for adopting rity. tunity to make this goal a reality. this treaty is that ratification is crit- The second objection against the That is the legacy I want to leave my ical to our ability to enforce and main- treaty is that it is impossible to verify son and all the children of Montana, of tain the Non-Proliferation Treaty, an- that all nations are complying with the the United States, and of the world. other treaty. The NPT is the bedrock treaty. That is true. It is true we can- In sum, I think each of us has a of our efforts to stop the spread of nu- not detect every conceivable explosion moral obligation to leave this world in clear arms to non-nuclear weapon at low yields. But our defense agencies as good shape or better shape than we states. Many of the nations that signed have concluded—the Department of De- found it, and certainly ratification of the NPT, the Non-Proliferation Treaty, fense—that we will be able to detect the test ban treaty fulfills that moral and agreed to its indefinite extension tests that will have an impact on our obligation. did so on the understanding that there national security, and that is the The PRESIDING OFFICER. The would be a Comprehensive Test Ban threshold of concern to us. Chair recognizes the Senator from Treaty. Let me go through a few likely sce- North Carolina. The third reason for support is the narios that would occur if we reject the Mr. HELMS. Mr. President, the dis- CTBT will improve the ability of the treaty. First and most immediate tinguished Senator from Maine is here. United States to detect nuclear explo- would be on the Indian subcontinent. I yield 15 minutes to the gracious Sen- sions. Let me repeat that. It will im- India and Pakistan matched each other ator. prove our ability to detect current ex- with nuclear tests. Kashmir remains The PRESIDING OFFICER. The plosions, the status quo compared with one of the world’s most dangerous trig- Chair recognizes the Senator from today. The international monitoring ger points. U.S. rejection of the test Maine. system will have 321 monitoring sta- ban treaty would destroy our ability to Ms. SNOWE. Mr. President, I thank tions, including 31 in Russia, 11 in pressure those two countries to halt the distinguished chairman of the Sen- China, and 17 in the Middle East. These further nuclear tests. Those countries ate Foreign Relations Committee for stations will be able to detect explo- would likely begin to develop more so- his effort and cooperation. sions down to about 1 kiloton, the phisticated nuclear weapons, height- With this debate on the Comprehen- equivalent of 1,000 tons of TNT—much ening the probability of their actual sive Nuclear Test-Ban Treaty, the Sen- lower than the kinds of explosions we use in the region. ate discharges one of its most funda- are talking about in this Chamber. In The second adverse consequence of mental and solemn duties, the steward- the case of a suspicious event—that is, rejection is this: China would certainly ship of our national defense. I think a report of an explosion that could be prepare for more tests to increase the there is little question among us that a nuclear, a mine site, or even an earth- sophistication of its nuclear arsenal. world free of nuclear weapons would be quake—any party can request an onsite At present, Chinese nuclear weapons do a world more secure. Obviously, we all inspection. With or without a treaty, not pose a strategic threat to the look forward to the day when we do not we must continue all efforts at moni- United States. Our rejection of the have to rely on our nuclear stockpile toring nuclear developments world- CTBT would allow them to begin a as a necessary deterrent. We know full wide, but the treaty provides a system long-term development program with well over 80 percent of the American that far exceeds current capabilities of testing that would make them such a people share that point of view. But inspection. threat. the fact is, that day has not yet ar- Now, turning to two of the major ob- The PRESIDING OFFICER. The Sen- rived. Until it does, as the world’s last jections to those who oppose the trea- ator’s 8 minutes have expired. remaining superpower, we walk a line ty: First, they claim actual nuclear Mr. BAUCUS. I ask unanimous con- both fine and blurred. This debate must tests—that is, explosions—are nec- sent to proceed for 2 more minutes. be about how we walk that line. It essary to ensure that our stockpile of The PRESIDING OFFICER. Without should be about how we balance our weapons works. We have put in place a objection, it is so ordered. clear and shared interests in a nuclear- science-based Stockpile Stewardship Mr. BAUCUS. The third adverse con- free planet within the reality of a post- Program. Its purpose is to provide a sequence is American efforts to pro- cold-war world. high level of confidence in the safety mote nuclear nonproliferation would The reality is this: At the same time and reliability of America’s inventory become much more difficult because the world looks to us to provide leader- of nuclear weapons. Under this pro- other nations would believe America’s ship in stopping the proliferation of nu- gram, our National Weapons Labora- moral authority and its leadership clear weapons, so, too, does it rely tories spend $4.5 billion each year to were destroyed by our rejection of the upon us for a credible nuclear deterrent check and to maintain these weapons. CTBT. that will keep in check international We can still test; we do test. We just The United States has been the aggressors, nations that seek to under- cannot explode. The Secretaries of De- world’s leader in promoting arms con- mine democracy and freedom. That is fense and Energy, with the help of the trol. If we do not lead, no one else will. the challenge before us, to move to- Directors of the National Laboratories, It is that simple. Our ratification of wards our shared goal in a responsible the Commander of the U.S. Strategic the Chemical Weapons Convention led and measured manner, ever mindful

VerDate Mar 15 2010 21:55 Nov 01, 2013 Jkt 081600 PO 00000 Frm 00018 Fmt 0624 Sfmt 0634 E:\1999SENATE\S12OC9.REC S12OC9 mmaher on DSKCGSP4G1 with SOCIALSECURITY October 12, 1999 CONGRESSIONAL RECORD — SENATE S12347 that a post-cold-war world does not I can tell you, after I sat through evaluate and maintain the reliability of U.S. mean a world devoid of duplicity or hours of deliberations and testimony forces necessitates continued nuclear testing danger. That is the dynamic we can on the Armed Services Committee last for those purposes, albeit at a modest level, neither escape nor ignore. That is the week, the facts are not reassuring. I for the foreseeable future. dynamic that must inform each and know there is an honest difference of Even within the Clinton administra- every one of us as we consider the ram- opinion among experts, among former tion, these conditions found a voice. ification of a zero-yield treaty of un- Secretaries of Defense. But you have to According to Mr. Robert Bell, a mem- limited duration. look at the honest difference of opinion ber of the National Security Council The question is not whether we sup- and take pause when you have six staff, soon before President Clinton re- port nonproliferation measures. We ob- former Secretaries of Defense, two leased his August 1995 statement of viously make that as one of our key former Clinton administration CIA Di- support for the treaty, Defense Depart- national security objectives. The ques- rectors, four former National Security ment officials argued that the United tion is, Are we going to support a trea- Advisers, and three former National States should continue to reserve the ty that is a significant departure from Weapons Lab Directors, all opposing right to conduct underground nuclear tests at a threshold of 150 kilotons or what every Chief Executive of the the treaty before us. atomic age, except President Clinton, Why? Because they believe a no-test- below. That would seem to be the prudent has laid down for criteria in any test ing, unlimited duration policy at this course on what we know at this mo- ban treaty? Are we going to support a time would fatally undermine con- ment in time. It is yet another fact treaty predicated on a program that is fidence in the reliability of the U.S. today that we face a real danger of yet to be tested and may remain nuclear stockpile as a sturdy hedge fewer and fewer scientists with the unproven for decades? Are we going to against the aggressive intent of once first-hand knowledge that comes from support a treaty that assumes reliable and future tyrants. That is a risk we a testing process. Indeed, of the 85 re- verification when we know we cannot simply cannot afford to take. maining nuclear weapons experts at always detect low-level tests, when we Consider the backdrop of the Rums- the Los Alamos and Livermore Labora- feld Commission report in 1998. We are know that rogue nations such as North tories today, only 35 have coordinated all too familiar with the stark fact Korea, Iraq, or Iran could develop live underground tests. crude first-generation nuclear devices that North Korea, Iran, and Iraq, to Even as early as 1994, barely 18 with no testing at all? In fact, the CIA name a few, would be able to inflict months after the United States stopped Director George Tenet stated, back in major destruction on the United States underground nuclear testing, a report 1997, in response to questions sub- within 5 to 10 years of making a deci- from the Congressional Research Serv- mitted to him by the Senate Select sion to acquire ballistic missile capa- ice sounded an alarm, and my col- bilities. Committee on Intelligence: leagues would be wise to read it. Back Thanks to the testimony last week of Nuclear testing is not required for an ac- in 1994, it sounded the alarm that: quisition of a basic nuclear weapons capa- three current National Weapons Lab- bility. Tests using high explosive detona- oratory Directors, we also know full These trends . . . threaten to undercut U.S. ability to maintain the safety, reli- tions only could provide reasonable con- well that the very program the admin- ability, and performance of its warheads; to fidence in the performance of a first genera- istration proposes to rely on to mon- correct defects that are discovered or that tion device. Nuclear testing becomes critical itor the safety, effectiveness, effi- result from aging; and to remanufacture only when a program moves beyond basic de- warheads. They also work at cross-purposes signs, incorporating more advanced con- ciency, and accuracy of the arsenal is with President Clinton’s declaration that the cepts. between 10 and 20 years away from being fully validated and operational, United States will maintain the capability We cannot even verify what is going to resume testing if needed. on in Iraq with Saddam Hussein. We all and that is assuming it will work. That is 10 to 20 years. We could have weap- Again, we must remember that these recall we set up an onsite inspection considerations must be made in the program as a condition for his sur- ons in our stockpile left untested and unproven for decades while rogue context of a treaty that raises the bar render in the Persian Gulf war. Today states acquire the means of mass de- by allowing absolutely no testing at he has systematically and unilaterally struction. any level in perpetuity. dismantled the U.N. weapons inspec- That is what we are addressing today As Dr. John Nuckolls, the former Di- tion system regime. fundamentally: a treaty that has ulti- rector of the Lawrence Livermore Lab- So these are the pressing issues that mately been negotiated by this admin- oratory, put it, even an ‘‘extended du- confront us about the ratification of istration with a noble long-range goal ration test ban’’ would trigger the loss the Comprehensive Test Ban Treaty. that almost everyone accepts but one of all nuclear trained expert personnel That is why I am disappointed, regret- which requires this country to accept as well as ‘‘major gaps in our under- ting that we have had politics per- an unproven and incomplete computer- standing of scientific explosives.’’ meate both sides of the political aisle, model-based system for the security of Again, the CRS in 1994 in its report both ends of Pennsylvania Avenue with our nuclear deterrent in this age of said: respect to this debate. Because the weapons proliferation. In other words, This skills loss is in its greatest jeopardy. ratification of any treaty, and cer- we put the cart before the horse. We Director Tarter, the current Director tainly this one, is a solemn and unique ought to know that our Stockpile of Lawrence Livermore Laboratory, responsibility for the Senate, and we Stewardship Program works first be- testified before our committee last should accord this debate the level of fore we commit to any zero-yield, un- week. What did he say in his testi- gravity it deserves. It is not just about limited-duration treaty. mony? process and procedure. It is certainly As the Director of the Lawrence It is a race against time. Before long, our not about politics. It is about policy; Livermore Laboratory, Dr. Tarter, tes- nuclear test veterans will be gone. what is in the best interests of this tified to the committee last week, the We are counting on our current cadre country as well as the security inter- program is an approach that the coun- of experienced scientists to help de- ests of the world. What is at stake is no try must pursue ‘‘short of a return to a velop and install the new tools that are less than our ability to stop prolifera- robust schedule of nuclear testing.’’ By only now starting to come online. tion and to ensure at the same time closing the door entirely, we would be We have now heard from our Direc- the continued viability of our stock- making a question mark of our nuclear tors: A minimum of 10 years and maybe pile. stockpile. as high as 20 years from now, the When we get into debates about pro- As President Bush reminded us in Stockpile Stewardship Program will be cedure and process, I think it ignores 1993, one-third of all U.S. nuclear weap- determined to be workable. the overwhelming magnitude and grav- ons designs fielded since 1958—one- We have the loss of our nuclear sci- ity of the centerpieces of this treaty. third—have required nuclear testing to entists trained in the testing field. We should not be making this agree- correct deficiencies after deployment. That is a safety net we cannot do with- ment a political football. Duty, a con- In his words: out as we walk the tightrope of sus- stitutional duty, compels us to look at The requirement to maintain and improve taining a credible strategic nuclear de- the facts before us. the safety of our nuclear stockpile and to terrent and aggressively promoting

VerDate Mar 15 2010 21:55 Nov 01, 2013 Jkt 081600 PO 00000 Frm 00019 Fmt 0624 Sfmt 0634 E:\1999SENATE\S12OC9.REC S12OC9 mmaher on DSKCGSP4G1 with SOCIALSECURITY S12348 CONGRESSIONAL RECORD — SENATE October 12, 1999 global arms control. Consider that our entific research center, neither the Na- defense. I hope the rest of my col- successive agreements with the Soviet tional Technical Means of the United leagues, who say we have to deal with Union, and now Russia, will eventually States nor the Monitoring System en- the facts as we know them, keep that reduce the entire American nuclear visioned by the treaty can detect very in mind when we vote on missile de- warhead stock to about 25 percent of low-yield or zero-yield tests. fense. its peak size in the cold war. Consider Finally, article V of the treaty estab- I find it fascinating some of the very also that we maintain only 9 categories lishes ‘‘measures to ensure compli- people who push the missile defense of nuclear weapons today from a level ance.’’ The most important of these and the abandonment of the ABM Trea- of more than 30 in 1985. measures entrusts the Conference of ty—where we have only had basically We are making remarkable strides, States Parties, the treaty’s ratifying one successful test, which is a far cry as we should, on our priorities in the governments, to refer urgent cases to from what we are going to need to be arms control arena. But knowledge the United Nations Security Council, a able to develop a missile defense initia- about the arms we must sustain as bul- forum in which Russia or China could tive—are the same ones saying: But we warks against future military conflicts exercise a unilateral veto. can’t go ahead with this treaty because cannot be lost, and this fact suggests In other words, article V could mean we don’t know everything. that time has not ripened for the if the United States diagnosed an im- I respectfully suggest the ability of United States to sacrifice a 50-year, minent nuclear danger in a strategic the scientific community to shoot mul- fool-proof position to keep the testing region of the world, Moscow or Beijing tiple nuclear weapons out of the sky in option open as unprecedented arms re- might emerge as the final courts of ap- the stratosphere and make sure not a ductions have occurred and must con- peal for sanctions or other punitive single one gets through is an even more tinue. Indeed, the administration itself acts. daunting and challenging program agrees we need a viable strategic nu- The day for a Comprehensive Test than the Stockpile Stewardship Pro- clear arsenal to deter conflicts that Ban Treaty may come where we could gram. But they seem to have no prob- could arise in critical areas such as the have a zero-nuclear testing regime for lem to be ready to abandon the ABM Middle East, the western Pacific, or an unlimited period of time. It may ar- Treaty, which has been the corner- northern Asia. rive. And we may be confident that we stone, since Nixon was President, for In the view of the vast majority of will be able to verify that level, as well our arms control regime. But they treaty opponents and supporters alike as the low-level detections of other have no faith. I find that fascinating, who submitted opinions and testimony countries when it comes to explosions. No. 1. to the Armed Services Committee last But I think we have to consider the No. 2, I also find it very fascinating week, the Stockpile Stewardship Pro- facts as we know them now. that everybody keeps talking about gram will produce low levels of con- I think we have to look very care- nonverifiability. I have heard more fidence in many aspects of nuclear war- fully at the troubling aspects of the than once this morning—not from the head capability for at least a decade to Stockpile Stewardship Program and Senator from Maine but from others come and perhaps more. whether it is a viable alternative to nu- —the dictum of President Ronald Perhaps Dr. Robinson, the Director clear testing. In the strategic and sci- Reagan: Trust, but verify. That is con- of the Sandia National Laboratory, put entific communities many say it is not, stantly brought up: There is a reason it best and simplest when he told the and maybe we will not know for 10 to 20 why we can’t be for this treaty. We committee: years. That is what we are predicating can’t verify it. Confidence on the reliability and safety of our nuclear deterrent strategy on. They say this treaty is not perfectly the nuclear weapons stockpile will eventu- So we have to vote—if we do vote verifiable. That is true. But it is a red ally decline without nuclear testing. today or tomorrow—on what we know herring. This body has never demanded It was expert scientists, not politi- today. We may know something dif- perfect verification. cians, who told the committee that the ferently in the future. But I submit Consider Ronald Reagan’s treaty, the Stockpile Stewardship Program brings that we cannot subject our security in- INF Treaty, that eliminated land-based the U.S. nuclear weapons complex into terests to what we might know 20 years intermediate-range missiles. That trea- uncharted waters of reliability. from now. ty was signed by President Reagan, the So, too, is confidence key when it I hope we will defer the vote on rati- same man who coined the phrase: comes to another vital component of fication because of all the current con- Trust, but verify. this treaty, and that is verification. At cerns that I and others have cited. We Was the INF Treaty verifiable? Give first glance, the technology behind the would do well to heed the advice of the me a break. No; it was not verifiable. It treaty’s verification regime seems air- letter that was submitted to the major- was not. tight. Article IV of the accord estab- ity leader asking for deferral, the let- Listen to what the Senate Intel- lishes a joint international monitoring ter that was written by Henry Kis- ligence Committee said in response to system and international data center singer; John Deutch, a former CIA Di- Ronald Reagan’s assertion: Trust, but with a total of 337 facilities around the rector for the administration; and verify my INF Treaty. The Intelligence world. If these installations detect a Brent Scowcroft, that we should defer Committee said at the time: potentially illegal underground explo- until we can give more consideration Soviet compliance with some of the Trea- sion that subsequent diplomacy cannot ty’s provisions will be difficult to monitor. to all of the issues that are before the This problem is exemplified by the unre- resolve, the accusing state may request Senate with respect to this treaty. solved controversy between DIA [the Defense an onsite inspection. I yield the floor. Intelligence Agency] and other intelligence Fair enough, you might say, until The PRESIDING OFFICER. The Sen- agencies over the number of SS–20’s in the you read the fine print. Then you dis- ator’s time has expired. Soviet inventory. cover that the onsite inspection provi- Mr. BIDEN addressed the Chair. Ground-launched cruise missiles pose a sion requires an affirmative vote by 30 The PRESIDING OFFICER. The Sen- particularly difficult monitoring problem as of the 51 members of the Executive ator from Delaware. they are interchangeable with long-range So- Council of the Comprehensive Nuclear Mr. BIDEN. Mr. President, I yield viet sea-launched cruise missiles. Test-Ban Treaty Organization author- myself 10 minutes. This the INF Treaty did not ban. ized under article II, an awfully high I respect the Senator from Maine We are concerned that the Soviets could threshold. Article II does not give the very much, as I do the Senator from In- covertly extend the range capability of a diana, who put out the five-page state- cruise missile, or covertly develop a new United States or any of its allies per- ground-launched cruise missile which pro- manent or rotating seats on the Coun- ment on why he opposes the treaty. I hibited long-range capability. . . cil. want to speak to some of the things In an INF/START environment. . .the So- That is not all. Science itself throws that some Senators have spoken to. viet incentive to cheat could increase be- a wrench into the treaty’s verification First of all, the Senator from Maine cause of a greater difficulty in meeting tar- mechanism. says we have to deal with the facts as geting requirements. According to a 1995 study by the we know them. I hope she will keep Still, this Senate and my Republican Mitre Corporation, an established sci- that in mind when she votes on missile colleagues—from DICK LUGAR, who

VerDate Mar 15 2010 21:55 Nov 01, 2013 Jkt 081600 PO 00000 Frm 00020 Fmt 0624 Sfmt 0634 E:\1999SENATE\S12OC9.REC S12OC9 mmaher on DSKCGSP4G1 with SOCIALSECURITY October 12, 1999 CONGRESSIONAL RECORD — SENATE S12349 quotes that he fought for the INF Trea- the United States gets a de facto per- used to have to debate him around the ty, and others, had no problem saying manent seat on the Council. country on SALT. He was wrong then; that was a verifiable treaty. The abil- Moreover, he said that there was an he is wrong now. ity to hide these things in barns, to agreement among the Europeans and We used to argue that the real con- hide them in haystacks, was greater us that we would always have a seat. cern—I have been here for 27 years— than the ability of someone to muffle a Makeup of the Council is: Africa, 10 was the Soviets seeking a first strike nuclear explosion. seats; Eastern Europe, 7 seats; Latin capability. Remember? The Soviets are But no, I did not hear anything over America, 9 seats; Middle East/South seeking a first strike capability. And on that side. I did not hear anybody Asia, 7 seats; N. America/W. Europe, 10 all of their actions were designed to do saying: No, that’s not verifiable. I seats; East Asia/Pacific, 8 seats. that. That is why they were building guess that was a Republican treaty. There are 2-year terms. these new massive SS–18s with 10 nu- Maybe this is a Democrat’s treaty. A quick review of the candidates for clear warheads, independently tar- Maybe that is how they think about it. seats that we should expect, in almost geted, et cetera, et cetera. Through the But I find this absolutely fascinating. all instances, to get all the votes of the leadership of a Republican President, It really—if my staff gives me one West Europe/North America group. So we have an agreement whereby they more suggestion, I am going to kill we start with 10. are going to dismantle those if we get them. It says: The INF was approved Aside from Yugoslavia, Russia, and the treaty, the START treaty, passed. 93–5. I thought I kind of made that one of two others, the Eastern Europe So guess what we are worried about point clear. group comprises strong United States now. The exact opposite. We are wor- But at any rate, let me point out allies. So that’s another 5–7 votes. ried now that they don’t have a first what else the Intelligence Committee Similarily, many of the Latin Amer- strike capability, that they aren’t said about that INF Treaty. It said: ican states are either: (1) strong allies seeking nuclear predominance, but Since no verification and monitoring re- or (2) strongly favor the test ban. So they are acknowledging their conven- gime can be absolutely perfect— we should usually get most of those 9 tional forces are so bad they need tac- Let me read it again: votes. tical nuclear defense on their territory. Since no verification and monitoring re- That gets us very quickly to the low- As they say in my church, examine gime can be absolutely perfect, a central mid-20s, in most instances—even being your conscience, folks. Take a look at focus for the Committee— conservative and assuming that we what this is. We hear this thing, and That is the Intelligence Committee— don’t get all the votes in the above 3 the public says: Is it true, Joe, they has been to determine whether any pos- groups. really are developing a new tactical sible infractions would be of sufficient mili- That leaves Africa, 10 seats; Middle weapon? My response is, it probably is tary significance to constitute a threat to East/South Asia group, 7 seats; and the true. But guess what. They now have our national security interests. This calculus East Asia, 8 seats. There is where our 10,000 tactical nuclear weapons. is one which the Senate should bear in mind work, depending on the makeup of the I yield myself such time as I may in its consideration of the treaty. Council at the particular time, could consume. The Senate Intelligence Committee get a little harder. They are worried now that they are was right in 1988, and their standard is But even there the rosters have U.S. going to be able to develop another right today, even though this is pushed allies, or proponents of non-prolifera- smaller tactical nuclear weapon, as if forward by a Democratic President in- tion. this treaty has anything to do with stead of a Republican President. It is hard to see how we will not get that. Come on. Come on. What we To impose this utterly unrealistic to 30 in most instances. should be doing is rejoicing in the fact standard of verifiability on Bill Clin- In truth, it is more likely that most that the whole emphasis in the Soviet ton’s test ban treaty, when no such U.S. inspection requests, based on our program has shifted to a recognition standard was imposed on Ronald Rea- intelligence and the data from the that they have to defend their home- gan’s INF Treaty, may be an effective International Monitoring System, will land—their judgment—and they do not ‘‘gotcha’’ in politics, but it clearly does be easily approved. have the conventional forces capable of not look to the national interest of the It should also be noted that, unlike doing that—their judgment—and so United States. the U.N., Israel is a member of a re- they are developing, allegedly, a very No inspection—no inspection—by the gional group, and will automatically small tactical nuclear weapon—their way, for onsite inspections in the INF get a seat on the Council under a spe- judgment. Does that shift the strategic Treaty, unless it was on prearranged cial rule that guarantees that one seat balance? Give me a break. Give me a sites. By the way, those of my col- within each region be filled on a rota- break. leagues who point out that we have to tional basis. I find this one of the most fas- get 30 or 50 votes, our negotiators are We can get 30 votes. We can get 30 cinating debates in which I have ever pretty smart. We have 30 to 50 votes votes any time we want. The reason been engaged. I don’t know what we based on categories. why is we set up the committees the are talking about. When my friend Let me tell you how membership on way we did. The flip side of that is, it from Kentucky stands up and says, I that committee would be determined. will be hard for them to get 30 votes be- thought we decided against unilateral The Executive Council is the deci- cause the fact is that our intelligence disarmament, me, too—an are-you- sionmaking body of the Treaty Organi- community is saying we do not want still-beating-your-wife kind of ques- zation. Among other things, it author- onsite inspections in the United States. tion. Who is talking about unilateral izes on-site inspections. I don’t know what treaty these folks disarmament? Where is that anywhere There are 51 seats on the Council, di- are reading. in this treaty? Where does it say that? vided geographically. Ten seats are al- Let me make a second point. Here is Where does it imply that? That is like located to parties from North America the one lately that really gets me: The my standing up and saying: I am very and Western Europe. Soviet Union is going to be able to de- surprised my friends who oppose this Of these, the treaty provides that ‘‘at velop very small tactical nuclear weap- treaty want to go to nuclear war; I am least one-third of the seats allocated to ons that, in fact, will lead to a dif- very surprised they are advocating nu- each geographical region shall be filled ferent strategy in terms of their con- clear war. That would be equally as un- taking into account political and secu- ventional defense. Guess what. We founded and outrageous a statement as rity interests, by States Parties in that should all be standing up on this floor the assertion this treaty is unilateral region designated on the basis of the going hooray, we did it, because I re- disarmament. nuclear capabilities relevant to the member last time we debated this issue I will repeat this time and again, and Treaty. . . . of strategic weapons. What were we I will yield the floor in a moment. My The chief negotiator, Stephen saying? problem is, we have a President of the Ledogar, told the Foreign Relations I watched, by the way, with great in- United States of America who has sent Committee on Thursday that ‘‘this is terest Dr. Edward Teller last night. I a formal message to the Republican diplomatic language’’ that assures that watched a long documentary because I leader asking that a vote on this treaty

VerDate Mar 15 2010 21:55 Nov 01, 2013 Jkt 081600 PO 00000 Frm 00021 Fmt 0624 Sfmt 0634 E:\1999SENATE\S12OC9.REC S12OC9 mmaher on DSKCGSP4G1 with SOCIALSECURITY S12350 CONGRESSIONAL RECORD — SENATE October 12, 1999 be delayed. Apparently, there is a con- treaty, but I haven’t heard them made tion as the place that, hopefully, could sensus on the other side, thus far at this morning, with all due respect. break through the emotions and find least, not to allow it to be delayed. I yield the floor. the most common sense solution that This is the total politicization of a na- Mr. HELMS. Mr. President, I yield to is in the interests of the American peo- tional security debate. Could anyone the Senator from Arizona. ple. have imagined before this came up, if a Mr. KYL. Mr. President, I want 30 Some of the great history of the Sen- President of the United States of any seconds to respond to the challenge of ate has been written about those mo- party said: This issue, which is of the my friend from Delaware with respect ments where Senators crossed the aisle gravest consequence to the United to unilateral disarmament. I think the and found commonality in representing States of America, I respectfully ask point the Senator from Kentucky was the interests of the Nation. I must say that you delay a vote on it, could any- making was that the United States will that in the 15 years I have been privi- one have imagined anything other than consider itself bound to the zero-yield leged now to serve here, representing a response that says: Mr. President, we standard. We will abide. But we know Massachusetts, I have never seen the will concur with the delay, unless it that certain other countries don’t see Senate as personally and ideologically was for stark political reasons? I can’t the treaty that way, don’t interpret and politically divided and willing to fathom this one. I can’t fathom this. I the language that way. We suspect subvert what we most easily can define wasn’t sure the President should have they have reason to and probably will as the common national interest for sent the letter in the first place. be conducting so-called hybrid nuclear those pure ideological or political rea- If this treaty is defeated and India tests and, second, couldn’t verify sons. And I don’t think that is mere and Pakistan test, we are going to find whether those kinds of tests are con- rhetoric when I say that. ourselves in the ugliest political brawl ducted. As a result, the United States I noticed when Presidents Reagan we have seen in this place since Newt would not be conducting any kind of and Bush were in office, there was a Gingrich left the House. You are going nuclear tests, whereas other countries considerable thirst on the other side of to have Democrats standing up on the would have the capability and, indeed, the aisle for adventures in Granada, floor saying: The reason why India and the motivation to do so. Panama, and Somalia, and the obvious Pakistan have tested is because the Re- I believe that is what the Senator need to respond to the threat in Iraq publicans defeated this treaty and gave was talking about when he talked and the Middle East. But suddenly, a green light. That is not a provable as- about the concept of unilateral disar- with President Clinton, we saw those sertion, but mark my words, we are mament. very people who were prepared to sup- going to hear it. Then the response is Mr. BIDEN. Mr. President, I will take port those efforts, even in a Granada or going to be even more political. a minute to respond. I understand the in a Panama, suddenly people argued We ought to take a deep breath. My point made. We have 6,000 interconti- that Kosovo didn’t have any meaning, mom always said, when you lose your nental ballistic missiles that are on Bosnia didn’t have meaning, and even temper, take a deep breath, count to line right now. The Russians have a Haiti, where there was an incredible in- 10. Not that I have ever lost my temper similar number. After you get by that, flux of refugees and chaos right off our in my life. You can tell I am not at all the numbers drop off precipitously. shore, failed to elicit the same kind of passionate about any of these issues. China is down in the teens. This unilat- responsible international reaction as But let us count to 10. The President of eral disarmament notion or, as ex- we had seen in those prior years. Now, the United States has asked this treaty plained by the distinguished Senator regrettably, this treaty finds itself vote be delayed. It seems to me it is from Arizona, I understand his point, being tossed around as the same kind common courtesy and totally con- but what are we doing? Are we going to of ‘‘political football,’’ to a certain de- sistent with national interests to grant give up? Are we freezing in place the gree. And I think that is unfortunate, that request. fact that we stay at 6,000, and if they and it certainly does not serve the best I will speak to other aspects of this. take the worst case of a stockpile that interests of the Nation. Let me conclude by saying two things: is in atrophy versus the dozen or more Mr. President, preventing the pro- One, to move to a very small tactical that the Chinese have? I mean, come liferation of nuclear weapons is one of nuke on the part of the Russians is an on. Come on. You know, if you told me the most important issues facing the absolute outward admission that they the Chinese had 6,000 nuclear weapons, United States today. Since the end of lack the capability in their minds for MIRV capability, thermonuclear yield, the Cold War, we have made great fighting the conventional war. Twenty or if you told me the Koreans and Liby- strides in reducing the danger to the years ago, we would have paid billions ans had that and the Russians had American people of the vast nuclear ar- of dollars, if the Russians had come to that, then you would have an argu- senal of the former Soviet Union. But us—I say to my friend from Massachu- ment. After the Soviet Union and then the nuclear danger persists, and the job setts who knows a great deal about our allies, it drops off precipitously of nuclear arms control is far from fin- this—we would have been prepared to into double digits, max—max. ished. Multiple nuclear tests detonated vote to pay them $10-, $20 billion if Mr. President, I yield 10 minutes to by India and Pakistan emphasize the they would stop developing interconti- the Senator from Massachusetts. need for greater U.S. leadership on this nental range missiles that had the ca- The PRESIDING OFFICER. The critical issue—not less. pacity to penetrate our airspace and in Chair recognizes the Senator from Mas- In the last week, we have been told all probability hit hardened targets sachusetts, Mr. KERRY. by critics of the CTBT that, for a vari- here. If they had said to us, we won’t Mr. KERRY. Mr. President, I want to ety of reasons, it will increase, rather do that but we are going to build a thank the Senator from Delaware for than reduce the danger from nuclear very small tactical nuke, we would his terrific leadership on this issue proliferation. I believe that a careful have paid them to do that. Now we over the last few days, and for a long examination of the criticism of this hear on this side, if we pass this treaty, period of time. treaty will show that, on balance, it they are going to build tactical nuclear Let me quickly address, if I may, one will enhance—not undermine—U.S. na- weapons that are very small, smaller point. The Senator from Delaware a tional security interests. than the 10,000 they now have and are few moments ago referred to the First, critics argue that, in their de- able to have and legally can have. That strange dynamic that has set in here in sire to conclude a comprehensive test is a very bad thing. That is why we the Senate. I just want to underscore ban, the Clinton administration made should reject this treaty. So we encour- that, if I may, for a moment. key concessions resulting in a flawed age the Chinese to go from 18 to 800 or I grew up, as many of us did, looking Treaty that is worse than no Treaty at 8,000 nuclear weapons that have MIRV at the Senate with a sense of great re- all. Let me say at the beginning that I capability and are thermonuclear in spect and awe for the capacity of the believe the CTBT is far from perfect. I capacity. That is wonderful reasoning. Senate to come together around the am not going to argue with my col- There are legitimate arguments most significant national security leagues on the other side that you against this treaty, which I believe do issues that faced the country. I think can’t find a legitimate point of dis- not rise to the level of being against a all of us always looked at this institu- agreement about the Treaty. I’m not

VerDate Mar 15 2010 21:55 Nov 01, 2013 Jkt 081600 PO 00000 Frm 00022 Fmt 0624 Sfmt 0634 E:\1999SENATE\S12OC9.REC S12OC9 mmaher on DSKCGSP4G1 with SOCIALSECURITY October 12, 1999 CONGRESSIONAL RECORD — SENATE S12351 going to argue with those who don’t resents a dangerous capitulation on ment with the nations in our region like the way a particular compromise our part. To implement and verify a that we will always be one of the 10 na- was arrived at in the treaty, or that zero-yield test ban, we need not be wor- tions representing our region, so we think a particular principle might have ried about distinguishing between a will always have a vote on the Execu- been fought for harder and the absence low-yield test and a medium-yield test tive Council. of victory on that particular principle to determine if the Treaty has been Thirty of the 50 members of the Exec- somehow weakens the overall imple- violated. Any test of any yield is a vio- utive Council must approve an on-site mentation of the Treaty. lation. In this regard, the Treaty’s inspection request. Critics have argued The negotiating record—which has strength is in its simplicity. that it will be very difficult for the been subject to great scrutiny in recent Second, critics argue that we United States to garner the support of days—reflects as many compromises shouldn’t ratify the CTBT because we 30 nations to allow for an on-site in- from the original U.S. position as tri- can’t verify compliance. There has spection. They argue that our tradi- umphs in achieving our objectives. never been an arms control treaty that tional adversaries will use the Execu- There are legitimate reasons for con- is 100% verifiable, and the CTBT is no tive Council to block inspections that cern that we did not achieve all of the exception. We will not be able to detect are necessary to protecting the U.S. original goals of the United States in nuclear tests down to the most minute national interest. negotiating this Treaty. I certainly level of nuclear yield. But we will be It is true that countries such as take to heart Secretary Weinberger’s able to verify that the Test Ban is ac- North Korea, Iran, Iraq and their few admonition that you should not want complishing what it is meant to ac- supporters can be counted on to block the end goal so much that you give up complish: an end to nuclear testing U.S. and other requests for on-site in- certain substance in arriving at that that advances the sophistication of spections. However, most of the na- end goal. I think that is a laudable and current nuclear stockpiles or the devel- tions of the world have no interest ei- very important principle around which opment of new nuclear stockpiles. ther in pursuing nuclear weapons or al- one ought to negotiate. The key to a successful verification lowing their neighbors to pursue them But my colleagues in this body un- system is that a potential violator unchecked, which is why this Treaty derstand better than most the neces- must believe that the risk of getting enjoys such strong support throughout sity of compromise in finding prag- caught is greater than the benefit of the international community. matic solutions to the many difficult the violation. The lower the yield of Rogue nations would have to find problems we face. And the com- the nuclear test, the smaller the support among more than 40 percent of promises we agreed to in the CTBT will chance of detection by seismic means. the Executive Council to block our re- allow us to achieve the nonprolifera- But at the same time, the amount of quest for an on-site inspection. But it tion goals we seek. useful information a nation would get is unlikely that the United States What has often been lost throughout by conducting a low-yield clandestine would not be able to persuade at least this debate is that the United States test would be limited. As a result, a po- 30 members of the merits and impor- enjoys a tremendous technological ad- tential violator would likely decide tance of our inspection request. vantage over the other nuclear powers that the risk of getting caught is The CTBT will give us access to tools in both the sophistication of our weap- greater than the benefit of conducting we otherwise would not have for moni- ons and our ability to maintain them the test. In addition, clandestine test- toring nuclear tests, and an option for reliably. The Administration and the ing will not allow any developing weap- on-site inspection of seismic events Congress initially agreed to seek a test ons program to approach current U.S. that we do not fully understand. De- ban that would permit only the lowest- capabilities. feating the treaty would deny our in- yield nuclear tests, which was soundly For those who are concerned about telligence community the additional rejected by our negotiating partners the danger from low-yield nuclear test- benefits of those additional tools. because it would essentially ensure ing, I would also argue that defeating Third, critics argue that the CTBT that only the United States, with the this treaty will make it more difficult, will not end nuclear proliferation, be- technical capacity the others lack to not less, for the United States to de- cause key countries of proliferation conduct those low-yield tests, would be tect those tests by denying us the ben- concern will not sign or ratify. This is permitted to continue testing its nu- efits of the International Monitoring an important argument, because it clear stockpile. System that will verify the CTBT. The goes to whether this Treaty can accom- As Ambassador Stephen Ledogar— International Monitoring System will plish the fundamental purpose for the head of the U.S. negotiating team— include 50 primary seismic monitoring which it is designed—stopping the pro- testified before the Foreign Relations stations and an auxiliary network of liferation of nuclear weapons. Committee last Thursday, the other 120 stations, 80 radionuclide stations It is true that countries will halt nu- four nuclear powers argued that they for atmospheric measurements, 11 clear testing, or not, based on a cal- needed a higher threshold in order to hydroacoustic stations to detect under- culation of their own national interest. gain any useful data. Russia argued water signals, and infrasound moni- But by creating an international norm that, if a testing threshold were to be toring as well. This system will be aug- against nuclear testing, the CTBT will established for the five nuclear powers, mented by the very powerful national add a powerful factor in a rogue na- it should allow for nuclear yields of up intelligence-gathering technologies tion’s assessment of whether its na- to ten tons of TNT equivalent, hardly a currently operated by the U.S. and oth- tional interest will be helped or level that constituted an effective test- ers. harmed by the conduct of a nuclear ing restriction. The CTBT also allows any state weapon. A nation that chooses to test Our negotiators quickly rejected that party to request an on-site inspection will face considerable costs to its polit- idea, and President Clinton decided the of a questionable seismic event. The ical, economic and security interests. best way to resolve the impasse and Treaty calls for on-site inspection re- U.S. ratification of the CTBT will lay protect U.S. interests would be to pur- quests to be submitted to the Execu- the basis for universal enforcement of sue a policy of zero-yield—a ban should tive Council of the CTBT Organiza- the Treaty, even against the few na- be a ban. The Russians were not happy tion—the body charged with imple- tions that may not sign. with this proposal, but eventually were menting the Treaty—along with sup- The CTBT is a critical component of persuaded to accept a total ban on any porting data, collected either from the broader U.S. strategy on nuclear non- nuclear test that produced any nuclear monitoring and data mechanisms es- proliferation, which has the Nuclear yield. tablished under the Treaty or from na- Non-Proliferation Treaty (NPT) at its Clearly, the United States would tional technical means. The Executive core. In 1995, states parties to the NPT have been better off if we had been able Council will have representatives from agreed to extend that Treaty indefi- to negotiate a test ban that allowed us every region, and nations within each nitely, in large part based on the com- to continue testing. But it is ridiculous region will rotate membership on the mitment of the declared nuclear weap- to argue that, because the CTBT does Executive Council on a set schedule. ons states to conclude a CTBT. The not protect the U.S. advantage it rep- The United States has reached agree- failure of the United States to ratify

VerDate Mar 15 2010 21:55 Nov 01, 2013 Jkt 081600 PO 00000 Frm 00023 Fmt 0624 Sfmt 0634 E:\1999SENATE\S12OC9.REC S12OC9 mmaher on DSKCGSP4G1 with SOCIALSECURITY S12352 CONGRESSIONAL RECORD — SENATE October 12, 1999 the CTBT will seriously undercut our the capacity to continue to show lead- nuclear weapons will relate to the ability to continue our critical leader- ership with India and Pakistan, the ca- many mechanical and electrical com- ship role in the global nuclear non-pro- pacity to set up a process with China ponents of the warhead, and the CTBT liferation regime. before the Chinese test in a way that does not restrict testing on these non- Formal entry-into-force of the Trea- gives them the ability to translate the nuclear components. Moreover, we ty requires ratification by the 44 coun- information stolen—referred to in the have already proven that we can make tries that have nuclear power reactors Cox commission report—into a real modifications to existing designs with- or nuclear research reactors and are threat to the United States? out nuclear testing. In 1998, we cer- members of the Conference on Disar- That seems to me to be a very simple tified the reliability of the B–61 Mod 11, mament. And in my mind, it is alto- proposition. The Cox Report, and oth- which replaced an older weapon in the gether appropriate that a treaty ban- ers, all acknowledge that at this point stockpile, without conducting a nu- ning the testing of nuclear weapons re- in time China has not created a new clear test. quires the participation of all the nu- weapon or changed its nuclear capac- Looking to the future, the center of clear-capable states before it can enter ity, using our information. And we U.S. efforts to maintain our nuclear into force. Of those 44, 41 have signed know that, in order to do so, using on stockpile is the Science Based Stock- the CTBT, and 23 have ratified. All of our information, they have to test. pile Stewardship program, initiated by our allies have signed the Treaty. Rus- China has signed the treaty, and is pre- President Clinton in 1992. This 10 year, sia and China have signed the Treaty. pared to adopt the restraints of this $45 billion program has four major ob- Only India, Pakistan and North Korea treaty. Those who argue that we are jectives: to maintain a safe and reli- have not signed. better off allowing China the window able stockpile as nuclear weapons age; Now, some have argued that the to go out and test and now profit from to maintain and enhance capability to United States should be in no hurry to what it has stolen elude all common replace and certify nuclear weapons ratify the Treaty, that we should wait sense, in my judgment. How would the components; to train new weapon sci- until Russia, China, India, Pakistan United States be better off with a entists; and to maintain and further and North Korea have ratified. They China that is allowed to test and trans- develop an operational manufacturing worry that the United States will for- late the stolen information into a bet- capability. feit its ability to conduct nuclear tests ter weapons system? That is not an- And it is already working. Since our with no guarantee that the countries swered on the floor of the Senate. But last test in 1992, the Secretaries of De- we are most concerned about will make some argue that that is the way they fense and Energy and the Commander- the same commitment. But the United would like to proceed. in-Chief of Strategic Command have States has already concluded that we U.S. ratification of the CTBT won’t certified 3 times (and are about to cer- do not need to conduct nuclear tests to end nuclear proliferation, but U.S. re- tify for the fourth time) that the U.S. maintain our vast nuclear superiority. jection of the Treaty undermine the nuclear stockpile is safe and reliable. No one on the other side of the aisle It is only in the distant future—2010 is arguing we should go out and test to- credibility of U.S. leadership on non- perhaps, but we don’t know the answer morrow. Why? Because we don’t need proliferation, which will jeopardize to this yet—that conceivably the phys- to test tomorrow. We don’t need to test U.S. work to prevent North Korea from ics package of a nuclear weapon might next year. We don’t need to test for the developing nuclear weapons, to elimi- provide the level of deterioration that foreseeable future, according to most nate weapons of mass destruction in might not be able to be replaced with scientists in this country, because we Iraq, and to block the sale of sensitive totally new parts and therefore might don’t test the nuclear explosion itself technologies that could contribute to somehow lessen our nuclear deterrent for the purpose of safety and for mak- proliferation. capacity. To enable us to respond to ing judgments about the mechanics of Finally, critics argue that the United such a situation, President Clinton has both the electrical and mechanical States will not be able to maintain a parts of a nuclear warhead. reliable nuclear deterrent without nu- established six Safeguards that define The CTBT binds us to a decision we clear tests. I take very seriously the the conditions under which the U.S. have already made, because it is in our argument that, without nuclear test- will remain a party to the CTBT. national interests to stop testing. And ing, the credibility of the U.S. nuclear Presidential Safeguards A through F, if, at some point down the line, it be- deterrent will be undermined. The se- as they are known, outline the U.S. comes necessary to resume testing to curity of the American people—and the commitment to maintaining a science- preserve the reliability of our nuclear security of our friends and allies based stockpile stewardship program to deterrent, we can withdraw from the around the world—depends on main- insure a high degree of confidence in Treaty to do so. taining the credible perception that an the reliability of the U.S. nuclear Clearly, we want countries like India act of aggression against us will be met stockpile. The final safeguard, Safe- and Pakistan to ratify the Treaty and with an overwhelming and devastating guard F, states U.S. policy—as em- commit themselves to refraining from response. If I thought for a minute that bodied in the official negotiating nuclear testing. Aren’t we more likely U.S. ratification of the CTBT would record of the CTBT—that, if the Presi- to convince them to do this if we our- undermine this deterrent, I would dent is advised that the safety or reli- selves have already ratified the Trea- not—I could not—support it. ability of the U.S. nuclear stockpile ty? As Secretary Albright correctly In fact, the United States has today can no longer be certified, the Presi- pointed out on Thursday, waiting is and will continue to have in the future dent, in consultation with the Con- not a strategy. During the debates on high confidence in the safety, reli- gress, will withdraw from the CTBT the Chemical Weapons Convention, ability and effectiveness of our nuclear under the ‘‘supreme national interests’’ there were those who advocated taking stockpile. This confidence is based on clause of the Treaty. this passive approach to protecting our over 50 years of experience and analysis Now, critics of this Treaty have sug- interests. But in fact, after the United of over 1,000 nuclear tests, the most in gested that a future President, upon States ratified the CWC, Russia, China, the world. learning from his Secretaries of De- Pakistan, Iran and Cuba followed our Most of the nuclear tests the United fense and Energy that the nuclear lead. The best chance for achieving the States has conducted have been to de- stockpile can not be certified, and upon nonproliferation goals of the CTBT is velop new nuclear weapons; for the confronting all the scientific data that for the United States to lead. If the most part, we use non-nuclear tests to tells him our nuclear deterrent is erod- Senate were to reject the Treaty, inter- ensure the continued reliability of our ing, will somehow fail to act—fail to national support for the test ban would nuclear arsenal. invoke the ‘‘supreme national inter- be gravely undermined, and countries This is a key point—even with no est’’ clause—and withdraw the United like India and Pakistan would have no test ban, the United States would not States from the Treaty. I ask my col- reason to refrain from continued test- rely primarily on detonating nuclear leagues, Is there one among us who, ing. explosions to ensure the safety and re- when confronted with this information, Aren’t we better off with a treaty liability of our nuclear stockpile. Most would hesitate to act? When the Con- that gives us the capacity to monitor, of the problems associated with aging gress is informed of the status of the

VerDate Mar 15 2010 21:55 Nov 01, 2013 Jkt 081600 PO 00000 Frm 00024 Fmt 0624 Sfmt 0634 E:\1999SENATE\S12OC9.REC S12OC9 mmaher on DSKCGSP4G1 with SOCIALSECURITY October 12, 1999 CONGRESSIONAL RECORD — SENATE S12353 nuclear arsenal—and those reports are that the United States will continue to Mr. LIEBERMAN. Mr. President, I given in full to the Congress—is there lead on international efforts to reduce thank my friend from Delaware. anyone who doubts that the Congress the nuclear danger. We also face the As I have listened to my colleagues would immediately demand that the prospect of acting too soon, after too during this debate, I feel as if the Sen- White House take action to protect our little time for deliberation, and send- ate has backed itself at least into a nuclear deterrent? ing a signal that the United States can procedural corner in the midst of a pol- Surely, the critics of this Treaty who no longer be counted on to stand icy disagreement. doubt that a President could find the against the forces of nuclear prolifera- This is not the first time this has political will to withdraw the United tion. happened in the history of the Senate— States from the CTBT when our ‘‘su- It seems to me that when the Presi- not even in the 101⁄2 years I have been preme national interests’’ are at stake dent of the United States makes a re- here. But this is one of the most con- aren’t suggesting that there is a con- quest in the interest of our Nation to sequential times we have done so. For fluence of political factors that could the Senate to delay a vote, it is only it seems to be a combination of reasons possibly place the sanctity of a treaty politics that would drive us to have that are part ideological, part partisan, above the sanctity of the lives of the that vote notwithstanding that re- and part just plain personal. I hope we American people. No one can tell me quest. can find a way to work ourselves out of that any President of the United My plea would be to my colleagues in this corner because the stakes here are States is going to diminish the real na- the Senate that we find the capacity to high. tional security interests of this coun- cool down a little bit, to have a vote As the debate has been going on, I try against some desire to keep a trea- that delays the consideration of this have been thinking about the two big ty in effect for the sake of having a treaty so that we may proceed to an- debates that have occurred here in the treaty if, indeed, doing so will threaten swer properly each of the questions decade that I have been privileged to the real interests of this Nation. raised by those who oppose it, and, if serve in this body. One was the gulf U.S. ratification of, and adherence need be, make changes that would not war debate and the other was the Mid- to, the CTBT will not jeopardize our send the message that the United dle East peace accords, the Oslo ac- nuclear deterrent, because the United States of America is rejecting outright cords. States does not today, and will not to- this opportunity to embrace a policy I think of the gulf war debate be- morrow, rely on nuclear explosions to that from Eisenhower on we have cause I remember as President Bush dispatched a half million troops to the ensure the safety and reliability of our fought to try to adopt. gulf that I was dismayed at how the re- nuclear stockpile. We have embarked I hope that the leadership of the Sen- action to that act by President Bush on a high-tech, science-based Stockpile ate on both sides of the aisle can be was dividing along partisan lines. It Stewardship Program that will allow prevailed upon to prevent a tragic didn’t seem like a partisan question to the United States to maintain the su- misstep that I fear will have grave con- me. People could have good faith opin- periority of its nuclear arsenal. And in sequences for the strategic interests of ions on both sides, but the opinions the event that we can not certify the the United States and our friends and allies. were not based on party affiliation. reliability of our nuclear deterrent, we The PRESIDING OFFICER. Who I have the same feeling as I listen to have given notice to our negotiating yields time? this debate, and watch the lines partners that we will not adhere to the Mr. HELMS. Mr. President, par- harden. Something unusual and unset- CTBT at the expense of our supreme liamentary inquiry, please. Somewhere tling has happened to our politics when national interests. down the line we are going to find it party lines divide us so clearly and to- So, in effect, we are talking about wise to yield back time. That would tally on a matter of national security. what we could achieve by passing this not forbid a Senator on this side from That is not the way it used to be in the treaty and showing leadership on the suggesting the absence of a quorum or Senate. And that is not the way it subject of implementing an inter- any other routine motion of the Sen- ought to be. national regime of monitoring and of ate. Is that correct? The same is true of the procedural di- nonproliferation, versus continuing the The PRESIDING OFFICER. That is lemma to which we have come. We completely uncontrolled capacity of not correct. The Senator would have to have a President—and those of us who nations to provide a true threat to the have debatable time left or there would support this treaty—acknowledging United States. have to be a nondebatable motion. that the votes are not there to ratify it Mr. President, critics of this Treaty There would have to be debatable time now. That says that the opponents of argue that the United States today left or there would have to be a non- the treaty have won for now. faces too many uncertainties in the debatable motion before a Senator So why push for the vote? If the realm of nonproliferation to commit would be able to suggest the absence of President of the United States has ourselves to a leadership position on a quorum. asked that it be delayed because of his the CTBT. I can not speak to those un- Mr. HELMS. Very well. I thank the fear of the consequences of a vote fail- certainties, but of the following, I am Chair for the information. ing to ratify on nuclear proliferation, absolutely certain: if the Senate re- The PRESIDING OFFICER. Who this is not political. This goes to the jects the Comprehensive Test Ban yields time? heart of our security and the hopes and Treaty, there will be more nuclear The Senator from Delaware. fears we have for our future and our tests conducted around the world, not Mr. BIDEN. Mr. President, I say to children’s future. fewer, and we will be no better my colleagues on the Democratic side But I will say if there is one thing, in equipped than we are today to detect who want to speak on this treaty, if I my opinion, that would be worse than and monitor those tests; the U.S. nu- am not mistaken, there is less than 1 going ahead and voting, even though clear arsenal will not be made more re- hour—approximately 1 hour—left under we know those who oppose ratification liable—and other nuclear nations will the control of the Senator from Dela- of the treaty have won. That would be have the freedom to conduct the nec- ware, and 13 Members wish to speak to for us as a majority to voluntarily say essary tests to bring their weapons on it; and, further, if my Republican col- that we will prohibit the President or a technological par with our own, un- leagues conclude that they wish to ourselves from raising the question of dermining the strength of our nuclear yield back their time, the time is going this critical and progressive treaty deterrent; and finally, the American rapidly as we approach this vote. I urge again for the next year and a half. I people will be more vulnerable, not Senators, if they wish to speak, to be think to do that would send an even less, to the nuclear danger, because we prepared, as my friend from the State worse signal to India, to Pakistan, to will have undercut more than 30 years of Connecticut is, to speak for 5 min- China, and to Russia. of work to build and fortify inter- utes. Let’s keep the hope of a more secure national norms on nuclear non- I yield 5 minutes to my friend from world alive. Let’s acknowledge that we proliferation. Connecticut. have a common goal. The Senate has before it today an op- The PRESIDING OFFICER. The Sen- Is anybody for nuclear proliferation? portunity to send a signal to the world ator from Connecticut. Don’t we all agree that the atmosphere

VerDate Mar 15 2010 21:55 Nov 01, 2013 Jkt 081600 PO 00000 Frm 00025 Fmt 0624 Sfmt 0634 E:\1999SENATE\S12OC9.REC S12OC9 mmaher on DSKCGSP4G1 with SOCIALSECURITY S12354 CONGRESSIONAL RECORD — SENATE October 12, 1999 is cleaner and the likelihood of nuclear from the opponents and proponents; is These three leaders—Prime Minister proliferation less if nations can’t test? that right or wrong? Chirac of France, Prime Minister Blair Can’t we find a way across party lines The PRESIDING OFFICER. It takes of Britain, and Chancellor Schroeder of to do what we have done with other unanimous consent to be charged Germany—wrote in an OpEd article in treaties—to adopt reservations or safe- equally. Otherwise, the time will be the New York Times last Friday that, guards or conditions which allow charged against the side which sug- ‘‘Failure to ratify the Comprehensive enough of us to come together to ratify gests the absence of a quorum. Test Ban Treaty will be a failure in our this treaty? Why are we heading to- Mr. BIDEN. I thank the Chair. struggle against proliferation. The sta- ward a wall from which there will be no Mr. President, I yield 10 minutes to bilizing effect of the Non-Proliferation good return and no good result? the Senator from Massachusetts, Mr. Treaty, extended in 1995, would be un- I have also been thinking of the Mid- KENNEDY. dermined. Disarmament negotiations dle East peace accords and the Oslo ac- Mr. KENNEDY. Mr. President, this would suffer.’’ They also go on to say may be one of the most important de- cords because I remember what Prime that, ‘‘Rejection of the treaty in the bates the Senate will have in this re- Minister Rabin said. Senate would remove the pressure from cent time. In my view, the ratification If you are strong you can take risks for other states still hesitating about of the Comprehensive Test Ban Treaty peace. whether to ratify it. Rejection would is the single most important step we We are the strongest nation today in give great encouragement to can take today to reduce the danger of the history of the world. When it comes proliferators. Rejection would also ex- nuclear war. Surely we are in no posi- to strategic nuclear weapons, we are pose a fundamental divergence within tion to hold a premature vote today or dominant. We have more than 6,000. If, NATO.’’ tomorrow on this. tragically, for whatever reason, a few Our relationship with our most valu- After 2 years of irresponsible of them don’t work we have such—in stonewalling, the Senate has finally able allies is on the line. It would be the marvelous term of the Pentagon— begun a serious debate on this treaty. the height of irresponsibility for the ‘‘redundancy’’ that we have thousands This debate should be the beginning— United States Senate to send the world of others that we can rely on in the not the end—of a more extensive and a message that we don’t care if other dreadful occasion that we might need thoughtful discussion of this extremely nations test nuclear weapons, or de- to use them. important issue. The stakes involved in velop their own nuclear arsenals. Sure- This treaty promises to freeze our ad- whether to ratify or reject this treaty ly, the risks of nuclear proliferation vantage in nuclear weapons. Since we are clear. Our decision will reverberate are too great for us to send a message are the strongest nation in history and throughout the world, and could very like that. this treaty may well make us more well determine the future of inter- The United States stopped con- dominant in the crucial, terrible arena national nuclear weapons proliferation ducting nuclear tests in 1992. Doing all of nuclear weapons, why would we not for years to come. we can to see that other nations follow want to take the risk of ratifying this We have a unique opportunity to help suit is critical for our national secu- treaty? It is, in my opinion, a very end nuclear testing once and for all. rity. Russia and China have both indi- small risk for increasing peace and se- The United States is the world’s pre- cated that they are prepared to ratify curity for all—for our children, for our miere nuclear power. The Comprehen- the Treaty if the U.S. ratifies it. If the grandchildren. If we decide that testing sive Test Ban Treaty locks us into that Senate fails to ratify it, the likely re- is once again required by the United position. No other nations have the ca- sult is a dangerous new spiral of nu- States in pursuit of our national inter- pability to assure that their nuclear clear testing and nuclear proliferation. ests, that option is protected. The trea- arsenals are safe and reliable without Many of my colleagues have spoken ty language is very clear: We can—and testing. We have that capability now, about the fact that there is no guar- I am sure we will—withdraw. and the prospects are excellent that we antee about this Treaty. I argue that My appeal in closing is to say, Can’t can retain that capability in the fu- there is one guarantee—if we fail to we find a way to come back to some ture. ratify the Treaty, the consequences are sense of common purpose and shared Over the past 40 years, we have con- grave, and could be catastrophic for vision of a future? Both sides have said ducted over 1,000 nuclear tests. We cur- our country and for all nations. on the floor that nuclear proliferation rently have extensive data available to Last week, we held hearings in the is one of the great threats to our fu- us from these tests—data that would Armed Services Committee on the ture. We are hurtling down a path, as provide us with an inherent advantage Treaty, and I commend the distin- this dreadful power spreads to other under the Treaty. As Hans A. Bethe, guished Chairman and Ranking Mem- countries of the world, many of them the Nobel Prize winning physicist and ber of that Committee for taking the rogue nations, where we cannot rely on former Director of the Theoretical Di- lead on this extremely important issue. the bizarre system of mutual assured vision at Los Alamos Laboratory, stat- We listened to expert witnesses on both destruction that saved the United ed in an October 3 letter to President sides of the aisle, as they presented tes- States from nuclear war during the Clinton, timony on the Treaty and the Stock- cold war. If an accident becomes more Every thinking person should realize that pile Stewardship Program. likely, the consequences will be dread- this treaty is uniquely in favor of the United General Shelton, the Chairman of the ful. Can’t we find a way to avoid good States. We have a substantial lead in atomic Joint Chiefs of Staff, testified that it old-fashioned gridlock, which is surviv- weapons technology over all other countries. was the unanimous conclusion of all of able on most occasions in this Senate, We have tested weapons of all sizes and the Joint Chiefs, that the Treaty is in but I think potentially devastating on shapes suitable for military purposes. We our national interest. General Shelton this occasion? have no interest in and no need for further said, ‘‘The CTBT will help limit the de- I appeal to my colleagues on the development through testing. Other existing velopment of more advanced and de- nuclear powers would need tests to make up other side, whether there is or is not a this technological gap. And even more im- structive weapons and inhibit the abil- vote now on this treaty, let’s get to- portantly, a test ban would make it essen- ity of more countries to acquire nu- gether and figure a way we can sit, tially impossible for new nuclear powers to clear weapons. In short, the world will study the matter, talk to people in the emerge. be a safer place with the treaty than Pentagon and people in allied coun- As the foremost nuclear power, other without it, and it is in our national se- tries, and see if we cannot find a way nations look to us for international curity interests to ratify the CTBT.’’ to agree on enough reservations, safe- leadership. We led the negotiations for Some of my colleagues have referred guards, and conditions to come back, this treaty. We were the first of the de- to the Treaty as ‘‘unilateral disar- hopefully next year, and ratify this clared nuclear powers to sign the Trea- mament.’’ This characterization is treaty. ty. Yet, now, because of our inaction grossly inaccurate, both in policy and I yield the floor. and irresponsibility, we have made it in practice. A key element of our ad- Mr. BIDEN. Parliamentary inquiry: necessary for the leaders of three of herence to the Treaty, with the Admin- If we go into a quorum call at this our closest allies to plead with us not istration’s safeguards, is the Stockpile point, the time is taken out equally to defeat the Treaty. Stewardship Program.

VerDate Mar 15 2010 21:55 Nov 01, 2013 Jkt 081600 PO 00000 Frm 00026 Fmt 0624 Sfmt 0634 E:\1999SENATE\S12OC9.REC S12OC9 mmaher on DSKCGSP4G1 with SOCIALSECURITY October 12, 1999 CONGRESSIONAL RECORD — SENATE S12355 Last Thursday, in the Armed Serv- will be far safer from the danger of nu- clear weapon that could destroy tar- ices Committee, each of the directors clear war. gets that were buried very deeply in of our nuclear labs testified about that Voting on the Comprehensive Test the ground, and that Mod-7 version of program. John Browne, the director of Ban Treaty is one of the most impor- the B61 nuclear warhead could not do Los Alamos National Laboratory, said, tant decisions that many of us will that. So without any nuclear test, they ‘‘Through the Stockpile Stewardship ever make. This vote holds profound tested a new system. It is called the program, we intend to demonstrate a implications not only for our genera- Mod-11. That can penetrate the Earth technical excellence in weapons-rel- tion, but for all the generations in the deeply and destroy deeply buried tar- evant science and engineering that will future. It makes no sense to risk a pre- gets. project confidence in our nuclear capa- mature vote now that could result in This picture illustrates an important bility. This technical excellence will be rejection of the Treaty. As the poet fact. You can test nearly everything in evident in our unclassified publications Robert Frost pointed out, ‘‘Two roads a nuclear weapon so long as you do not and presentations at scientific con- diverged in a wood’’—and the one we put enough nuclear material in it to ferences. Other countries will see these take may well make all the difference cause an uncontrolled chain reaction. accomplishments and will understand between peace and nuclear war. We did not set off this bomb, but we did their connection to the quality of our I reserve the remainder of my time test the bomb. You can take the pluto- weapons programs.’’ With the Stock- and yield it back to Senator BIDEN. nium out of the bomb, and put uranium pile Stewardship Program, we will still The PRESIDING OFFICER. The in the bomb, and you can test it. It just be able to maintain a powerful nuclear Chair recognizes the Senator from doesn’t set off this uncontrolled chain Delaware. deterrent. reaction. So this idea that we cannot Mr. BIDEN. Mr. President, I will Critics argue that the Treaty’s not change anything in our arsenal if we yield myself 5 minutes. 100 percent verifiable. In reality, the The argument has been made that sign on to this is simply not correct. By the way, the JASON Group, which Treaty enhances our current ability to the United States will not be able to is the most prestigious group of nu- monitor nuclear testing worldwide. It modernize its deterrent arsenal to clear scientists in the United States of establishes an International Moni- meet new threats or encounter new toring System, which creates a global technologies under the Strategic America, studied this, and they said network of 321 testing monitors. We Stockpile Stewardship Program, and the Strategic Stockpile Stewardship would get all of the benefits of this that is why some of my colleagues are Program can maintain all of our sys- larger system and only have to pay 25 saying we cannot go ahead with this tems. One particular member of that percent of its total cost. The Treaty treaty. group, testifying before the committee, also establishes an on-site inspection I want to make it clear, the test ban Dr. Garwin, points out that we can system. Perhaps most important, it treaty does not prevent us from adapt- even exchange entire physics packages; will hold other nations accountable for ing most operational characteristics of that is the plutonium and that sec- their actions, and require them to pro- a nuclear weapons system to changing ondary package, that device that ex- vide explanations for suspicious con- military missions, should we determine plodes it, that blows up. In my visual duct. we have to do that. Many important image of it, the best way to explain it, We also have a safety valve in the parts of a nuclear weapon can con- as I was trying to explain it to my Treaty—Safeguard F. The Administra- fidently be developed, tested, and inte- daughter who is a freshman in college, tion didn’t send this Treaty to the Sen- grated into nuclear weapons without what happens is you get this pluto- ate as a stand-alone document. They any nuclear tests because they do not nium, and you have to have something sent it here with six Safeguards under involve changes in the primary or sec- to ignite it, set it off. So there is a sec- which, and only under which, the ondary components of the warhead; ondary explosion that takes place, and United States will adhere to the Trea- that is, the so-called physics package. it shoots all these rods into this pluto- ty. Dr. Paul Robinson, the Director of nium at incredible speeds. As Safeguard F states, adherence to the Sandia National Laboratory, told I yield myself 2 more minutes. the Treaty is explicitly conditioned on: the Armed Services Committee on What happens is it detonates the . . . the understanding that if the Presi- Thursday night: weapon, this chain reaction starts, and dent of the United States is informed by the Adapting deployed nuclear designs to new you have a thermonuclear explosion. Secretary of Defense and the Secretary of delivery systems, or even other delivery The question has been raised whether Energy that a high level of confidence in the modes, is not constrained by the elimination or not, if we figured out that this plu- safety or reliability of our nuclear weapons of nuclear yield testing. tonium was no longer either stable or can no longer be certified, the President, in functional or was not reliable, could consultation with Congress, can withdraw Let me put this in ordinary English. from the Treaty. We keep being told here what has hap- you take out of the warhead the thing pened is, if we sign on to this treaty that makes it go boom, the thing that The importance of this safeguard without this Stockpile Stewardship causes the chain reaction, the thermo- cannot be overstated. It ensures that Program being fully completed, we are nuclear explosion, and put a new pack- we will be able to do what is necessary going to put ourselves at great dis- age in? Dr. Garwin says you sure can to maintain our nuclear arsenal. do that, without testing, without nu- President Kennedy, in his address to advantage, amounting to nuclear disar- clear tests. American University on June 10, 1963, mament; we will not be able to mod- ernize our systems, and our systems This year, the first W–87—that is an- spoke about the issue of verification other warhead—life extension unit was while discussing the Limited Test Ban are going to atrophy. Dr. Robinson, the Director of Sandia, assembled in February for the Air Treaty. He said, went on to describe a prominent suc- Force at the Y12 plant in Oak Ridge. It No treaty, however much it may be to the cess in the Stockpile Stewardship Pro- met the first production milestone for advantage of all, however tightly it may be worded, can provide absolute security gram that is working now. We have the W–87 life extension. against the risks of deception and evasion. nine deployed systems, nine different These are major milestones and suc- But it can—if it is sufficiently effective in kinds of nuclear bombs. One of them is cesses in the Stockpile Stewardship its enforcement and if it is sufficiently in the the B61 Mod-7 strategic bomb. That Program. I might add, as my friend interests of its signers—offer far more secu- was adapted without any nuclear tests. from Massachusetts knows, nobody is rity and far fewer risks than an unabated, I have a photograph of that I will suggesting we start to test now—no- uncontrolled, unpredictable arms race. hold up now. That is a B–1 bomber. body that I am aware of. I should not These words still hold true today. That red missile that is being dropped say nobody. Nobody I am aware of. The risks posed by ratification of the out of the belly of that bomber is a There may be somebody suggesting it. Comprehensive Test Ban Treaty pale in change in the B61 Mod-7 to a B61 Mod- Preservation of the option of modern- comparison to the risks posed if we re- 11, in response to a different require- izing U.S. nuclear weapons to counter ject it. We have the opportunity, with ment. emerging defensive technologies, the this treaty, to open the door to a world What was the different requirement? phrase you hear, does not require ongo- without nuclear testing—a world that The military said they needed a nu- ing nuclear testing. The most likely

VerDate Mar 15 2010 21:55 Nov 01, 2013 Jkt 081600 PO 00000 Frm 00027 Fmt 0624 Sfmt 0634 E:\1999SENATE\S12OC9.REC S12OC9 mmaher on DSKCGSP4G1 with SOCIALSECURITY S12356 CONGRESSIONAL RECORD — SENATE October 12, 1999 countermeasures would involve group of non sequiturs that end up and withdraw from the Treaty pursuant to changes to the missile and its reentry leading to a conclusion that makes no Article IX (2) of the Treaty in order to con- system, not to the nuclear explosive. sense. duct whatever testing might be required. It is a red herring to suggest if we The Senator has been here longer It is pretty strong. sign on to this treaty, we are locking than I. Can he imagine, if we vote this Mr. KENNEDY. I thank the Senator. ourselves into a system that is decay- treaty down and other nations begin to It is about as clear as can be. I see our ing and moving into atrophy and we test, and those who voted it down are ranking member of the Armed Services are going to find ourselves some day saying, by doing that, we think the Committee ready to speak, but I wel- essentially unilaterally disarmed. That United States should be able to test, come again the comments of the Sen- is a specious argument. can you imagine this or future Con- ator from Delaware about the risks to Mr. KENNEDY. Will the Senator gresses coming up with $45 billion to our international position if we fail to yield for a question? perfect a Stockpile Stewardship Pro- ratify or defeat the CTBT in terms of Mr. BIDEN. I will be happy to yield. gram which purpose and design is to security and stability around the world Mr. KENNEDY. There were some avoid nuclear testing, to spend $45 bil- and the continued possibility of nu- questions raised in the Armed Services lion for the redundancy? Can the Sen- clear testing over time. Committee. ator imagine us doing that? As a member of the Armed Services The PRESIDING OFFICER. The Sen- Mr. KENNEDY. I certainly cannot. Committee, I am pleased that we held ator’s 2 minutes have expired. The Senator has put his finger on one narrowly focused hearings on the many Mr. BIDEN. I yield time to the Sen- of the many reasons for supporting the national security implications of this ator. Stockpile Stewardship Program which treaty. It is important that we nar- Mr. KENNEDY. What assurances will is to give the necessary assurances rowly focused our attention on our own we have that there will be continued that funding for maintaining our weap- national security issues. But, these funding for the Stockpile Stewardship ons stockpile will be there year after broader international security issues Program? I imagine that the Senator year. This was something I noted was a are powerful, and in rereviewing and agrees, if this is indeed a concern, that concern during the course of our hear- reading again the letters, statements, we would be glad to make funding for ings—this question about the need for and editorials sent in opposition to the the Stockpile Stewardship Program adequate funding. And, the Senator has Treaty, I think the importance of the mandatory. And, I doubt that there responded to that concern. There is broader international security issues, would be any hesitancy, on the part of broad support, certainly on our side or of further testing by other countries, our colleagues, to get broad support for for those who support this treaty, for and what the implications are going to this in the Senate, if that was what giving the assurance that funding be has been missed. I know the Senator was needed so that ensuring funding would be there. It is just one more of addressed those, but I hope before we for this important program wasn’t an the arguments made by those who op- get into the final hours of this debate issue or a question. pose this treaty that has now been re- the Senator from Delaware will review Many of the witnesses at the hear- butted. I thank the Senator. that for the benefit of the membership. ings said: ‘‘How do we know there will Mr. BIDEN. I thank the Senator for be continued funding? They may very Mr. BIDEN. Mr. President, I say to his response. I will raise this when we my friend from Massachusetts, this is well cut back that program.’’ Is this get to the amendments. I wish to point another area about which the Senator another part of the circular reasoning. out there is one other ultimate safe- What I heard this morning on the floor is concerned, that we don’t know guard. The ultimate safeguard is in the whether, year-to-year, the funds will be and heard all day on Friday went like amendment, our last provision, which this: Without us being able to test, our available for the Stockpile Steward- says, if, in fact, we do not fund the ship Program. 6,000 strategic nuclear weapons are stockpile and that causes the labora- going to become unreliable—which is Can he give us some insight about his tory Directors to say, ‘‘We cannot cer- own thinking on how we can give as- ridiculous in my view. I strike the tify,’’ and that means the Secretary of word ‘‘ridiculous.’’ Which is highly un- surances to the lab directors that there Energy says, ‘‘We cannot certify,’’ the will be adequate funding for that pro- likely. I am trying to be polite. It is President of the United States, upon hard. gram in the future? that determination, must withdraw Then they say because it is going to Mr. BIDEN. The Senator, as usual, from the treaty and allow us to begin become unreliable, two things are puts his finger on one of the incredible to test. I am amazed at the arguments going to happen. One is that our allies flaws in our opponents’ reasoning. that are being made on the other side. are going to conclude that our deter- They engage in circular reasoning. It Mr. KENNEDY. If the Senator will rent is no longer credible and, there- goes like this: Without spending money yield on that question, so the amend- fore, they are going to lose faith in us. on the Stockpile Stewardship Program, ment makes a change to the safeguards What they are then going to do is de- roughly $4.5 billion a year for 10 years, and makes this a mandatory require- cide—Japan and Germany, which are we will not be able to attain, when the ment on the President to exercise the nonnuclear powers—to become nuclear shelf life of these weapons is reached 10 Supreme National Interest if the stock- powers, and we are going to be esca- years out or more, a degree of cer- pile cannot be certified? lating the arms race by passing this tainty that they are reliable and safe. Mr. BIDEN. Yes. You say: OK, we will fund it; we are Mr. KENNEDY. And, that is the treaty. for it, and the President sends up that measure that is going to be advanced The same day in an unprecedented number. by the leadership, yourself included, to move, to the best of my knowledge, the Then they say: But we have a prob- be a part of the Resolution of Ratifica- leader of Germany, the leader of lem. Our Republican friends in the tion? France, and the leader of Great Britain House won’t vote for that much money, Mr. BIDEN. That is correct. By the sent an open letter to the Senate say- and we had to fight too hard to get it way, it is much stronger than any ing: We, Germany, Japan, and France, and they probably won’t do it next President wants. It is section (E) of the have ratified this treaty. We strongly year. The reason why, they go on to amendment we sent. I will read it to urge you, the Senate, to ratify this say, I am against this, although I think the Senator: treaty in the interest of your country if we funded it, it would work and it Withdrawal from Treaty.—If the President as well as ours. would make sense, is my Republican determines that nuclear testing is nec- One of those signatories was the colleagues in the House probably won’t essary— Chancellor of Germany, the very coun- fund it; therefore, I can’t be for this The antecedent to that is the lab Di- try my friends on the other side say, if treaty because you guys are not fund- rectors say it— we pass this treaty, Germany will go ing the stockpile. to assure, with a high degree of confidence, nuclear. I guarantee—I cannot guar- I find that absolutely fascinating, the safety and reliability of the United antee anything. I will bet—I guess I am but it is the circular reasoning which is States nuclear weapons stockpile, the Presi- betting my career on this one—I will being engaged. It strings together a dent shall consult promptly with the Senate bet you anything that if we turn down

VerDate Mar 15 2010 21:55 Nov 01, 2013 Jkt 081600 PO 00000 Frm 00028 Fmt 0624 Sfmt 0634 E:\1999SENATE\S12OC9.REC S12OC9 mmaher on DSKCGSP4G1 with SOCIALSECURITY October 12, 1999 CONGRESSIONAL RECORD — SENATE S12357 this treaty and it is clear that it can- mittee, the Senator from Michigan, superpower—nuclear or otherwise. We not be revived, within a decade Ger- Mr. LEVIN. should behave with the realization that many and Japan are likely to be nu- The PRESIDING OFFICER. The our actions today are going to affect clear powers, particularly Japan, be- Chair recognizes the Senator from the rest of the world, including the di- cause what is going to happen is, India Michigan. rection they go in terms of non- and Pakistan are going to continue Mr. LEVIN. I thank my good friend proliferation. testing. They will not sign this treaty. from Delaware. I thank him also for As I said, I would not care if every They say they will sign it now if we do. the leadership he has shown, both on country in the world signed or ratified They will not sign the treaty. As India the floor and off the floor, in trying to this treaty if it was not in our security tests more and they move to deploy- bring this treaty to hearings before the interests. I think we ought to listen, ment, China will test more. Foreign Relations Committee, so that we ought to understand what the rest China will test in order to determine the full Senate could look at the pros of the world is saying to us, we ought whether or not they can build smaller, and cons of this in a deliberative way. to remember our own commitments. lighter thermonuclear devices where I start with a reference that Senator We signed up to the indefinite exten- multiple numbers can be put on mis- BIDEN made to three of our good al- sion of the nonproliferation treaty, and siles. They will move from 18 nuclear lies—France, Germany, and Great Brit- made a commitment to the world to weapons to God knows how many. Then ain. The chairman of the Foreign Rela- conclude a comprehensive test ban Japan, sitting there in the midst of tions Committee is here and perhaps he treaty. We should remember our own that region, is going to say, mark my will recollect otherwise; and I would commitments. We should consider words: We, Japan, have no choice but trust his recollection on this, if he what our allies and the rest of the to become a nuclear power. does—but I cannot remember when world are saying to us. But if it were We have spent 50 years of our stra- three of our closest allies’ leaders have not in our own security interest, I tegic and foreign policy initiatives to addressed a direct plea to the Senate. would not recommend that we ratify make sure that does not happen. But At least in the 20 years I have been the treaty. that is what will happen. So now, at here, I do not remember a letter com- But we should surely listen to our the end of the day, are we likely to be ing in from the Chancellor of Germany top military leaders as to what they more secure 15 years from now with the and the President of France, and the recommend to this Senate? What does scenario I paint? Which is more likely? Prime Minister of Great Britain plead- the Chairman of the Joint Chiefs of Is it more likely that turning down ing with us to ratify a treaty. That is Staff recommend strongly to the Sen- this treaty is going to turn Japan and how serious the stakes are in this de- ate? He says: Germany into nuclear powers, increase bate. The test ban treaty will help limit the de- the total nuclear capacity of China, The world is looking to the Senate. velopment of more advanced and destructive and move India and Pakistan further Sometimes we say that and believe it weapons and inhibit the ability of more along the nuclear collision path? Is is true; but in this case we say it and countries to acquire nuclear weapons. It is that more likely? know it is true. Because the world has true that the treaty cannot prevent pro- Or is it more likely—which is their signed on both to a nonproliferation liferation or reduce current inventories, but treaty and to a Comprehensive Test it can restrict nuclear weapons progress and worst case scenario—that what is going reduce the risk of proliferation. to happen is we are not going to fund Ban Treaty. the stockpile, we are not going to be There are a few exceptions, obvi- General Shelton said: able, in 10 years, to count on the reli- ously. There are some states which will In short, the world will be a safer place ability of our weapons, the weapons lab not sign any such treaty. But except with the treaty than without it. And it is in for a few rogue nations, the world has our national security interest to ratify the Directors are going to come to the Sec- CTBT. retary of Energy, the Secretary of De- signed on to a nonproliferation treaty Secretary Cohen said the following: fense and say, we can’t certify any and a Comprehensive Test Ban Treaty. more Messieurs Secretaries, and they The world is looking at us, expecting By banning nuclear explosive testing, the go to the President of the United our leadership. treaty removes a key tool that a proliferator Even though the world is looking to would need in order to acquire high con- States and say, we can’t certify, and fidence in its nuclear weapons designs. the President is going to say, oh, that us to ratify, that does not mean we Secretary Cohen said: is OK; don’t worry about it. We are should ratify this treaty if it makes us going to be bound by the treaty. less secure. We should do what is in our Furthermore, the treaty helps make it Which is a more likely scenario? security interests. But unless all of our more difficult for Russia, China, India, and Pakistan to improve existing types of nu- What do you think? Which is more allies and the rest of the world are clear weapons and to develop advanced new likely, that even if the stockpile de- wrong, the world will be a much more types of nuclear weapons. secure place if we stop testing nuclear grades, any country, from China to our Secretary Cohen said: allies, is going to say, gee, their B–60 weapons and if other countries stop testing nuclear weapons as well. In this way, the treaty contributes to the M–11 may not function as they thought reduction of the global nuclear threat. Thus, it would, and maybe they will only be How do we tell India ‘‘don’t test’’, if while the treaty cannot prevent proliferation able to fire off 4,900 strategic hydrogen we ourselves want to test? How do we or reduce the current nuclear threat, it can bombs. Maybe they will only be able to tell Pakistan, ‘‘don’t test; for God’s make more difficult the development of ad- do that; therefore, they have lost their sake, for your security and the world, vanced new types of nuclear weapons and deterrent capacity. They no longer don’t test’’, if we say, oh, but we want thereby help cap the nuclear threat. have credibility. to continue to test? What the three world leaders, to That is what you have to accept. You What does that do to our argument? whom I referred before and to whom have to accept those kinds of argu- I would suggest it destroys it. It de- Senator BIDEN referred earlier, said in ments to sign on to the notion that stroys our standing to try to persuade their article and in their letter to us most of our Republican friends are ar- countries that want to become nuclear was the following: guing. powers, that want to add to their in- Rejection of the treaty in the Senate Which is the more likely scenario? I ventories, that want to improve their would remove the pressure from other states would respectfully suggest that 85 per- inventories—it wipes out our standing still hesitating about whether to ratify it. cent or 80 percent of the American peo- to make the argument, if we say every- Rejection would give great encouragement ple are right. They figured it out. They body else ought to stop testing but us. to proliferators. Rejection would also expose figured it out. We are the only superpower in this a fundamental divergence within NATO. The So I hope I have responded, in part at world. That gives us certain respon- United States and its allies have worked side sibilities. But one of those responsibil- by side for a comprehensive test ban since least, to the Senator’s question. the days of President Eisenhower. This goal Mr. KENNEDY. You did. I thank the ities is that we should be not just a su- is now within our grasp. Our security is in- Senator. perpower, but we should be superwise volved as well as America’s. For the security Mr. BIDEN. I yield to the ranking as well. We should realize that we are of the world we will leave to our children, we member of the Armed Services Com- not always going to be the world’s only urge the U.S. Senate to ratify the treaty. We

VerDate Mar 15 2010 21:55 Nov 01, 2013 Jkt 081600 PO 00000 Frm 00029 Fmt 0624 Sfmt 0634 E:\1999SENATE\S12OC9.REC S12OC9 mmaher on DSKCGSP4G1 with SOCIALSECURITY S12358 CONGRESSIONAL RECORD — SENATE October 12, 1999 have President Chirac, Prime Minister Blair, guard F, by which we can withdraw cated period of time for consideration, Chancellor Schroeder of Germany, from from the treaty if we need to conduct a with very few hearings focused directly their perspective, pleading with us to ratify nuclear test. We have incorporated on the treaty. I know we had three this treaty. We have our top military leader- that safeguard and, indeed, strength- hearings in the Armed Services Com- ship, uniformed and civilian, urging us to ratify this treaty. That is the kind of assess- ened it in the amendment to this reso- mittee, and there was one in Foreign ment which has been made of the value of lution, that we will withdraw from this Relations last week that focused di- this treaty. That is the kind of analysis treaty and begin nuclear testing again rectly on this treaty. which has been made. if necessary. We do not want our stock- We are here under a unanimous con- We should think carefully before we pile to be unsafe or unreliable. Nobody sent agreement which allows only one reject it; before we defeat a treaty that does—none of us. amendment by the majority leader and is aimed at reducing the proliferation The question then is, Can we join the one by the Democratic leader to this of nuclear weapons in the world; before rest of the world, at least the civilized treaty, an unusual restriction for con- we give up our leadership in the fight world, in a comprehensive test ban to sideration and deliberation of a treaty. against proliferation; and our efforts to fight the proliferation of nuclear weap- No other amendments are in order; no go after proliferators. We keep saying ons, and at the same time assure our- other restrictions, conditions on a res- the proliferation of weapons of mass selves that if we need to test again, we olution of ratification, but the one. So destruction is the greatest threat this will be able to do so by notifying the we are here in a very restricted cir- Nation faces; our military leaders tell rest of the civilized world in advance cumstance and a very short time limit. us this treaty is an important step in that we retain the right to withdraw It is not a deliberative way to address the fight against proliferation. Before from the treaty and test if our security a treaty. This Senate should do better. we give up that leadership and defeat a requires it? In other words, in the At a minimum, my plea is, do no event the day comes when testing is treaty which is adding momentum to harm. Do no harm to the cause of needed to certify safety and reliability, the battle against proliferators, we antiproliferation. The way to avoid we are putting the world on notice now surely should stop and assess what it is doing harm, regardless of where people that we intend to exercise that with- this Senate is about to do. think they are on the merits of the It has been argued that we need test- drawal clause. treaty, is to delay consideration of this Could somebody cheat? That is the ing for the safety of our stockpile. The treaty. other argument which has been used, answer is that the stewards of the My final point has to do with the that somebody could cheat at a very stockpile, the lab Directors, for the delay issue. There is a precedent for de- low level of testing, that somebody last 7 years have been certifying safety laying a vote on a treaty even though might be able to get away with it, that and reliability of the stockpile based a vote had actually been scheduled. our seismic detection capability is not not on testing, which we have given up The precedent is the most recent arms such that we would be certain we for 7 years already, but based on a control treaty we looked at, I believe, would catch a very low level test. Stockpile Stewardship Program which which is the Chemical Weapons Con- This is what Secretary Cohen says vention. There was a vote actually has allowed them to certify with a high about the cheating question: degree of confidence that our stockpile scheduled on the Chemical Weapons Is it possible for states to cheat on the Convention. There was a vote that was is safe and reliable, without one test in treaty without being detected? The answer is the last 7 years. scheduled on the Chemical Weapons yes. We would not be able to detect every Convention for September 12, 1996. Will they be able to do that forever? evasively conducted nuclear test. And from a They think they can, but they are not national security perspective, we do not need Shortly before that vote, Senator Dole, sure. They told us they believe they to. But I believe that the United States will who was then a candidate for Presi- will be able to continue to certify the be able to detect a level of testing, the yield dent, announced his opposition to the safety and reliability of our stockpile and number of tests, by which a state could Chemical Weapons Convention. It was without testing. They have also told us undermine the U.S. nuclear deterrent. decided on the 12th, which I believe was something else. Here I want to read a So the Secretary of Defense is testi- the actual day scheduled by unanimous letter from them because there has fying that militarily significant cheat- consent for a vote on the convention, it been such a misunderstanding about ing would be caught, that a low-level was decided to vitiate that unanimous what these three lab Directors have test by a power would be taking a huge consent agreement and to delay the told us at our hearing. After the hear- risk in cheating, because there are vote on the Chemical Weapons Conven- ing, they wrote a joint statement from other means besides seismic detection tion. A vote was set, by unanimous which I want to read: to get evidence of a cheating. But most consent agreement, but given the oppo- While there can never be a guarantee that importantly, if a signatory to this sition of one of the Presidential can- the stockpile will remain safe and reliable treaty decided to cheat and take that didates—similar to what we have going indefinitely without nuclear testing, we have risk, they could not undermine our nu- on now, by the way, where we have op- stated that we are confident that a fully sup- clear deterrent. It would not be a mili- posing positions taken by Presidential ported and sustained stockpile stewardship tarily significant cheating that could candidates of both parties—it was de- program will enable us to continue to main- occur without our knowing it seis- cided then that it was the wiser course tain America’s nuclear deterrent without nu- mically. We would not have to rely on for the Senate to delay the vote on the clear testing. If that turns out not to be the other means in order to discover a Chemical Weapons Convention. case, Safeguard F—which is a condition for I said before on this floor last week entry into the Test Ban Treat by the U.S.— militarily significant act of cheating. provides for the President, in consultation Plus, General Shelton and Secretary that I think we are in an analogous sit- with Congress, to withdraw from the treaty Cohen have both told us that the trea- uation to what occurred back in Sep- under the standard ‘‘supreme national inter- ty, if it comes into effect, will increase tember of 1996. I raise it again for a est’’ clause in order to conduct whatever our ability to observe and monitor very specific point. At that time, there testing might be required. tests because it will create over 300 ad- were no conditions attached to the de- People can quote different parts of ditional monitoring stations in 90 cision to delay the vote. The Senate the lab Directors’ testimony. I was countries specifically in order to detect agreed to vitiate the unanimous con- there for it. The bottom line is, while nuclear testing. sent agreement, to delay the vote; but they cannot guarantee that the Stock- I will conclude with two points. One, there was no requirement, no condition pile Stewardship Program will always this Senate is not ready to ratify this attached as to when it would be allow them to certify safety and reli- treaty. Indeed, maybe it never will rat- brought up or not brought up. It was ability, they believe it will be able to ify the treaty. But it is clear now that simply to vitiate. People decided—we do so, and therefore they are, in the this Senate will not ratify the treaty decided in this body—that it was a words of one of them, ‘‘signed onto’’ at this time. I believe at a minimum wiser course of action not to proceed this treaty. That is because if they we should do no damage, do no harm. under the circumstances—one similar can’t certify the safety and reliability There are many of us who have not to what exists now, but there are dif- of our nuclear stockpile in some future focused adequately on these issues, by ferent circumstances now that are, I year they have the assurance in safe- the way. This has been a very trun- think, additional reasons not to vote at

VerDate Mar 15 2010 21:55 Nov 01, 2013 Jkt 081600 PO 00000 Frm 00030 Fmt 0624 Sfmt 0634 E:\1999SENATE\S12OC9.REC S12OC9 mmaher on DSKCGSP4G1 with SOCIALSECURITY October 12, 1999 CONGRESSIONAL RECORD — SENATE S12359 this time, including the very narrow nuclear weapons. Terrorist groups years of negotiation—2 years ago, it UC under which we are operating, with would like access to nuclear weapons. was sent to the Senate, signed by the the strict consideration of a total of Rogue countries would like access to President, and asked to be ratified in two amendments. nuclear weapons. the Senate. It was sent to the Senate I suggest we look back—and we are The cold war is over, the Soviet Foreign Relations Committee. I know going to do what each of us always Union is gone, the Ukraine is nuclear there have been debates about it, but does, which is follow our own con- free; the two nuclear superpowers are there was not one hearing in that For- sciences as to what is best for this Na- Russia and the United States. Between eign Relations Committee in 2 years on tion. In my judgment, ratification is us, we have 30,000 nuclear weapons. the CTBT. And then, with 10 days’ no- best, but, clearly, that is not where the What responsibility do we have as a tice, it is brought to the floor of the Senate is now. I hope there is a major- country to try to prevent the spread of Senate for a vote. Some say, well, that ity of us who believe, for various rea- nuclear weapons to other countries and is fine. That is a consideration. That is sons, the better course of wisdom is to reduce the nuclear weapons that not thoughtful consideration; that is a that we not proceed to defeat this trea- now exist? Well, we have a lot of re- thoughtless way to handle this issue. ty at this time—whether it is because sponsibility. It is our requirement as a This is a serious issue, a big issue, an that defeat would constitute a blow to country to exercise the moral leader- issue with great consequence. Ten our leadership in the battle against ship in the world, to reduce the dangers days, no comprehensive hearings—that proliferation in this world, as three of nuclear war, and stop the spread of is a thoughtless way to handle this major allies have told us, or whether it nuclear weapons. issue. India and Pakistan have deto- is because this institution has not had Some have never supported any arms nated nuclear weapons literally under adequate time yet to fully understand control agreements. I respect that. each other’s chin. They don’t like each and consider and deliberate over this They have a right to do that. I don’t other. That is an ominous development very complicated treaty; for whatever agree with it. I think it is wrong. None- for the world. The question of whether reason—and many exist—I hope we will theless, there are those who have never it could result in a nuclear exchange or delay this vote. I cannot foresee a cir- supported any arms control agree- a nuclear war is a very real question. cumstance, as I have told my good ments. Yet, arms control agreements Can we as a country intervene to say, friend from Virginia, where I would work. We know they work. do not explode these nuclear weapons, want to see this treaty brought up next I ask unanimous consent to show a do not test nuclear weapons? Do we year, given the fact that the election is piece of a Russian Backfire bomber have the ability to say to India and at the end of next year. However, I wing on the floor of the Senate. Pakistan that this is a dangerous step? Mr. President, we had better have can’t preclude any circumstance from The PRESIDING OFFICER. Without that resolve. That resolve must come existing. I can’t predict every world objection, it is so ordered. from us. circumstance that would exist, where I Mr. DORGAN. This is a piece of a wing sawed off of a Russian Backfire I have heard a lot of reasons on the would be comfortable saying we should Senate floor why this should not be under no circumstances consider this bomber. This bomber wasn’t brought down from the skies with hostile fire. ratified all from the same folks who treaty, no matter what happens. have never supported ratification of But I can, in good conscience, say I This bomber wasn’t destroyed because any treaty that would lead in the di- can’t foresee any such circumstances of conflict. This piece of wing came rection of arms control. All of the ar- because I can’t. Will the world situa- from a Russian bomber because this guments I have heard, in my judgment, tion change? Will India and Pakistan country and the Russians have an agreement to reduce the number of are not relevant to this treaty. It is begin testing because we fail to ratify? proposed that somehow this treaty bombers, missiles, and submarines in Will that then lead to China to begin would weaken our country. our arsenal, and reduce the number of their testing again? Will that have an Here is what would happen when this impact on Russia? Will the political nuclear warheads. treaty is ratified. The number of moni- This other item is copper wiring, situation change in the United States toring stations across the world will go ground up from a Russian submarine where candidates of both parties will to well over 300. We will substantially that used to carry missiles with nu- possibly decide that this treaty is in enhance our capability to monitor clear warheads aimed at the United our best interest? Can I foresee any of whether anyone explodes a nuclear that happening? No. Do I believe any of States of America. Did we sink that weapon. that will happen? No. But it could. submarine in hostile waters? No, it was Here is what we have now. Here is Circumstances can change. So I destroyed and the wiring ground up by what they will have if the CTBT enters would not want to see us saying there the Cooperative Threat Reduction Pro- into force. are no circumstances under which any- gram, under which the United States How on Earth can anyone credibly body could even raise the question of assists in the destruction of bombers, argue that this doesn’t strengthen our consideration of this treaty next year. missiles, and warheads in Russia. We ability to detect nuclear explosions It is a very straightforward statement bring down the number of weapons in anywhere on the Earth? It is an absurd and, again, I conclude by saying, per- our stockpile; they bring down the argument to suggest that somehow sonally, I hope we delay the vote. Per- weapons in theirs. The delivery sys- ratifying this treaty will weaken our sonally, I can foresee no circumstances tems are brought down as well. country. under which this should be brought up Does arms control work? Of course, it The last four Chairmen of the Joint next year. We should wait until after works. We know it works. That is why Chiefs of Staff, all the senior military the Presidential elections, in the ab- I am able to hold the part of a Russian leadership now serving in this country, sence of some unforeseeable cir- bomber here in the U.S. Senate. Of including Gen. Colin Powell, and pre- cumstance. But I hope that is what the course, it works. There are some who viously retired Joint Chiefs of Staff Senate, in its deliberative wisdom, de- have never supported any of this. They support this treaty. Would they do so cides to do. have that right. But, in my judgment, because they want to weaken this At this time, I have been authorized the decision not to support aggressive country? Of course not. They support to yield 5 minutes to Senator DORGAN. arms control efforts is inappropriate this treaty because they know and we I yield the floor. and wrong. know this treaty will strengthen this The PRESIDING OFFICER (Mr. Now we are debating the issue of country. It will strengthen our resolve CRAPO). The Senator from North Da- whether we will have a Comprehensive to try to stop the spread of nuclear kota is recognized. Nuclear Test-Ban Treaty—something weapons. The Joint Chiefs of Staff say Mr. DORGAN. Mr. President, who that was aspired to by President Eisen- in a very real sense that one of the best will acquire nuclear weapons in the hower nearly 40 years ago. A Com- ways to protect our troops and our in- months and years ahead? Which coun- prehensive Nuclear Test-Ban Treaty terests is to promote arms control, in tries? Which groups? Which individ- was something that President Eisen- both the conventional and nuclear uals, perhaps, will acquire nuclear hower lamented he was not able to ac- realms, arms control can reduce the weapons? Many would like to acquire complish. Forty years later—after chances of conflict.

VerDate Mar 15 2010 21:55 Nov 01, 2013 Jkt 081600 PO 00000 Frm 00031 Fmt 0624 Sfmt 0634 E:\1999SENATE\S12OC9.REC S12OC9 mmaher on DSKCGSP4G1 with SOCIALSECURITY S12360 CONGRESSIONAL RECORD — SENATE October 12, 1999 Gen. Omar Bradley said, ‘‘We wage American people to be involved in the SEC. 2. CONDITIONS. war like physical giants and seek peace debate on a Comprehensive Nuclear The advice and consent of the Senate to like ethical infants.’’ Test-Ban Treaty, and then say we want the ratification of the Treaty is subject to There is not nearly the appetite that, the following conditions, which shall be to vote on it. We are going to kill this binding upon the President: in my judgment, must exist in this thing. (1) STOCKPILE STEWARDSHIP PROGRAM.—The country—and especially in this Sen- You know those who think that way United States shall conduct a science-based ate—to stand up for important signifi- I guess can grin all the way to the vote Stockpile Stewardship program to ensure cant issues—serious issues. That is tally. But there won’t be smiles on the that a high level of confidence in the safety what we have here. faces of those around the world who and reliability of nuclear weapons in the ac- The military leaders say this treaty rely on this country to be a leader in tive stockpile is maintained, including the is in this country’s security interest. stopping the spread of nuclear weap- conduct of a broad range of effective and The scientists, 32 Nobel laureates, the continuing experimental programs. ons. This country has a greater respon- (2) NUCLEAR LABORATORY FACILITIES AND chemists, physicists, support ratifica- sibility in this area, and we can exer- PROGRAMS.—The United States shall main- tion. Dr. Garwin, who I was out on the cise that responsibility by voting to tain modern nuclear laboratory facilities steps of the Capitol with last week, ratify this Comprehensive Nuclear and programs in theoretical and exploratory who worked on the first nuclear bomb Test-Ban Treaty. nuclear technology that are designed to at- in this country, says this treaty is in The PRESIDING OFFICER (Mr. tract, retain, and ensure the continued appli- this country’s interest. We can safe- VOINOVICH). The Senator from Dela- cation of human scientific resources to those guard this country’s nuclear stockpile, ware. programs on which continued progress in nu- the scientists say; we can do that, they clear technology depends. Mr. BIDEN. Parliamentary inquiry: (3) MAINTENANCE OF NUCLEAR TESTING CAPA- say. And the detractors say, no, you How much time is under the control of BILITY.—The United States shall maintain can’t. These detractors—let me talk for the Senator from Delaware? the basic capability to resume nuclear test a minute about this. The PRESIDING OFFICER. Twenty activities prohibited by the Treaty in the National missile defense: They say: minutes. event that the United States ceases to be ob- Let’s deploy a national missile defense Mr. BIDEN. Is there time on the ligated to adhere to the Treaty. system right this minute. The Pen- amendment once the amendment is (4) CONTINUATION OF A COMPREHENSIVE RE- tagon and the scientists say we can’t, called up? SEARCH AND DEVELOPMENT PROGRAM.—The United States shall continue its comprehen- we don’t have the capability. Our The PRESIDING OFFICER. There sive research and development program to friends say: No. We don’t agree with will be 4 hours equally divided on each improve its capabilities and operations for you. You can and you have the capa- of the two amendments that may be monitoring the Treaty. bility. They say: We demand you do it, called up. (5) INTELLIGENCE GATHERING AND ANALYT- and we want you to deploy it. Mr. BIDEN. One last parliamentary ICAL CAPABILITIES.—The United States shall On the Comprehensive Nuclear Test- inquiry. Am I able to call up the Demo- continue its development of a broad range of Ban Treaty, the detractors say: Well, it cratic leader’s amendment now, and intelligence gathering and analytical capa- would weaken this country because we would the time begin to run on that bilities and operations to ensure accurate and comprehensive information on world- can’t detect nuclear tests and we can’t amendment now? wide nuclear arsenals, nuclear weapons de- maintain our stockpile. And the mili- The PRESIDING OFFICER. The Sen- velopment programs, and related nuclear tary leaders and the scientists say: You ator may proceed. programs. are wrong. We can safeguard our stock- AMENDMENT NO. 2291 (6) WITHDRAWAL UNDER THE ‘‘SUPREME IN- piles. We can detect nuclear explosions. (Purpose: To condition the advice and con- TERESTS’’ CLAUSE.— This selective choosing of when you sent of the Senate on the six safeguards (A) SAFETY AND RELIABILITY OF THE U.S. NU- are willing to support the judgment of proposed by the President) CLEAR DETERRENT; POLICY.—The United the best scientists in this country or States— Mr. BIDEN. Mr. President, on behalf (i) regards continued high confidence in the military leaders of this country is of the Democratic leader, I call up the safety and reliability of its nuclear weap- very interesting. amendment No. 2291. ons stockpile as a matter affecting the su- Last week, Tony Blair, Jacques The PRESIDING OFFICER. The preme interests of the United States; and Chirac, and Gerhard Schroeder, the clerk will report. (ii) will regard any events calling that con- leaders of England, France, and Ger- The legislative clerk read as follows: fidence into question as ‘‘extraordinary events related to the subject matter of the many, sent an op-ed piece to the New The Senator from Delaware (Mr. BIDEN), Treaty’’ under Article IX(2) of the Treaty. York Times asking this country to rat- for Mr. DASCHLE, proposes an amendment (B) CERTIFICATION BY SECRETARY OF DE- ify this treaty. That ought not be the numbered 2291. FENSE AND SECRETARY OF ENERGY.—Not later position this country is in. This coun- Mr. BIDEN. Mr. President, I ask than December 31 of each year, the Secretary try ought to be a leader on this issue. unanimous consent that reading of the of Defense and the Secretary of Energy, after Now, we are being asked by our allies amendment be dispensed with. receiving the advice of— to please lead. We ought not have to be The PRESIDING OFFICER. Without (i) the Nuclear Weapons Council (com- asked to provide leadership to stop the objection, it is so ordered. prised of representatives of the Department spread of nuclear weapons. What are we of Defense, the Joint Chiefs of Staff, and the The amendment is as follows: Department of Energy), thinking of? Strike all after the resolved clause and in- (ii) the Directors of the nuclear weapons Last week, the chairman of the For- sert the following: laboratories of the Department of Energy, eign Relations Committee referenced SECTION 1. SENATE ADVICE AND CONSENT SUB- and comments from the Governor of my JECT TO CONDITIONS. (iii) the Commander of the United States State on the floor of the Senate, saying The Senate advises and consents to the Strategic Command, shall certify to the he is worried that the nuclear stockpile ratification of the Comprehensive Nuclear President whether the United States nuclear is not safe and pointing out that we Test Ban Treaty, opened for signature and weapons stockpile and all critical elements have nuclear weapons in our State. signed by the United States at New York on thereof are, to a high degree of confidence, It is an interesting and brand new ar- September 24, 1996, including the following safe and reliable. Such certification shall be annexes and associated documents, all such forwarded by the President to Congress not gument that I hear. I have not heard documents being integral parts of and collec- later than 30 days after submission to the anyone stand on the floor of the Senate tively referred to in this resolution as the President. in recent months saying we have a real ‘‘Treaty,’’ (contained in Senate Treaty docu- (C) RECOMMENDATION WHETHER TO RESUME problem with the safety of the nuclear ment 105–28), subject to the conditions in NUCLEAR TESTING.—If, in any calendar year, stockpile. This is just a straw man. section 2: the Secretary of Defense and the Secretary That is what this is. (1) Annex 1 to the Treaty entitled ‘‘List of of Energy cannot make the certification re- I know the majority leader thought States Pursuant to Article II, Paragraph 28’’. quired by subparagraph (B), then the Secre- it was probably an interesting strategy (2) Annex 2 to the Treaty entitled ‘‘List of taries shall recommend to the President States Pursuant to Article XIV’’. whether, in their opinion (with the advice of to bring up the treaty without com- (3) Protocol to the Comprehensive Nuclear the Nuclear Weapons Council, the Directors prehensive hearings, without com- Test-Ban Treaty. of the nuclear weapons laboratories of the prehensive discussions and debate, and (4) Annex 1 to the Protocol. Department of Energy, and the Commander without much of an opportunity for the (5) Annex 2 to the Protocol. of the United States Strategic Command),

VerDate Mar 15 2010 21:55 Nov 01, 2013 Jkt 081600 PO 00000 Frm 00032 Fmt 0624 Sfmt 0634 E:\1999SENATE\S12OC9.REC S12OC9 mmaher on DSKCGSP4G1 with SOCIALSECURITY October 12, 1999 CONGRESSIONAL RECORD — SENATE S12361 nuclear testing is necessary to assure, with a ask that the President’s whole package Of the six conditions, the first, the high degree of confidence, the safety and re- be considered. That is where we are. third, and the last are interrelated and liability of the United States nuclear weap- The amendment that has been sub- probably the most important. The first ons stockpile. mitted by the Democratic leader con- condition relates to the Stockpile (D) WRITTEN CERTIFICATION; MINORITY tains six conditions that corresponded Stewardship Program. Anyone who has VIEWS.—In making the certification under subparagraph (B) and the recommendations to the six conditions that the President listened to this debate now under- under subparagraph (C), the Secretaries shall of the United States said were needed stands what that is. The Stockpile state the reasons for their conclusions, and in order for him to be secure with the Stewardship Program will be essential the views of the Nuclear Weapons Council, Senate ratifying this treaty. These to ensuring the safety and reliability of the Directors of the nuclear weapons labora- conditions were developed in 1995 be- our nuclear weapons in the future. It tories of the Department of Energy, and the fore the United States signed the trea- requires this condition: That the Commander of the United States Strategic ty. They were critical to the decision United States shall conduct a science- Command, and shall provide any minority based Stockpile Stewardship Program views. by the executive branch to seek the (E) WITHDRAWAL FROM THE TREATY.—If the test ban treaty in which the standard to ensure a high level of confidence in President determines that nuclear testing is would be a zero yield; that is, zero the safety and the reliability of nuclear necessary to assure, with a high degree of yield resulting from an uncontrolled weapons in our active stockpile. confidence, the safety and reliability of the chain react—a nuclear explosion. As we have all heard over the course United States nuclear weapons stockpile, the We in turn think it is critical that in of this debate, this Stockpile Steward- President shall consult promptly with the providing the advice and consent to ship Program is a 10-year, $45 billion, Senate and withdraw from the Treaty pursu- this treaty, the Senate codify these six or $4.5 billion-a-year, project that is de- ant to Article IX(2) of the Treaty in order to safeguards that the President of the signed to maintain the nuclear stock- conduct whatever testing might be required. United States said were conditions to pile, and it will involve cutting-edge Mr. BIDEN. Mr. President, to put the Resolution of Ratification. Let me science, as it already has. It is already this in context, one of the unfortunate explain why. underway, and the Directors of the ways in which this debate has devel- The safeguards were announced by three National Laboratories have testi- oped, in my view, on this very impor- President Clinton in August of 1995. fied they believe they can maintain the tant treaty is that the President of the They were merely statements of policy stockpile of our nuclear weapons if the United States when he put his signa- by the President, and there is no way funding is provided. ture on the Comprehensive Nuclear for President Clinton to bind future Already there have been difficulties, Test-Ban Treaty attached to it a num- Presidents with such statements. How- particularly in the other body, in se- ber of conditions when he referred the ever, we can. curing this level of funding. This first treaty to the Senate. He sent up, along Conditions in a Resolution of Ratifi- condition our amendment contains will with the treaty, a total of six condi- cation, by contrast—which is what I assure that the funding will be there. tions that he said he wanted added to am proposing now—are binding upon The third condition which is in the the treaty before we ratified the trea- all future Presidents. Therefore, ap- amendment before the Senate requires ty. proval of these conditions will lock that the United States ‘‘maintain the As we all know, in previous arms them in for all time, so that any future basic capability to resume nuclear test control agreements, it has been our President or future Congress, long activities prohibited by the treaty in practice in the Senate to add condi- after we are gone, will understand that the event that the United States ceases tions to treaties. When it was agreed these safeguards are essential to our to be obliged to adhere to the com- that we were given essentially an ulti- continued participation in the Com- mittee.’’ That means countries have to matum that if we wanted to debate prehensive Test Ban Treaty. have a place to test the weapons under- this treaty at all, we had to agree to Administration witnesses who testi- ground. the following time constraints. fied before the Armed Services Com- We could let our underground test fa- I was under the impression that the mittee and the Foreign Relations Com- cilities go to seed and not maintain starting point for this debate would be mittee underscored the importance of them, so that when the time came that what the President said he wanted, these safeguards during the Senate we ever did have to pull out of this which was he wanted us to ratify the hearings last week. I suspect that is treaty, we would not be prepared to be treaty itself and the six conditions. I why our Republican friends didn’t able to resume testing. So we say as a found out later it was only the treaty. allow Members to bring these up as further safeguard against the remote Although we were entitled to an part of the original instruments. So we possibility that we will not be able to, amendment on each side, the Demo- started off as we would had it come out through the Stockpile Stewardship cratic side, or in this case the Demo- of committee, with the actual treaty, Program, guarantee the reliability and cratic leader’s amendment would have plus the conditions attached. I expect safety of our weapons, a condition of to be what the President said he want- the reason they didn’t want this side to the United States staying in this trea- ed as part of the package to begin with do that is it would strengthen the ty is that the Congress appropriate the in order to be for the treaty. hands of those who were for the treaty. money and the President and future Usually what has happened, as the I understand the tactical move, but I Presidents use the money to maintain chairman of the Foreign Relations think it is unfortunate because, as we the facilities necessary to be able to re- Committee knows, we debated at all know, the witnesses who testified sume this testing if that event occurs. length, for instance the treaty on the from the administration, others from The effort to maintain this capacity Chemical Weapons Convention we had the laboratories, and others who were is also well underway, I might add. It is extensive hearings in the Foreign Rela- with the laboratories and were in also tied to the Stockpile Stewardship tions Committee. The outcome of those former administrations, all those peo- Program. Subcritical experiments—and hearings was that we voted on, or ple who testified underscored the im- we use certain phrases so much around agreed upon, or we negotiated a num- portance of these safeguards. In other here, sometimes it is easy to forget ber of conditions. There were 28 condi- words, they didn’t want the treaty that most Members don’t have nuclear tions before we brought it to the Sen- without these safeguards. weapons as their primary responsi- ate floor. During the testimony before the bility, and people listening on C–SPAN That is the usual process. But since Armed Services Committee, Dr. Paul or the press aren’t—although many we didn’t have the first formal hearing Robinson, Director of Sandia Labora- are—required to spend time to know on this treaty until after it was dis- tory, testified: what certain phrases mean. A subcrit- charged—that is a fancy word for say- The President’s six safeguards should be ical experiment means a country can ing we no longer had any jurisdiction— formalized in the resolution of ratification. set off an explosion that doesn’t start a and it was sent to the floor, here we General Shelton, Chairman of the chain reaction. It only becomes critical are in the dubious position of having to Joint Chiefs of Staff, stated: when there is a chain reaction, which use 2 hours on the one amendment we The Joint Chiefs support ratification of makes it a nuclear explosion. Subcrit- have available to us, an amendment to CTBT with the safeguards package. ical means before the rods go banging

VerDate Mar 15 2010 21:55 Nov 01, 2013 Jkt 081600 PO 00000 Frm 00033 Fmt 0624 Sfmt 0634 E:\1999SENATE\S12OC9.REC S12OC9 mmaher on DSKCGSP4G1 with SOCIALSECURITY S12362 CONGRESSIONAL RECORD — SENATE October 12, 1999 into the plutonium and something is you are going to do; you are going to —he can withdraw from the treaty. started. That is a chain reaction. stop funding the hundreds of millions Every year pursuant to the safe- The subcritical experiments at the of dollars it takes over time to main- guard—I am back on the safeguards Nevada Test Site, which are a vital tain this place to be able to explode a now—every year, we are saying, if this part of our stockpile stewardship, also nuclear weapon if we need to. amendment is adopted, pursuant to enable test site personnel to keep and We said: Do not worry about that; we safeguard 6, the National Laboratories’ hone their skills and practice the pro- are going to pass a treaty, and we com- Directors at Las Alamos, Sandia and cedures for actual nuclear weapons mit to spend money to continue to do Lawrence Livermore, all three of them tests. Translated, that means we have it. If we do not, it is a condition not have to go to the Secretary of Defense specialized scientists who in the past met and the President can leave the and the Secretary of Energy and cer- have participated in the over 1,000 nu- treaty. That is the third condition. tify that the Stockpile Stewardship clear detonations we have used over The sixth condition is a failsafe Program is still working and they, the the history of our program, and that mechanism, available to future Presi- scientists at our three National Lab- without having detonated a nuclear ex- dents in case the critics of the stock- oratories say: We certify the reliability plosion since 1992, these skilled sci- pile program turn out to be right. and safety of our nuclear weapons. entists still keep their skills honed by Again, I might point out the critics of The President, then, certifies to the going into this test site facility and the stockpile program, including my Congress that there is a high degree of doing subcritical tests; for example, good friend, and he is my good friend, confidence in a safe and reliable stock- using uranium instead of plutonium or are the very ones who have great faith pile. performing other tests that don’t re- in the Star Wars notion, great faith in If any one of those National Labora- quire a nuclear explosion. the ability to put this nuclear umbrella tory Directors—and there is a redun- We are not only maintaining the ca- over the United States so not a single dancy in what they check. By the way, pability of being able to do a nuclear nuclear weapon could penetrate and do you know how it works now? The explosion; we are maintaining the nec- blow up and kill 5, 10, 20 million Ameri- way it works now, we have nine de- essary personnel. The fact that subcrit- cans. They have faith in that scientific ployed systems, nine different types of ical experiments are scientifically capability, whether it is laser-based hydrogen bombs located in the bellies valid and challenging also serves to space weapons or whether it is land- of airplanes, on cruise missiles, in the based systems. But they do not have make work at the test site worthwhile bellies of submarines, on longer range faith in the ability to be able to test a and attractive to skilled personnel. missiles, or in a silo somewhere in the The reason I bother to mention that, weapon that has not been exploded. I understand that. It is a bit of a non United States of America. Every year in an argument against the treaty by sequitur for me to suggest you can these National Laboratory Directors go one of the scientists who testified, I have faith in one and not the other. I out and get 11 of these warheads from think before Senator HELMS’ and my point out, as a nonscientist, as a plain each of those nine deployed systems. committee, the Foreign Relations old lawyer, it seems to me it takes a They take them back to the labora- Committee, he said: We really like to lot more to guarantee if somebody flies tories and they dissect them, they open make things go boom. He said: I’m a 2, 10, 20, 50, 100 nuclear weapons at the them up, they look at them—to over- scientist; I like to make them go to the United States, you will be able to pick state it—to see if there is any little end of the experiment. I like to con- them all out of the sky before they corrosion there in the firing pin, that duct them that way. But I can do it blow up and America will be held sort of thing. It is much more com- without making them go boom. harmless, than it would be to deter- plicated, but they check it out. What people worry about now, if you mine the reliability of this bomb you They take one of them and they dis- are not going to ‘‘make ’em go boom,’’ take out of a missile, sit on a table at sect it, similar to what a medical stu- if you are not going to explode them, a test site, and test whether or not it dent does with a cadaver. They bring in some will say scientists won’t want to still works or not without exploding it. 11 people, 10 of whom they give a thor- be involved in that; it is not as exciting One seems more complicated than the ough physical, the 11th they kill, cut as if they could actually test. That is other to me. But maybe not. At any up, and see if everything is working an argument that says we will lose a rate, after spending $45 billion and all when they look inside. They do that whole generation of nuclear scientists this scientific know-how, we have to now, and there is redundancy in the who know how to conduct these tests continue to be able to guarantee the system. The three laboratories do that. and know how to read them. reliability of our weapons. We have a Then they have to go to the Sec- Other scientists come along and, sixth condition. retary of Energy and the Secretary of with the laboratories, say: No, no, no; Article IX of the treaty, I remind ev- Defense and say: We can certify that we can keep all the interest we need to eryone, contains a standard withdrawal our arsenal out there is reliable and keep in a group of young scientists who clause. I am talking not about the con- safe. will replace the aging scientific com- dition; I am talking about the treaty But, if, under our condition 6, any munity who have been performing the itself now. Article IX has a standard one of those lab Directors says, ‘‘No, I tests because we will do what we call withdrawal clause, permitting any don’t think I can certify this year, I subcritical tests at the sites where we party who signs the treaty the right to don’t think I can do that,’’ then the used to do the critical tests. withdraw 6 months after giving notice; Secretary of Energy has to be told Part of the agreement, part of the that is, start testing. that, and the Secretary of Energy, who understanding, the requirement, is We could ratify this tomorrow. We is their immediate boss, has to then these facilities have to be maintained still have to wait for another 23 na- tell the President: No, no, we can’t cer- as opposed to saying we have a treaty tions to ratify it, but we could reach tify, Mr. President. And under No. 6, now, we will not do nuclear explosions, the critical mass—no pun intended— safeguard No. 6, the President shall so why spend the money on maintain- where enough nations sign and the consult with us and must withdraw ing these facilities? treaty is in effect, and 6 months after from the treaty. The answer is: To keep scientists in- that the President of the United States Let me read the exact language. It terested and to bring a whole new next says: I no longer think this is in the says this under E, page 5 of the amend- generation of brain power into this national interest of the United States ment, ‘‘Withdrawal from the treaty.’’ area so they will have something they of America. I am notifying you within ‘‘If the President determines,’’ and I believe is worthwhile to do, as opposed 6 months we are going to start testing just explained how he determines—if it to them going out and inventing new nuclear weapons and withdraw. That is is sent to him by the lab Directors and widgets, or deciding they are going to what this article IX does. the Secretaries of Energy and Defense develop a commercial product or some- But what we do is, if the President— who say we can’t certify: thing. That is one of the legitimate and this is a quote: . . . if the President determines that nu- concerns. . . . decides that extraordinary events re- clear testing is necessary to assure with a The second concern has been: Once lated to the subject matter of the treaty high degree of confidence the safety and reli- you pass this treaty, you know what have jeopardized its supreme interests[,] ability of the United States nuclear weapons

VerDate Mar 15 2010 21:55 Nov 01, 2013 Jkt 081600 PO 00000 Frm 00034 Fmt 0624 Sfmt 0634 E:\1999SENATE\S12OC9.REC S12OC9 mmaher on DSKCGSP4G1 with SOCIALSECURITY October 12, 1999 CONGRESSIONAL RECORD — SENATE S12363 stockpile, the President shall consult velopment of a broad range of intel- Mr. HELMS. Mr. President, I com- promptly with the Senate and withdraw ligence gathering and analytical capa- pliment the Senator on the explanation from the treaty pursuant to article IX. bilities and operations to ensure accu- of his amendment. I have been fol- He doesn’t have a choice. He has to rate information about nuclear pro- lowing him as he has been going along. withdraw. That is the ultimate safe- grams around the world. We are far from being opposed to the guard. These six conditions should have amendment. We do not have any prob- So for those over there who say if it been part of the treaty anyway, but lem with the safeguards. turns out this Stockpile Stewardship they would not let us add them. We are Mr. President, I ask unanimous con- Program doesn’t work, they have to as- going to add them now, with the grace sent that the pending amendment No. sume one of two things if that conclu- of God and goodwill of our neighbors 2291 be agreed to and the motion to re- sion is reached. They have to assume and 51 votes. These six conditions are consider be laid upon the table. the lab Directors are going to lie and essential to ratification of the treaty. Mr. BIDEN. Mr. President, reserving they are going to lie to the Secretary If you do not want this treaty to work, the right to object—and I obviously do of Energy. They are going to say: We then you will vote against this amend- not want to object to my own amend- can’t verify this, we can’t certify it, ment. ment—we do have a time problem. I but we are going to do it anyway. They I acknowledge if these safeguards are would be delighted to do that if the then have to assume the Secretary of not there, nobody wants the treaty. Senator would allow the remainder of Defense and the Secretary of Energy The President does not want the trea- the time on this amendment to be used will say: Although we know we can’t ty. The lab Directors do not want the on the Resolution of Ratification, so certify, we are going to lie to the Presi- treaty. No one wants the treaty. There we do not use up—I have a number of dent, and we are going to tell the may be others that would be useful to Senators who wish to speak. That President our nuclear stockpile is no add or even necessary for ratification means I will only have 20 minutes left longer reliable, but don’t say anything, of the treaty, but the leadership has to debate this entire issue. I will be de- Mr. President. said we can only have one amendment. lighted to have it accepted. I probably And they have to assume, then, that They will recall that my own resolu- have about an hour or 20 minutes or 30 the President, knowing that this stock- tion, which led to this process, pro- minutes or 40 minutes left on the pile is no longer reliable, would look at posed only hearings and final adoption amendment; is that correct? the U.S. Congress and say: I, President by March 31 of next year. I want to put Parliamentary inquiry: How much Whomever, next President, certify that that in focus. I see others want to time is left on the amendment? The PRESIDING OFFICER. Ninety- we can rely on our stockpile. speak, so I will yield, but I want to They either have to assume that or one minutes. make it clear it has been said time and Mr. BIDEN. Mr. President, I ask they have to assume their concern again on the floor by the leader him- unanimous-consent that the Senator’s about our stockpile is not a problem self—and I am sure he unintentionally unanimous consent request be agreed because the moment the President is misspoke—he said he received a letter to, with the condition that the remain- told that, he has to call us and tell us from 45 Democratic Senators saying ing 91 minutes and the 2 hours remain- and withdraw from the treaty, which they wanted a vote. ing on the side of the Republican lead- means he can begin nuclear testing. Mr. HELMS. I don’t want the Senator ership be added to the time remaining Remember condition 3. We said you to yield at an improper time—— on the Resolution of Ratification. have to keep those big old places where Mr. BIDEN. I will finish this one Mr. HELMS. Mr. President, I have no they do the nuclear tests up to date. So point, and I will be delighted to yield objection to that. he can begin to test. the floor. Mr. BIDEN. I have no objection to So what is the big deal? What are we Mr. HELMS. I have been following the unanimous consent request. I worried about, unless you assume fu- the amendment. thank the Senator. ture Presidents are going to lie to the Mr. BIDEN. I know the Senator has, The PRESIDING OFFICER. Is there American people, they are going to lie, and I appreciate that. I appreciate the an objection to the request of the Sen- they are going to say we can rely on respect he has shown for the efforts I ator from North Carolina with the pro- this when we cannot? have been making, notwithstanding we posed modification? At the end of the process, if the disagree on this considerably. Without objection, it is so ordered. President determines resumption of I want to make this closing point at The amendment (No. 2291) was agreed testing is necessary, then he has to this moment, and that is, it has been to. start testing. That is what section 6 said by the Republican leader, Senator Mr. SARBANES addressed the Chair. says. So we put the world on notice LOTT, that 45 Senators demanded a Mr. BIDEN. Mr. President, we have that we have a program in place to vote on this treaty now. But 45 Sen- been going back and forth. Senator maintain a reliable stockpile. ators signed a letter, including me. It SARBANES is seeking recognition, but I If that does not work and we need to was a Biden resolution—one that was see our friend Senator BROWNBACK is test, we put the world on notice as well about to be voted on when we were on here. It is his turn if he wishes to today that we will and are prepared, another piece of legislation—that we speak. politically and in practical terms, to have extensive hearings this year and Mr. BROWNBACK. I am willing to withdraw from this treaty. I should that final action not occur until the yield to Senator SARBANES if he wishes emphasize that the certification proc- end of March of next year, so every- to speak. The PRESIDING OFFICER. The Sen- ess, as I have said, is extremely rig- body could have a chance to go through ator from Maryland. orous: For 3 years running, the lab Di- all of these hearings, so everybody Mr. BIDEN. How much time does the rectors have certified to the safety and could have a chance to debate what we reliability of our stockpile, but only Senator need? are talking about at much greater Mr. SARBANES. Ten or 12 minutes. after detailed review by thousands of length than today. Mr. BIDEN. I yield 10 minutes to the people at our labs. There has not been the bipartisan ne- Senator from Maryland. The other three conditions involve gotiation on conditions to this Resolu- The PRESIDING OFFICER (Mr. the need to maintain several key ele- tion of Ratification that usually occurs INHOFE). The Senator from Maryland. ments of our national infrastructure. during consideration of treaties. Mr. SARBANES. Mr. President, par- They require us to maintain modern Mr. President, I see my friend from liamentary inquiry. The amendment nuclear laboratory facilities and pro- North Carolina is seeking recognition. was adopted; is that correct? grams in theoretical and exploratory I will be delighted to yield the floor to The PRESIDING OFFICER. The Sen- nuclear technology and infrastructure him. ator is correct. of equipment and personnel, if you The PRESIDING OFFICER. The Sen- Mr. SARBANES. I thank the Chair. will—that is required—the continu- ator from North Carolina. Mr. BIDEN. There was a motion to ation of a robust research and develop- Mr. HELMS. If the Senator will reconsider made as part of the unani- ment program for monitoring, and, fi- yield. mous consent agreement and the mo- nally, our amendment requires the de- Mr. BIDEN. I will be delighted to. tion to table.

VerDate Mar 15 2010 21:55 Nov 01, 2013 Jkt 081600 PO 00000 Frm 00035 Fmt 0624 Sfmt 0634 E:\1999SENATE\S12OC9.REC S12OC9 mmaher on DSKCGSP4G1 with SOCIALSECURITY S12364 CONGRESSIONAL RECORD — SENATE October 12, 1999 The PRESIDING OFFICER. That is Let me emphasize that. Information sideration of the treaty has not taken correct. that the United States obtains through place over the last 2 years. Now we are The Senator from Maryland. its own intelligence can be used as the suddenly called upon to register a judg- Mr. SARBANES. Mr. President, I rise basis for a short-notice, on-site inspec- ment without the benefit of proper in support of the Comprehensive Nu- tion request. hearings and committee debate. While clear Test-Ban Treaty, the CTBT, to Third, the treaty creates an organi- I have come to the conclusion that the which the Senate has been asked to zation to ensure proper implementa- merits of this treaty outweigh its give its advice and consent. This is a tion and compliance, and to provide a risks, and that it is therefore deserving landmark agreement that will help forum for consultation and cooperation of Senate advice and consent to ratifi- stem the tide of nuclear proliferation among States Parties. The new body cation, I do regret that an issue of such and reduce the risk of nuclear con- will have a Technical Secretariat re- significance should be taken up with- frontation. In my view, it is a treaty sponsible for day-to-day management out the normal course of hearings and that, on balance, will serve U.S. inter- and supervision of the monitoring and proceedings leading up to the consider- ests and strengthen U.S. security. data-collection operations, as well as a ation of a measure of this magnitude. The Comprehensive Test Ban Treaty 51-Member Executive Council, on Let me outline a few of the reasons is a product of nearly 40 years of labor. which the United States would have a why I support this treaty. First, it will The idea was first endorsed in 1958 by seat. Both the Technical Secretariat help reduce threats to U.S. national se- President Eisenhower, who recognized and the Executive Council are to be curity. A complete ban on testing that the most effective way of control- overseen by a Conference of States Par- makes it harder for countries already ling the development and spread of nu- ties, which will meet at least annually. possessing nuclear weapons to develop clear weapons was to ban their testing. Finally, the treaty provides for meas- and deploy more sophisticated new de- In 1963, the United States took the ures to redress a situation and ensure signs, and for those seeking nuclear ca- first step toward this end by signing compliance, including sanctions, and pability to initiate a nuclear weapons and ratifying the Limited Test Ban for settlement of disputes. Violations program. As we know, relatively sim- Treaty, which prohibits nuclear explo- may result in restriction or suspension ple bombs can be built without testing, sions in the atmosphere, outer space, of rights and privileges under the trea- but creating smaller, lighter weapons and under water. ty, as well as the recommendation of Further limitations were established that are easier to transport and con- collective measures against the offend- ceal and that require less nuclear ma- through the Threshold Test Ban Trea- ing party and the referral of informa- ty, signed in 1974, and the Peaceful Nu- terial is difficult without explosive tion and conclusions to the United Na- tests. clear Explosion Treaty, signed in 1976. tions. Under those treaties, the United States With a global ban in place, a nation As Stephen Ledogar, who was the intent on conducting tests would take and the Soviet Union agreed to halt Chief Negotiator of the treaty for the on the burdens not only of increased underground explosions larger than 150 U.S., testified before the Foreign Rela- expenses and technical dangers, but kilotons. tions Committee, the United States ob- also the risk of detection and imposi- When the cold war came to an end, jected to the inclusion of specific sanc- tion of international sanctions. In a sentiment began to build for a com- tions because of concerns about ap- very real sense, the CTBT locks in U.S. prehensive ban on nuclear testing. pointing an international organization nuclear superiority while preventing President Bush signed legislation es- ‘‘to be not just the investigator and reignition of arms races that con- tablishing a moratorium on such test- special prosecutor, but also the judge, stitute serious threats to our national ing that was joined by France and Rus- jury, and jailer.’’ He explained, ‘‘we re- security. sia and continues to this day. serve for a higher body, the United Na- The CTBT also promotes U.S. secu- In January 1994, the Geneva Con- tions Security Council in which we rity by strengthening the Nuclear Non- ference on Disarmament began nego- have a veto, the authority to levy sanc- Proliferation Treaty, the NPT, which tiations on a treaty to forbid all nu- tions or other measures.’’ clear explosions. An agreement was The CTBT, which has been signed by entered into force in 1970 and was ex- concluded in August of 1996, and the some 154 countries and ratified by 48, tended indefinitely in 1995. The NPT is following month, President Clinton be- has drawn broad support not only from the bedrock of international arms con- came the first world leader to sign the among the American population, but trol policy, representing a bargain in new treaty. It was submitted to the from key U.S. military and intel- which non-nuclear weapons states Senate for advice and consent to ratifi- ligence officials and from our key al- promised to foreswear the acquisition cation just over 2 years ago, on Sep- lies. of nuclear weapons and accede to a per- tember 24, 1997. It has been endorsed by the Chairman manent inspection regime so long as The Comprehensive Test Ban Treaty of the Joint Chiefs of Staff, Gen. Hugh the nuclear powers agreed to reduce is relatively simple and straight- Shelton, as well as former Chairmen their arsenals. In order to gain ap- forward. Gen. John Shalikashvili, Gen. Colin proval for permanent extension of the First, it prohibits all explosions of Powell, Gen. David Jones, and Adm. Nuclear Non-Proliferation Treaty, the nuclear devices. It does not ban the de- William Crowe, and the directors of all five declared nuclear powers promised velopment or production of nuclear three national laboratories that con- to negotiate and ratify a test ban trea- materials, nor does it affect activities duct nuclear weapons research and ty. to maintain a secure and reliable testing. The CTBT further advances U.S. in- stockpile. By establishing a zero NATO’s Defense Planning Committee terests by providing additional tools to threshold on nuclear yield that affects and Nuclear Planning Group called for enhance our current monitoring and all countries equally, the treaty draws ratification and entry into force ‘‘as detection capability. The International a clear and consistent line between soon as possible.’’ Thirty-two Nobel Monitoring System will record data what is permitted and what is not. laureates in physics have written to from 321 sensor stations—262 beyond Second, the treaty sets up a regime the Senate stating that ‘‘it is impera- what the United States possesses of verification and inspections, con- tive that the CTBT be ratified,’’ and today. sultation and clarification, and con- noting that ‘‘fully informed technical The new facilities include 31 primary fidence-building measures. An Inter- studies have concluded that continued and 116 auxiliary seismic monitoring national Monitoring System of 321 nuclear testing is not required to re- stations, 57 radionuclide stations to monitoring facilities is to be estab- tain confidence in the safety, reli- pick up traces of radioactivity, 8 lished, and all data will be stored, ana- ability and performance of nuclear hydroacoustic stations to detect explo- lyzed, and disseminated by an Inter- weapons in the United States’ stock- sions on or in the oceans, and 50 national Data Center. In addition, in- pile, provided science and technology infrasound stations to detect sound formation that the United States ob- programs necessary for stockpile stew- pressure waves in the atmosphere. tains through its own intelligence can ardship are maintained.’’ Thirty-one of the new or upgraded be used as the basis for a short-notice, Despite the importance of the CTBT monitoring stations are in Russia, 11 in on-site inspection request. for U.S. national security, formal con- China, and 17 in the Middle East, all

VerDate Mar 15 2010 21:55 Nov 01, 2013 Jkt 081600 PO 00000 Frm 00036 Fmt 0624 Sfmt 0634 E:\1999SENATE\S12OC9.REC S12OC9 mmaher on DSKCGSP4G1 with SOCIALSECURITY October 12, 1999 CONGRESSIONAL RECORD — SENATE S12365 areas of critical importance to the What is at stake is not just the pros and and take timely and effective counteraction United States. cons of the test ban treaty, but the future of to redress the effects of any such testing. And one of the burden-sharing advan- multilateral arms control. I yield myself 2 additional minutes. tages of the treaty is that the United I ask unanimous consent the full text The PRESIDING OFFICER. Without States will have access to 100 percent of that article be printed in the RECORD objection, it is so ordered. of the information generated by these at the conclusion of my remarks. Mr. SARBANES. Moreover, to the ex- 321 sensor stations but will pay only 25 The PRESIDING OFFICER. Without tent Members are concerned with the percent of the bill for obtaining it. objection, it is so ordered. adequacy of procedures for onsite in- Since the United States has not con- (See Exhibit 1.) spections, I would remind them that, ducted a nuclear explosion in 7 years, Mr. SARBANES. Perhaps as compel- as with the Chemical Weapons Conven- and is unlikely to test with or without ling as the case in favor of the treaty tion, these procedures were crafted this treaty, the major effect of the are the potential consequences of a with an eye not only to gaining access CTBT is to hold other countries to a negative vote. Senate rejection of the to other countries’ facilities, but also similar standard. It includes surveil- treaty could severely weaken the Nu- to guarding against overly intrusive in- lance to identify warhead problems, as- clear Non-Proliferation Treaty, for spections within the United States. sessment to determine effects on per- which a review conference is scheduled The lead U.S. treaty negotiator, Ste- formance, replacement of defective next April. phen Ledogar, explained to the com- parts, and certification of remanufac- It is entirely possible, as the Wash- mittee how those procedures were de- tured warheads. Our policy is to ensure ington Post reported, that ‘‘some non- veloped: tritium availability and retain the nuclear countries might regard failure This Treaty provides for on-site inspec- ability to conduct nuclear tests in the to ratify the treaty as a broken prom- tions on request by any Treaty party and future, should withdrawal from the ise that would relieve them of the obli- with the approval of the Executive Council. test ban regime be required. gation to comply with key parts’’ of No state can refuse an inspection. The U.S. Thus, under the treaty, the United the Nuclear Non-Proliferation Treaty. position from the start was that on-site in- spections were critical to provide us with States will be able to depend on its nu- Such a result would not only undercut added confidence that we could detect viola- clear deterrent capability, while other U.S. leadership and credibility on non- tions. And, if inspections were to be effec- nations will find it much more difficult proliferation, threatening our policy tive, they had to be conducted absolutely as to build weapons with the degree of objectives in Iraq and North Korea, quickly as possible after a suspicion arose, confidence that would be needed to among other places, but could increase using a range of techniques with as few re- constitute an offensive military threat. the likelihood of resumed testing and strictions as possible. However, the U.S. also Any country that should test would aggravate the situation in South Asia. had to be concerned with its defensive pos- find itself the subject of international Resumed testing would not only ture, as well as an offensive one. It was nec- essary to ensure that sensitive national se- response; whereas in the absence of a threaten regional security and U.S. curity information would be protected in the treaty, such behavior carries no pen- strategic interests but could pose new event of an inspection on U.S. territory. The alty. challenges to public health and the U.S. crafted a complicated, highly detailed, It has been suggested that the United natural environment. According to the proposal that balanced our offensive and de- States should wait until more of the Energy Department, more than one out fensive needs. There was resistance from nuclear capable countries—whose rati- of seven underground U.S. nuclear some of our negotiating partners. However, fication is essential for the treaty to go tests since 1963 vented radioactive by the time we were through, the Treaty into effect—have ratified before mov- gases into the atmosphere, and the read pretty much like the original U.S. paper put together jointly by the Departments of ing forward on the treaty ourselves. problem will obviously be much worse Defense, Energy, and State, the Intelligence Yet what incentive have the countries in countries that do not take or cannot Community, and the then-existing Arms with only peaceful nuclear reactors to afford the same level of environmental Control Agency. proceed, when the one country with the protections. With regard to the security of our greatest number of deployed strategic Some have objected that the treaty nuclear arsenal, the President has pro- warheads is unwilling to do so? will be difficult to verify, that it will posed six safeguards which will define Just as with the Chemical Weapons prevent the United States from main- the conditions under which the United Convention, where U.S. approval facili- taining a safe and reliable nuclear ar- States enters into the CTBT, and tated ratification by Russia, China, senal. While no treaty is completely which, as I understand it, have been in- Pakistan and Iran, U.S. ratification of verifiable, I believe the CTBT will in- corporated into the Resolution of Rati- the Comprehensive Test Ban Treaty crease, rather than decrease, our abil- fication. I ask the ranking member, will create increased momentum and ity to monitor the development of nu- these have now been adopted; is that pressure for others to come along. The clear weapons and preserve, not forfeit, correct? treaty cannot enter into force without our nuclear superiority. Mr. BIDEN. That is correct, with us, but it needs our support to convince In his statement before the Armed some modifications making them even others to join. Services Committee on October 6, Sec- stronger. The PRESIDING OFFICER. The Sen- retary of Defense William Cohen ad- Mr. SARBANES. And those dealt ator’s time has expired. dressed this point at length. I will with the conduct of the Stockpile Mr. SARBANES. Mr. President, I quote the Secretary because I think his Stewardship Program, the mainte- yield myself 4 additional minutes. observations are extremely important. nance of modern nuclear laboratory fa- The PRESIDING OFFICER. Without CTBT evasion is not easy; it would require cilities, the maintenance of a basic ca- objection, it is so ordered. significant efforts in terms of expertise, pability to resume testing, should it Mr. SARBANES. Indeed, all of our preparations and resources. In the end, the major allies have weighed in with their become necessary, the continuation of testing party has no guarantees that its a comprehensive research and develop- strong support for this treaty, which is preparation or its nuclear test will escape ment program to improve our moni- particularly significant since they rely detection and possible on-site inspection, de- on our nuclear deterrent for their own spite its best efforts. In addition, detection toring capabilities, the continued de- defense. capability varies according to the location of velopment of a broad range of intel- An article in the Washington Post on the clandestine test and the evasion meas- ligence gathering, and the ability to October 8 reported that: ures employed; a potential evader may not withdraw from the CTBT if the safety understand the full U.S. monitoring capa- The world’s major powers, including Amer- or reliability of a nuclear weapon type bility, thus adding to his uncertainty. Fur- critical to our nuclear deterrent could ica’s closest allies, warned the United States ther, detection of a nuclear explosion con- today that failure to ratify the multi- no longer be certified. ducted in violation of the CTBT, would be a I believe these safeguards will ensure national nuclear test ban treaty would send very serious matter with significant polit- a dangerous signal that could encourage ical consequences....Under CTBT, I be- that U.S. national security interests other countries to spurn arms control com- lieve the U.S. will have available sufficient can be met within the context of the mitments. resources to deter or detect, with confidence, treaty. German Foreign Minister Joschka the level of clandestine nuclear testing that Mr. President, I support ratification, Fischer was quoted as saying: could undermine the U.S. nuclear deterrent but there do not appear to be enough

VerDate Mar 15 2010 21:55 Nov 01, 2013 Jkt 081600 PO 00000 Frm 00037 Fmt 0624 Sfmt 0634 E:\1999SENATE\S12OC9.REC S12OC9 mmaher on DSKCGSP4G1 with SOCIALSECURITY S12366 CONGRESSIONAL RECORD — SENATE October 12, 1999 votes to approve it. The President, in As long as Mr. Clinton continues to cam- new ones if the treaty ever broke down. Mis- his letter requesting that action be de- paign for the Test Ban Treaty and there re- sile defense can at best supplement arms layed, stated that mains a reasonable chance that Washington control, not replace it. will someday ratify it, these countries are There is every reason for Republicans of . . . proceeding to a vote under these cir- likely to refrain from further testing. But if conscience to vote for this treaty, but little cumstances would severely harm the na- hopes for eventual American ratification re- chance that they will. Mr. Clinton’s chal- tional security of the United States, damage cede, China or Russia might be tempted to lenge now will be to sway enough Senate our relationship with our allies, and under- test again in an effort to improve their bomb votes to make ratification possible before he mine our historic leadership over 40 years, designs and narrow America’s present lead in leaves the White House. through administrations Republican and nuclear weapons technology. EXHIBIT 1 Democratic, in reducing the nuclear threat. These considerations argue strongly for de- [From the Washington Post, Oct. 8, 1999] I agree with the President’s assess- laying the vote rather than giving up on it ment. Therefore, I urge my colleagues for this Congress. The treaty is backed by U.S. ALLIES URGE SENATE TO RATIFY TEST to join in voting to postpone consider- America’s military leaders, public opinion BAN ation of the treaty while we undertake and Washington’s main allies. Good answers (By William Drozdlak) to build the necessary understanding are available to the objections so far raised VIENNA, Oct. 7—The world’s major pow- by Senate critics. True, the election-year po- ers, including America’s closest allies, and political support that will lead to litical calculus is not favorable, and ulti- its ultimate ratification. warned the United States today that failure mately it may be necessary to wait until a to ratify the multinational nuclear test ban If we cannot approve the treaty, rat- new President and a new Senate take office treaty would send a dangerous signal that ify it, then surely we should delay its early in 2001. But American interests are could encourage other countries to spurn consideration, postpone its consider- best protected if in the interim Washington arms control commitments. ation while we continue to explore the does not disavow the treaty. With the Senate scheduled to begin debat- matter further, rather than, in my ing the treaty Friday, envoys from nearly judgment, doing the grave harm that [From the New York Times, Oct. 8, 1999] 100 nations at a conference here, including would come to the national security, as KEEPING THE TEST BAN TREATY ALIVE Russia, China, Britain and Germany, ex- the President has outlined. If the nuclear Test Ban Treaty fails to win pressed alarm that the United States appears to be on the brink of rejecting the Com- I ask unanimous consent that two ratification next week, as it probably will, Senate Republicans will deserve much of the prehensive Test Ban Treaty. The pact, which editorials from the New York Times in blame. The Republican leadership has be- President Clinton signed in 1996, would pro- support of the treaty be printed in the haved in a narrowly partisan fashion that hibit nuclear test explosions world-wide. RECORD. paid little heed to America’s international Diplomats said British Prime Minister There being no objection, the mate- interests and trivialized the Senate’s con- Tony Blair and French President Jacques rial was ordered to be printed in the stitutional role in evaluating treaties. But Chirac will soon make rare personal appeals RECORD, as follows: the White House failed to put together a co- to the United States to approve the accord, prior to a possible Senate vote next week. [From the New York Times, Oct. 12, 1999] herent strategy for assembling the needed two-thirds Senate majority, and then al- In Washington, it was unclear if a com- FIGHTING FOR THE TEST BAN TREATY lowed itself to be outmaneuvered into a com- promise would be reached to postpone a vote Despite the important contribution it pressed timetable that left too little time for on the treaty. Both sides agree that the pact would make to a safer world, the nuclear an intensive lobbying campaign. will be defeated if it comes to a vote on Test Ban Treaty stands virtually no chance The resulting failure will weaken Amer- Tuesday or Wednesday as scheduled. In the of mustering enough support to win Senate ican security. India and Pakistan will be latest blow to the accord’s prospects, Sen. ratification this week. Allowing it to be more likely to develop their nuclear arsenals Richard G. Lugar (R-Ind.), an influential voted down would deal a damaging blow to and China will be increasingly tempted to re- arms control advocate, declared his opposi- America’s foreign policy and military secu- sume testing to exploit new weapons designs, tion. rity. The wiser course is to delay Senate ac- some of which may have been stolen from Majority Leader Trent Lott (R-Miss.) was tion for at least a few months, as President the United States. The goal now should be to sticking to his position late today that a Clinton requested yesterday, giving the try to limit the damage by keeping open the vote can be delayed only if the Clinton ad- White House more time to overcome the ar- possibility that the Senate can be persuaded ministration promises not to try to revive guments of treaty critics. to ratify the treaty in the months to come. the treaty before the president leaves office. But Republican senators are recklessly in- To that end, the White House must reject The White House has rejected that proposal, sisting on an immediate vote unless Mr. the terms the Republicans now offer for can- and Sen. Joseph R. Biden Jr. (D-Del.), the Clinton agrees to withdraw the treaty for celing next week’s vote. These include the ranking minority member of the Foreign Re- the rest of his term. That is something he outrageous requirement that President Clin- lations Committee, said he is ‘‘not hopeful’’ should avoid, because it would signal to the ton not seek ratification during his remain- that the vote could be postponed. rest of the world that the White House, not ing 15 months in office. That would make Here in Vienna, diplomats said that Blair just the Senate, is edging away from the things worse than they already are, leaving and Chirac will urge American treaty oppo- Test Ban Treaty. other countries wondering whether Mr. Clin- nents to forgo partisan politics and weigh Mr. Clinton refuses to be bound by such ton has abandoned the treaty he signed three the damaging impact a negative vote would conditions. Nevertheless some Senate treaty years ago. Unless the Republicans agree to a have on U.S. leadership in the effort to halt supporters, including Daniel Patrick Moy- postponement without this timetable, the the spread of weapons of mass destruction. nihan of New York, are trying to put to- White House should let the Senate proceed There was particular concern here that gether a deal under which Mr. Clinton would toward a vote next week—trying, between some non-nuclear countries would regard not give up on the treaty, while Senate now and then, to win as many extra Repub- failure to ratify the treaty as a broken prom- Democrats would refrain from pushing it in lican votes as possible. If that effort falls ise that would relieve them of the obligation this Congress. The White House suggests it short, Mr. Clinton should concentrate his to comply with key parts of another accord, could accept such an arrangement. Presidential energies on building enough the Nuclear Non-proliferation treaty. That The message that Washington sends to the support to justify a new ratification effort as pact is considered the linchpin of inter- world matters a lot. One audience consists of soon as possible. national efforts to limit the spread of nu- countries like India and Pakistan, which are Republican senators have raised several ar- clear weapons. still trying to decide whether to sign the guments against the treaty, most of which International anxiety also has been com- treaty and would be unlikely to do so if the evaporate on close inspection. Some doubt pounded by new worries over U.S. efforts to Clinton White House gave up on eventual whether American intelligence agencies can escape constraints imposed by the Anti-Bal- Senate ratification. For these countries to detect very-low-yield nuclear tests. Others listic Missile (ABM) Treaty, which limits the remain outside the test ban would encourage worry that America’s nuclear stockpile ability of the United States to build systems a dangerous nuclear arms race in south Asia might deteriorate without testing. Some to defend against missile attack. that could easily draw in nearby countries mistakenly believe that missile defenses will Russia and China say it would destabilize like Iran and China. It could also fuel the make arms control treaties unnecessary. the strategic balance if the United States ambitions of other intermediate powers, like The Administration has answered these ob- built a missile defense system, because Saudi Arabia and Taiwan, to join an expand- jections convincingly. Approving the treaty Washington could be tempted to attack oth- ing nuclear club. would speed creation of a stronger worldwide ers if it felt invulnerable to retaliation. That Another group of countries includes estab- monitoring system. Despite doubts expressed could trigger a new arms race as other na- lished nuclear nations such as China and yesterday by the heads of America’s nuclear tions sought ways to overwhelm missile de- Russia. Like Washington, Beijing and Mos- labs, Washington’s stockpile stewardship fenses. cow have signed the treaty but not yet rati- program, based on computer simulations, Many nations are surprised by the Senate’s fied it, and are observing a voluntary mora- can keep existing weapons reliable and nur- hesitation to approve the test ban treaty, in torium on nuclear tests. ture the scientific skills that could create part because the accord is widely regarded

VerDate Mar 15 2010 21:55 Nov 01, 2013 Jkt 081600 PO 00000 Frm 00038 Fmt 0624 Sfmt 0634 E:\1999SENATE\S12OC9.REC S12OC9 mmaher on DSKCGSP4G1 with SOCIALSECURITY October 12, 1999 CONGRESSIONAL RECORD — SENATE S12367 abroad as locking in American nuclear supe- see that the United States must play a spe- It has been claimed that the CTBT riority. Until recently, the treaty had gained cial role,’’ Sha Zukang, China’s top arms hasn’t been given enough Senate floor strong momentum as the ratification process control official, said in an interview. Sha time. The unanimous-consent agree- moved ahead and a world-wide sensor system added that China is even more alarmed by ment provides for 22 hours of debate on was deployed to detect even the tiniest indi- U.S. efforts to develop a regional missile de- cation of a nuclear explosion. fense system than by the Senate’s reluctance the CTBT. By contrast, the START More than half of the 44 nations with nu- to approve the test ban treaty. treaty had 9.5 hours; START II had 6 clear facilities whose ratification is nec- Boris Kvok, Russia’s deputy chief of disar- hours; the Chemical Weapons Conven- essary for the treaty to take effect have al- mament issues, said the U.S. decision on the tion had 18 hours. We are going to put ready done so. U.S. approval is deemed crit- test ban treaty would not affect the delibera- a lot of time in on this. The White ical to persuade other nations, including tions of Russia’s parliament on the pact or House insisted for 2 years that the Sen- alter his country’s test moratorium. ‘‘But if Russia and China, to ratify. Even more im- ate vote on the CTBT, using terms portant, India and Pakistan, who pledged to the U.S. moves ahead with ballistic missile sign the test ban treaty under enormous defense, it would be a disaster for strategic such as ‘‘now,’’ ‘‘immediately,’’ ‘‘right international pressure, are said to be await- stability in Europe and the world. And we away.’’ Now when we are ready to vote, ing Senate action before making their final would have to start developing new weapons they don’t seem to be willing to enter decision. to correct this imbalance,’’ Kvok said. into that debate and vote. ‘‘It would be a highly dangerous step for Mr. SARBANES. Mr. President, I Another thing the President said in the Senate to reject this treaty,’’ said Peter yield the floor. his news conference in Canada was this Hain, Britain’s minister of state for foreign Mr. BROWNBACK addressed the was being ‘‘politically motivated.’’ I affairs. ‘‘If the test ban treaty starts to un- Chair. reject that, Mr. President. You do not ravel, all sorts of undesirable things could The PRESIDING OFFICER. The Sen- happen. It would send the worst possible sig- consider items such as this with any nal to the rest of the world by giving a green ator from Kansas is recognized. consideration for political motivation. light to many countries to walk away from Mr. BROWNBACK. Mr. President, I This is nuclear testing we are talking promises not to develop nuclear arsenals.’’ yield myself up to 10 minutes to speak about. This is a critical issue to the Hain and other delegates here spoke at a on the Comprehensive Test Ban Trea- world—to my four children. That is long-planned conference organized to discuss ty. something you don’t interject any bit how to put the test ban treaty into effect. Mr. President, there have been a of politics into. I reject that notion al- German Foreign Minister Joschka Fischer number of arguments put forward together. said the rest of the world would be watching against and for the Comprehensive There are a couple of other argu- the Senate test ban vote closely because of Test Ban Treaty. We have heard, most its possible effect in eroding support for the ments bantered about quite a bit—one non-proliferation treaty. ‘‘What is at stake recently, arguments for ratification of that I have taken most note of because is not just the pros and cons of the test ban the treaty. I join my colleague from it causes me the most pause to think is treaty, but the future of multilateral arms Maryland in noting that I think there what would other countries think if we control,’’ Fischer said. would be a wide basis of support saying voted down the treaty? Would that Diplomats fear that a failure to put the we should not bring it up at this time. cause more proliferation? I cannot read test ban treaty into effect soon would dis- But neither should we bring it up next the minds of the leaders in China, Rus- courage some ‘‘threshold’’ countries—those year. I know a number of my col- sia, Pakistan, or India, but there are close to developing nuclear weapons—from leagues on this side of the aisle would cooperating with intrusive inspections under people with a great deal of wisdom and the non-proliferation treaty. Such inspec- say it would be a good thing if we could experience who did hazard a guess in tions are designed to prevent them from agree not to go ahead and go forward that area and have put forward cheating and secretly developing nuclear with a vote now, but not to do that thoughtful statements. One was put weapons. during this session of Congress, either forward by former Secretaries of De- Jayantha Dhanapala, the U.N. undersecre- the rest of this year or next year, so we fense Weinberger, Cheney, Rumsfeld, tary for disarmament affairs, said many won’t constantly be going back and Laird, Carlucci, and Schlesinger. All of countries agreed to a permanent inspection visiting this issue during this Congress. regime four years ago only on the basis of a them signed this quote: written guarantee by the nuclear powers to We have it on the floor and it is time We also do not believe the CTBT will do negotiate and ratify a worldwide test ban as to discuss it. I think people can agree much to prevent the spread of nuclear weap- one of several key steps toward nuclear dis- that we won’t hear it again this Con- ons. armament. gress, and we can move forward with Now, you have six former Secretaries In a grand diplomatic bargain struck in that discussion and have this debate of Defense saying that. 1995, the inspection program was made per- and not proceed to a vote if people The motivation of rogue nations like manent for some 175 nations that have prom- think that would do more harm than North Korea and Iraq to acquire nuclear ised to forswear nuclear weapons. In ex- weapons will not be affected by whether the change, the powers—the United States, good. U.S. tests. Similarly, the possession of nu- France, Britain, Russia and China—pledged I want to address a number of argu- clear weapons by nations like India, Paki- to reduce nuclear arsenals and approve a ments put forward by the President stan, and Israel depends on the security envi- treaty that would ban test explosions that and by others on this Comprehensive ronment in their region, not by whether or help upgrade their weapons. Test Ban Treaty. I note the President ‘‘If the Senate rejects ratification, it would stated in his weekly radio address that not the U.S. tests. If confidence in the U.S. nuclear deterrent were to decline, countries send a very negative signal that will act as every President since Eisenhower—a a brake on the momentum we have achieved that have relied on our protection could well Kansan—has supported this treaty. The feel compelled to seek nuclear capabilities of to control the nuclear threat, because some reality of this is actually that no pre- countries would see this vote as a betrayal of their own. Thus, ironically, the CTBT might a promise,’’ Dhanapala said. vious administration, either Repub- cause additional nations to seek nuclear The head of the U.S. delegation, Ambas- lican or Democrat, has ever supported weapons. sador John B. Ritch III, said a main theme of the zero-yield test ban now in this That was a quote from the six former the Vienna conference has been inter- treaty before the Senate. Eisenhower Defense Secretaries—Weinberger, Che- national alarm over isolationist thinking insisted that nuclear tests with a seis- ney, Rumsfeld, Laird, Carlucci, and that has spurred Senate opposition to the mic magnitude of less than 4.75 be per- Schlesinger. treaty. He said foreign delegates found it dif- mitted. Kennedy terminated a 3-year This is a quote from General Vessey, ficult to understand how the Senate could consider backtracking from a ban on nuclear moratorium on nuclear tests, declaring former Chairman of the Joint Chief of explosions even though polls show as much that ‘‘never again’’ would the United Staff: as 80 percent of the American public support States make such a mistake. He then Supporters of the CTBT argue that it re- the treaty. embarked upon the most aggressive se- duces the chances for nuclear proliferation. I China’s representative here said that U.S. ries of nuclear tests in the history of applaud efforts to reduce the proliferation of failure to ratify the test ban treaty would be the weapons program. Carter, Reagan, nuclear weapons, but I do not believe that ‘‘a very negative development’’ and joined and Bush all opposed a zero-yield test the test ban will reduce the ability of rogue others in expressing concern that the United states to acquire nuclear weapons in suffi- States is shunning its obligations on global ban while in office. Even the present cient quantities to upset regional security in arms control. administration initially opposed a per- various parts of the world. ‘‘Gun-type’’ nu- ‘‘I don’t like to talk about any country ex- manent zero-yield test ban before sign- clear weapons can be built with assurance ercising world leadership, but in this case we ing onto the CTBT. they’ll work without testing. The Indian and

VerDate Mar 15 2010 21:55 Nov 01, 2013 Jkt 081600 PO 00000 Frm 00039 Fmt 0624 Sfmt 0634 E:\1999SENATE\S12OC9.REC S12OC9 mmaher on DSKCGSP4G1 with SOCIALSECURITY S12368 CONGRESSIONAL RECORD — SENATE October 12, 1999 Pakistani ‘‘tests’’ apparently show that rence. We simply cannot go ahead and enter further behind because we are not in- there is adequate knowledge available to into this treaty at this time at our own great dexing that to inflation. build implosion type weapons with reason- loss and our own great peril. We have also included other pro- able assurance that they will work. The I note again for my colleagues on the grams within the Stockpile Steward- India/Pakistan explosions have been called other side of the aisle that a number of ship Program that were never intended ‘‘tests,’’ but I believe it to be more accurate to call them ‘‘demonstrations,’’ more for po- us are very willing and interested that to be funded out of it, such as the trit- litical purposes than for scientific testing. this not go forward for a vote. We don’t ium production facility for our nuclear A letter signed by John Deutch, want it to go forward for a vote in this weapons. That was to be a separate Henry Kissinger, and Brent Scowcroft session of Congress, either this year or area of funding. This administration has folded that into the Stockpile says: next year. The notion that it would be pulled Stewardship Program, with the result Supporters of the CTBT claim that it will make a major contribution to limiting the down now, then somehow come back that even more of the money necessary spread of nuclear weapons. next year during the middle of a Presi- for the ASCI Program and other key parts of the Stockpile Stewardship It is the same argument we hear time dential election, and be used as some Program will be shorted if we have to and time again, which I wish to be true sort of political tool at that time seems to many of us to be far more spend that money for tritium. because I want this to be a nuclear-free In addition to that, let me quote a world. They say: frightening, with what might happen in the political debate, with the atmos- letter I received from the former Direc- This cannot be true if key countries of pro- phere and the use of this treaty in its tor of one of our National Labora- liferation concern do not agree to accede to tories. This is a letter sent to me in the treaty. To date, several of these coun- discussions for political purposes. tries, including India, Pakistan, North That is why we continue to support September of this year from John Korea, Iran, Iraq, and Syria, have not signed not voting on this now. Let’s also agree Nuckolls who is the former Director at and ratified the treaty. Many of these coun- that we will not do it during this ses- Livermore. Here is what he said: tries may never join the CTBT regime, and sion of Congress. A post-CTBT or other funding reduction ratification by the United States, early or I have used up my allotted period of would increase the uncertainty in long-term late, is unlikely to have any impact on their time. I yield the floor. stockpile reliability. Current and projected decisions in this regard. For example, no se- The PRESIDING OFFICER. The Sen- funding is inadequate. Substantial addi- rious person should believe that rogue na- tional funding is needed for SSP experi- tions like Iran or Iraq will give up efforts to ator from Arizona. mental efforts including construction of an acquire nuclear weapons if only the U.S. Mr. KYL. Mr. President, I know that advanced hydro facility. signs the CTBT. earlier the Democratic side proposed I also note that the so-called ignition If you think about that, they are not an amendment which was accepted by facility, which is planned as a part of going to respond to what we do. this side. I did want to speak to that this, is also behind schedule and over This is a letter from Edward Teller to for just a moment because I don’t be- budget. Senator HELMS. He says this in the let- lieve anyone should suffer any illusions As Mr. Nuckolls pointed out, we are ter, dated February 4, 1998: that the so-called safeguards that are already behind. We are getting further The point I must make is that, in the long part of this amendment are going to in behind, and I don’t think anyone run, knowledge and ability to produce nu- any way enhance the treaty and make should put that much reliance as a re- clear weapons will be widely available. To it more palatable. We accepted it be- sult in the Stockpile Stewardship Pro- believe that, in the long run, proliferation of cause it is what is being done anyway. gram. nuclear weapons is avoidable is wishful It wouldn’t have to be added to the Another safeguard is the nuclear lab- thinking and dangerous. It is the more dan- treaty. The President theoretically is oratory facilities and programs. Of gerous because it is a point of view that the pursuing these things. He should pur- course, we are going to maintain our public is eager to accept. Thus, politicians sue them. But they are not going to are tempted to gain popularity by supporting nuclear laboratories and facilities. I false hopes. make the treaty any better or worse. don’t think anybody would ever as- For example, the first item is the This is a former Assistant Director, sume we were not going to do that. So Stockpile Stewardship Program. It has ACDA, Fred Eimer. He says this: this adds nothing to the treaty. The been assumed all along that there question is, Can you maintain these In conclusion, Mr. Chairman, the proposed would be a Stockpile Stewardship Pro- treaty will put our nuclear deterrent at risk without nuclear testing? It turns out it without significant arms control or non- gram. We don’t have to amend this in is much more difficult to do so. proliferation benefits. Other nations will be order to achieve that. Again, quoting from Mr. Nuckolls’ able to conduct militarily significant nu- The problem is, the Stockpile Stew- letter to me, I will quote the first part clear tests well below the verification ardship Program is very troublesome of his answer: threshold of the Treaty’s monitoring system, even if you assume there would be as- In an extended duration nuclear test ban, and our own unilateral capability. surance at the end of the day that it confidence in the stockpile would be ad- I make these statements simply be- could do the job it was designed to do versely affected by loss of all nuclear test cause this is a big issue. It is an impor- because some people are assuming that trained and validated expert personnel, tant issue, and a lot of people have design is a total replacement of test- major gaps in our scientific understanding of nuclear explosives, nuclear and chemical thought a great deal about it. I think ing. It was never designed to totally re- decay of warheads, accidents and inadequate it to be an inappropriate time to enter place testing but merely to give us a funding of the Stockpile Stewardship Pro- into such a treaty that would so limit greater degree of confidence in the reli- gram. the United States, given all the great ability and safety of our nuclear weap- All nuclear test trained/validated expert concerns and testing and things going ons, not that it could totally replace personnel would eventually be lost. Training on around the world. testing. of the replacement workforce would be seri- I want to give some final quotes of ously handicapped without nuclear testing, But even if you laid that aside, the and expert judgment could not be fully vali- former Directors of the National Weap- notion was that the Stockpile Steward- dated. A serious degradation of U.S. capabili- ons Laboratories. They also oppose the ship Program would be ready in a dec- ties to find and fix stockpile problems, and CTBT. ade. This was announced about 3 years to design and build new nuclear weapons Roger Batzel, Director Emeritus, ago. Now we are being told it will be would be unavoidable. sent this letter on October 5: ready by the year 2010. In other words, what is perceived as a I urge you to oppose the Comprehensive There are slips along the way that good thing—these nuclear laboratory Test Ban Treaty. No previous administra- suggest problems with the Stockpile facilities and programs—is actually tion, either Democrat or Republican, ever Stewardship Program. It is behind being allowed to deteriorate without supported the unverifiable, zero yield, indefi- budget. We haven’t been budgeting the testing. We simply won’t have the peo- nite duration CTBT now before the Senate. amount of money that was indicated as ple available in order to maintain The reason for this is simple. Under a long- duration test ban, confidence in the nuclear necessary to maintain it—the $4.5 bil- those facilities and to be prepared to do stockpile will erode for a variety of reasons. lion a year. We have also not indexed the things he says are necessary to be I don’t think it can be put forward any clear- for inflation. So each year that we sup- done. A serious degradation of U.S. ca- er than that. This is a key part of our deter- ply the $4 billion or so, we are getting pabilities would be unavoidable.

VerDate Mar 15 2010 21:55 Nov 01, 2013 Jkt 081600 PO 00000 Frm 00040 Fmt 0624 Sfmt 0634 E:\1999SENATE\S12OC9.REC S12OC9 mmaher on DSKCGSP4G1 with SOCIALSECURITY October 12, 1999 CONGRESSIONAL RECORD — SENATE S12369 We are not talking about something There being no objection, the article None of these stations, however, is located hypothetical and unimportant. We are was ordered to be printed in the close enough to the main Russian and Chi- talking about the U.S. nuclear stock- RECORD, as follows: nese testing facilities to be able to detect tests conducted covertly inside underground pile. This is the person who used to run MOSCOW, BEIJING BALK AT MONITORS caves, or tests of very small nuclear blasts, this National Laboratory. He is telling (By Bill Gertz) the officials said. us we had better be careful putting our Russia and China refused to permit seismic By contrast, the United States has five pri- reliance on that program. monitoring near their nuclear weapons test mary seismic monitoring facilities under the The third of the so-called safeguards sites that could have resolved some treaty, including one in Nevada, where the is the maintenance of nuclear testing verification problems now troubling the main U.S. nuclear testing site is located. It capability. That is fine, except that we Comprehensive Test Ban Treaty, according will also have 11 secondary sites. Michael Pillsbury, a former acting director are not doing it. This President should to U.S. government officials. Clinton administration officials and con- of the U.S. Arms Control and Disarmament be doing it. He claims to be doing it. gressional aides said the failure of U.S. nego- Agency, said China would have agreed to bet- But it is not being done. We now know tiators to win the cooperation of Moscow and ter seismic monitoring if Beijing were it would take 2 or 3 years to get back Beijing was a ‘‘negotiating failure’’ that un- pushed into it. to the point where we could test. dermined the treaty. It also is a key reason ‘‘Chinese officials have told me that if the I again quote from Mr. Nuckolls’ let- U.S. intelligence agencies said both nations Clinton administration had pushed harder could conduct hidden nuclear tests without they would have agreed to a primary site ter: near the test site,’’ said Mr. Pillsbury, who In an extended duration nuclear test ban, detection. The officials, who spoke on the condition also took part in a recent Defense Science the nuclear test site infrastructure is likely of anonymity because of sensitive intel- Task Force study on nuclear weapons, ‘‘but to decay or become obsolete. Nuclear test ex- ligence issues, said the treaty’s international the Chinese had the impression the Clinton perienced personnel would be lost. A series of monitoring system that includes 50 ‘‘pri- administration didn’t place as a high pri- nuclear tests to diagnose complex reliability mary’’ seismic stations and 120 ‘‘auxiliary’’ ority on treaty verification as they did on problems and to certify a fix, or to develop seismic stations does not include stations maintaining good trade relations. new weapons could take several years. . . . A Senate defense specialist said Russia close to China’s remote northwestern Lop Nuclear testing has been essential to the agreed to allow more sensitive seismic mon- Nur testing site in Xinjiang province, or discovery and resolution of many problems itors to be placed near Novaya Zemlya, but Russia’s arctic Novaya Zemlya. in the stockpile. only if the United States agreed to provide U.S. intelligence agencies suspect the two Moscow with advanced computers and U.S. The point he is making is that you locations were used recently for small nu- nuclear weapons testing data. The adminis- can’t just say you are going to be able clear test blasts. China’s test on June 12 may have been part tration refused. to resume testing unless you take ac- On Russia, the aide said the administra- of efforts by Beijing to build smaller war- tive and take serious steps to maintain tion faces a dilemma. ‘‘Either they accuse heads for its short-range missiles, or mul- that readiness. We are not doing it. the Russians of violating the treaty or con- tiple warheads for its intercontinental bal- And he says in a test ban of this kind, cede the treaty cannot be verified,’’ the aide listic missiles (ICBMs), U.S. intelligence offi- we would not be able to do it. said. cials said. U.S. intelligence agencies are now saying The fourth item is the continued Two suspected nuclear tests detected near comprehensive research and develop- that ‘‘you can have militarily significant de- Novaya Zemlya on Sept. 8 and Sept. 23 are velopments below the [seismic] detection ment program. Of course, we are going believed to be part of Russia’s secret nuclear threshold,’’ the aide said. to be doing that. Intelligence gath- testing program. Administration officials have said erings, analytical capabilities—we will U.S. intelligence agencies reported re- verification is not as important as pro- do the best we can on that, although, cently to policy-makers and members of moting the agreement itself as a deterrent to Congress that Russia and China are the two nuclear weapons proliferation. as has been pointed out, it is inad- nations are most interested and capable of equate. ‘‘The CIA has indicated that they cannot conducting covert tests. ‘‘Both have loca- verify to a hundred percent whether or not Senator RICHARD LUGAR, an arms tions where they could conduct secret tests someone has conducted a nuclear test,’’ De- control advocate and an expert in this that would not be detected,’’ said one intel- fense Secretary William S. Cohen said Sun- body, has concluded reluctantly that ligence official. day on NBC’s ‘‘Meet the Press.’’ this treaty is not verifiable and en- The official said that during treaty nego- ‘‘But we believe with this treaty, you’re forceable and, as a matter of fact, it tiations from 1994 to 1996 at the Conference going to have at least an additional 320 sites cannot be made so. on Disarmament in Geneva, U.S. negotiators that will help monitor testing around the Let me quote from the Washington failed to press for Russian and Chinese agree- world,’’ he said. ‘‘. . . We are satisfied we can ment to tougher monitoring provisions in Times of today because it talks about verify adequately, not a hundred percent, the treaty that would satisfy the concerns of but satisfy ourselves that there is no testing how we negotiated this treaty and how U.S. spy agencies about cheating. doing on that would put us at any kind of a we negotiated the provisions for According to the official, ‘‘if Russia had strategic disadvantage.’’ verification and enforcement. Let me been convinced to have one facility at Asked about the fact, that the United read from the story which is headlined, Novaya Zemlya and China agreed to have States cannot detect unclear blasts below a ‘‘Moscow, Beijing balk at monitors. one near Lop Nur, the level of verification few kiloton yield, Secretary of State Mad- Testing sites not included in nuke trea- would have improved greatly.’’ eleine K. Albright said: ‘‘We can detect what Russia and China also blocked a treaty ty.’’ I am quoting now: we need to.’’ provision that would have required treaty ‘‘Those that are below a certain level, we Russia and China refused to permit seismic signatories to allow small explosive tests do not think would undercut our nuclear de- monitoring near their nuclear weapons test that would have ‘‘calibrated’’ regional seis- terrent because they would be so small that sites that could have resolved some mic stations so they accurately measure un- they would not affect our nuclear deterrent verification problems now troubling the derground blasts, the officials said. capacity,’’ Mrs. Albright said on ABC’s ‘‘This Comprehensive Test Ban Treaty, according Without the calibration, the regional sta- Week.’’ to U.S. government officials. tions will provide misleading or confusing A Pentagon official, however, said the Clinton administration officials and con- data that undermines more accurate data Clinton administration is supporting anti- gressional aides said the failure of U.S. nego- provided by primary stations, they said. nuclear-weapons activists by supporting the tiators to win the cooperation of Moscow and A National Intelligence Estimate, the con- test ban. Beijing was a ‘‘negotiating failure’’ that un- sensus judgment of all U.S. intelligence dermined the treaty. It also is a key reason Mr. KYL. Mr. President, the Senate agencies, presented a finding in 1997 that has a solemn obligation under our Con- U.S. intelligence agencies said both nations said verifying the test-ban treaty will be dif- could conduct hidden nuclear tests without ficult. stitution to be a backstop. We are not detection. That estimate is currently being revised supposed to be a rubber stamp to trea- Before I finish this quotation, let me and is expected to conclude that because of ties. If we were simply to rubber stamp point out why this is important. the lack of verification and the possibility whatever the President sent to us, our Mr. BIDEN. If the Senator will yield, that states could conduct secret tests with- founding fathers wouldn’t have pro- from what document is he reading? out detection, the treaty is even more dif- vided a separate advice and consent re- Mr. KYL. The Washington Times, ficult to verify, said officials close to the in- sponsibility for the Senate. As a mat- telligence community. Tuesday, October 12. Under the treaty, Russia will have six pri- ter of fact, we would be doing the Of- Mr. President, I ask unanimous con- mary seismic stations and 13 secondary sta- fice of the Presidency a big favor by ex- sent that The Washington Times arti- tions; China will have two primary seismic ercising that responsibility in a respon- cle be printed in the RECORD. posts and four secondary facilities. sible way, saying that when we find

VerDate Mar 15 2010 21:55 Nov 01, 2013 Jkt 081600 PO 00000 Frm 00041 Fmt 0624 Sfmt 0634 E:\1999SENATE\S12OC9.REC S12OC9 mmaher on DSKCGSP4G1 with SOCIALSECURITY S12370 CONGRESSIONAL RECORD — SENATE October 12, 1999 treaties that lack even minimal stand- they would have agreed to a primary site think it is difficult now because world ards, then we need to say no, so that near the test site,’’ said Mr. Pillsbury, who opinion will react badly to a negative our negotiators in the future will be also took part in a recent Defense Science vote by the Senate, what do Members able to negotiate stronger provisions— Task Force study on nuclear weapons, ‘‘but think world opinion will be after the the Chinese had the impression the Clinton provisions that we seek because we un- administration didn’t place as high a pri- treaty has been in effect for a decade derstand their importance and neces- ority on treaty verification as they did on and all of a sudden the United States sity for sensible arms control. maintaining good trade relations.’’ tries to withdraw from it because we If we simply ratify what is acknowl- A Senate defense specialist said Russia need to test? edged to be a flawed treaty, then our agreed to allow more sensitive seismic moni- That is real pressure. It is a virtual negotiators are never going to be able toring to be placed near Novaya Zemlya, but impossibility. In fact, President John to say no to bad terms and we are al- only if the United States agreed to provide F. Kennedy said exactly that in speak- ways going to have to then go to the Moscow with advanced computers and U.S. ing about the moratorium that he in- lowest common denominator in these nuclear weapons testing data. The adminis- tration refused. herited from the Eisenhower adminis- treaties—treaties which then become tration. He said never again should we bad for the United States; treaties I think the point of this article and do that because it is not only difficult, which are unverifiable and unenforce- the point of the testimony of several of it is impossible to go back to testing able. Those are concepts that used to the people who came before the com- without political ramifications after cause the Senate to say no, to say we mittees was that the people who nego- having had a moratorium condition. won’t approve a treaty that doesn’t tiated this treaty gave up too soon on The supreme interest clause is cer- have good verification or enforcement too many important provisions, and be- tainly something that would be part of provisions. Those are minimally nec- cause they wanted a treaty more than any administration’s options; whether essary for sensible treaties. they were concerned about the specific or not it is added to the treaty is irrel- Our negotiators tried to avoid a zero- provisions—such as verification and en- evant. The administration always has yield basis in this treaty but they forcement—they were willing to com- that option. It adds nothing. couldn’t so they gave up. They tried to mit the United States to a series of ob- The reason we were happy to accept have a 10-year limit rather than having ligations that will have a profound neg- the amendment offered by the Senator this treaty be in effect in perpetuity, ative impact on our nuclear stockpile from Delaware is that it adds nothing but they couldn’t get it done. So in and yet do very little, if anything, to to the treaty. We assume those provi- order to make a deal, they said: All ensure that other nations in the world sions would be extant and therefore right, we will agree to something less. will not proliferate nuclear weapons. there is no reason to object to it. There If they knew and if their counterparts The President has signed the treaty. is also no reason to celebrate because understood that the Senate at that That doesn’t mean the United States it adds nothing to what we already point would say: No, we are not going needs to ratify it. We should exercise have. to ratify such a treaty, they would our independent judgment, our con- As I said, unless we are a lot more se- more likely have stood firm and been stitutional prerogative, to provide, as I rious about providing the funding that able to hold their ground. said, before the quality control. If we is called for under the amendment and The same thing is true with respect do that, this President and future doing the science that is required, we to these monitors. Administration offi- Presidents’ hands will be strengthened are going to find ourselves getting fur- cials have tried to suggest that actu- when they go to the negotiating ses- ther and further behind, especially ally we will have a better chance of sions to talk about such things as with respect to the Stockpile Steward- monitoring in the future than we do where to place the monitors. Maybe ship Program. today, while many of the experts have the Chinese and the Russians and oth- I don’t think we should say that the debunked that. The fact that the trea- ers at that time will understand they safeguard package has made the treaty ty calls for monitoring sites around the are not going to bamboozle our nego- any better than it was to begin with. world is irrelevant if the sites are not tiators. Because the Senate provides a I ask unanimous consent to have placed in the positions that are best for backstop, we will say no. That is the printed in the RECORD a letter from detection of nuclear weapon explo- way the Founding Fathers understood John H. Nuckolls. sions. What this article is pointing out we could ensure that the United States There being no objection, the letter is that when the United States tried to did not take on inadequate or offensive was ordered to be printed in the interpose that requirement on Russia international arms obligations or limi- RECORD, as follows: tations. and China, the Russians and Chinese JOHN H. NUCKOLLS, said no, and we backed down. So now I have mentioned all the safeguards Livermore, CA, September 2, 1999. we don’t have monitoring stations in but the last one. These safeguards add Hon. JON KYL, key locations in the world near the nothing to the status quo. In fact, I U.S. Senate, Hart Senate Office Building, Chinese and Russian test sites that hope they will be more robustly pur- Washington, DC. would enable the United States to un- sued than this administration has pur- DEAR SENATOR KYL: This letter responds to derstand whether or not they have vio- sued. your April 1, 1999 request for my answers to Last is the withdrawal under the su- five questions concerning the effects of a nu- lated the treaty by engaging in nuclear clear test ban on the reliability and safety of tests. preme interest clause. Even this was the nuclear stockpile. My views do not rep- Let me quote further from the arti- something that the administration resent LLNL. cle, while it points out that Russia and sought to avoid when it negotiated the 1. To maintain confidence in the safety and China will have some seismic stations: treaty initially. The negotiators under- reliability of the U.S. nuclear stockpile in None of these stations, however, is located stood how very difficult—in fact, how absence of nuclear testing, the United States close enough to the main Russian and Chi- almost impossible—it is to invoke the intends to rely on the Stockpile Stewardship nese testing facilities to be able to detect supreme interest clause. There are two Program to accomplish the goals previously tests conducted covertly inside underground reasons for that. They are very simple. achieved through nuclear testing. Setting aside the controversial issue of sustained caves, or tests of very small nuclear blasts, First, if a country hasn’t tested for a the official said. funding for the Program, how confident By contrast, the United States has five pri- decade and all of a sudden this clause is should we be that the Program will achieve mary seismic monitoring facilities under the invoked, that country is, in effect, tell- its goals? In your answer, please address not treaty, including one in Nevada, where the ing all the rest of the world, whoops, only the level of certainty we should have re- main U.S. nuclear testing site is located. It we have a problem; please excuse us garding the Program’s technical goals, but will also have 11 secondary sites. while we test. also the goal of attracting and training nu- Michael Pillsbury, a former acting director That is not a good message to send to clear weapons experts who could fix prob- of the U.S. Arms Control and Disarmament the rest of the world. As difficult as the lems that may develop in the existing stock- pile or design and build new nuclear weap- Agency, said China would have agreed to bet- political inability to invoke this ter seismic monitoring if Beijing were ons. pushed into it. clause, if we think it is hard now to re- In an extended duration test ban, con- ‘‘Chinese officials have told me that if the ject this treaty—which most on this fidence in the stockpile would be adversely Clinton administration had pushed harder side believe should be rejected—if we affected by loss of all nuclear test trained

VerDate Mar 15 2010 21:55 Nov 01, 2013 Jkt 081600 PO 00000 Frm 00042 Fmt 0624 Sfmt 0634 E:\1999SENATE\S12OC9.REC S12OC9 mmaher on DSKCGSP4G1 with SOCIALSECURITY October 12, 1999 CONGRESSIONAL RECORD — SENATE S12371 and validated expert personnel, major gaps would be high unless arms control agree- United States. I very much want to be in our scientific understanding of nuclear ex- ments were restrained, and substantially re- in favor of the treaty but I cannot plosives, nuclear and chemical decay of war- serve forces maintained so that the capabili- favor the treaty because I believe es- heads, accidents and inadequate funding of ties of our nuclear forces substantially ex- sentially it jeopardizes U.S. security. the Stockpile Stewardship Program (SSP). ceeded national security requirements. All nuclear test trained/validated per- 3. Current U.S. plans are to maintain ‘‘the I wish every Senator had the oppor- 1 sonnel would eventually be lost. Training of basic capability to resume nuclear test ac- tunities I have had for the last 5 ⁄2 the replacement workforce would be seri- tivities.’’ In your view, is it technically pos- years. I say that knowing full well my ously handicapped without nuclear testing, sible to maintain the nuclear test site, to- friend from Arizona, while he is not on and expert judgment could not be fully vali- gether with the requisite skilled personnel, the committee that funds the stockpile dated. A serious degradation of U.S. capabili- in a state whereby nuclear testing can read- stewardship, is one of the rare excep- ties to find and fix stockpile problems, and ily be resumed if needed? How quickly do tions in that he and a few other Sen- to design and build new nuclear weapons you believe that testing can be resumed? ators have learned and worked very would be unavoidable. In an extended duration nuclear test ban, There are major gaps in our scientific un- the nuclear test site infrastructure is likely diligently to understand what we have derstanding of critically important processes to decay and become obsolete. Nuclear test been doing since we decided on behalf essential to the operation of nuclear explo- experienced personnel would be lost. A series of the Senate in a Mark Hatfield sives. These gaps create a serious vulner- of nuclear tests to diagnose complex reli- amendment that we would not test nu- ability to undetected problems. Uncertain- ability problems and certify a fix, or to de- clear weapons. ties in performance margins increase this velop new weapons could take several years. What has been the U.S. response to vulnerability. Consequently, there will be a 4. In your experience, how vital has nu- our scientific and nuclear community? growing uncertainty in long-term reliability. clear testing been to the discovery and reso- Essentially, what we have been busy It cannot be assured that the powerful lution of problems with the U.S. stockpile? doing can be encapsulated in the words computational and experimental capabilities Nuclear testing has been essential to the of the Stockpile Stewardship Program will discovery and resolution of many problems ‘‘science-based stockpile stewardship.’’ increase confidence in reliability. Improved in the stockpile. One might say, since that pertains to understanding may reduce confidence in es- 5. Experts agree that nuclear testing can the safety of the weapons system, what timates of performance margins and reli- be conducted by other nations at low yields we used to do could be called nuclear ability if fixes and validation are precluded without its being detected. If other nuclear testing stockpile stewardship. That oc- by a CTBT. weapons states were to continue clandestine curred since the beginning of our nu- Key components of nuclear warheads are nuclear testing at low levels, do you believe ‘‘aging’’ by radioactive decay and chemical clear weapons programs. The United that they could obtain significantly greater States had a formidable, perhaps the decomposition and corrosion. Periodic re- confidence in the reliability of their nuclear manufacture is necessary, but may copy ex- arsenals? world’s best, system of underground isting defects and introduce additional de- With a series of clandestine nuclear tests, testing. fects. Some of the remanufactured parts may Russia could increase confidence in the reli- Testing became very important to differ significantly from the original parts— ability of its nuclear stockpile. Advanced those laboratories—there are now three due to loss of nuclear test validated per- low-yield nuclear weapons could also be de- that are principally called nuclear de- sonnel who manufactured the original parts, veloped, e.g., tactical and BMD warheads. terrent or stockpile stewardship lab- the use of new material and fabrication proc- China and other nations could improve oratories. I am privileged to have two esses, and inadequate specification of origi- their nuclear forces by clandestine tests of of them in my State. When I come to nal parts. There are significant risks of re- nuclear weapons, including tests of U.S. de- ducing stockpile reliability when remanufac- signs obtained through espionage? and Rus- the floor, go to meetings, and talk tured parts are involved in warhead proc- sian designs obtained through various about the fact this is an important pro- esses where there are major gaps in our sci- means? gram and these laboratories are impor- entific understanding. A ‘‘CTBT’’ with clandestine nuclear tests tant, it hardly ever comes into focus In spite of extraordinary efforts to prevent would incentivize and facilitate espionage. like it is today, like it was in our con- accidents, sooner or later ‘‘accidents will Achieving qualitative parity with a static ference at noon, and like it has been happen.’’ Accidents (very probably those of U.S. stockpile would be a powerful incentive. foreign nuclear forces) are likely to generate for the last week as Senator JON KYL Espionage is facilitated when U.S. progress and others have spoken to the fact that requirements for incorporating modern dam- is frozen, and classified information is being age limitation technologies in our nuclear concentrated and organized in electronic what the United States has been trying warhead systems which lack these safety systems. to do is develop a science-based sys- features. Without nuclear tests, confidence These views are my own and do not rep- tem. This system means supercom- in reliability would be substantially reduced resent LLNL. puter simulation and other techniques by the introduction of some safety tech- Sincerely, and skills to see what is going on in a nologies. JOHN H. NUCKOLLS, nuclear weapon without any testing to A post-CTBT or other funding reduction Director Emeritus, LLNL. would increase the uncertainty in long-term assure the parts that might be wearing stockpile reliability. Current and projected Mr. BIDEN. Mr. President, the Sen- out are discernible and can be replaced funding is inadequate. Substantial addi- ator from Virginia would be next, but and that the weapon, indeed, is safe. tional funding is needed for SSP experi- he has kindly yielded to the Senator Frankly, if nothing else, I pray this mental efforts including construction of an from New Mexico. debate will cause Senators and Rep- advanced hydro facility. My friend from Arizona keeps saying resentatives, in particular in the im- The uncertainty in long-term stockpile re- the ‘‘acknowledged flawed treaty.’’ It portant committees of jurisdiction, to liability may be reduced somewhat by in- is not acknowledged to be flawed by 32 creasing performance margins. Depending on understand the importance of this pro- national security requirements, operational Nobel laureates in physics. It is not ac- gram if the United States continues on measures may be feasible which compensate knowledged to be flawed by four of the a path of no testing, for whatever pe- for uncertain stockpile reliability, e.g., limit last five Chairmen of the Joint Chiefs riod of time—and who knows, we may arms control agreements so that large and of Staff. It is not acknowledged to be do that in spite of this treaty not being diverse reserves of warheads and delivery flawed by the weapons lab Directors, et ratified by the United States. I do not systems can be maintained, use multiple cetera. want to engage in a maybe-and-maybe- independent forces on each target and maxi- I want to make it clear, he states not discussion on that, but the United mize use of shoot-look-shoot. 2. Certification of U.S. nuclear weapons, some believe it is flawed. The majority States is trying hard. Nonetheless, my once achieved through nuclear testing, is of the people who are in command and principal concerns about this Treaty— now accomplished through a process of re- have been in command—the Secre- and there are many—center around view by experts. How crucial is the nuclear taries of Defense who have been men- four reasons, and three of them have to testing experience of those experts to their tioned—if we balance it out, clearly do with science-based stockpile stew- ability to perform the certification task? think this is not a flawed treaty. ardship. What level of risk would you associate with I yield on the Republican time to my First, the science-based stockpile having a certification process in the future friend from New Mexico. stewardship is new; it is nascent; it is that utilizes only individuals who have had no nuclear testing experience? Mr. DOMENICI. Mr. President, there just starting. It is not finished. It has Stockpile confidence would be reduced if can be no question that this debate and not been completed. It is not perfected. certification were performed by experts lack- the vote which might occur are very As a matter of fact, to the Senators ing nuclear test experience. The level of risk significant and historic events for the who are on the floor, probably some of

VerDate Mar 15 2010 21:55 Nov 01, 2013 Jkt 081600 PO 00000 Frm 00043 Fmt 0624 Sfmt 0634 E:\1999SENATE\S12OC9.REC S12OC9 mmaher on DSKCGSP4G1 with SOCIALSECURITY S12372 CONGRESSIONAL RECORD — SENATE October 12, 1999 the most profound testimony regarding When the United States declared a everything there is about it and con- America’s stockpile of nuclear weapons unilateral moratorium in 1992, the onus tain all of the so-called corporate occurred in the Armed Services Com- was on the scientists and National Lab- memory with reference to the science mittee last week when sitting at the oratories to design and implement a testing and the like. witness table was the Secretary of En- program that would ensure the safety, My colleagues all know that I have ergy, surrounded by the three National reliability, and performance of our nu- fought very hard to get the money for Laboratory Directors. clear arsenal without testing. This is the Stockpile Stewardship Program. It goes without saying that our coun- an onerous, complicated task that has We came perilously close this year to try owes them a high degree of grati- yet to be fully implemented and vali- having this part of our budget cut by as tude and thanks for what they do, for dated, and I just stated that. much as $1 billion by the House. I Science-based stockpile stewardship they oversee the safety of our weapons think after weeks of saying we would was designed to replace nuclear tests under this new approach which is very not go to conference—it is not worth through increased understanding of the different for them, and that is, no test- going to conference to fight—it was be- nuclear physics in conjunction with ing; they must certify that everything lieved it would be better to stay at last unprecedented simulation capabilities. is OK without testing. Scientists and year’s level. They finally came to the This requires a lot of money. In fact, physicists steeped in knowledge about point where we have a Stockpile Stew- full implementation of the stewardship nuclear weapons—one of them is a nu- ardship Program funded, but in an al- program is more expensive than reli- clear weapons expert of the highest most irreverent way. order—testified, and I will quote in a ance on nuclear tests, and I do not say while some of the difficulties they see this as an excuse for moving back to Dr. Browne of Los Alamos said: with reference to their responsibility. testing. The truth of the matter is it I am confident that a fully supported and Secondly, I do not know what to do proves we are very willing to keep our sustained program will enable us to continue about it, but the difficulty, as they tes- stockpiles safe, reliable, and sound, to maintain America’s nuclear deterrent tified, in securing the funding they even if it costs us more money, so long without nuclear testing. However, I am con- need without new mandates imposed as we do not do underground testing on cerned about several trends that are reduc- ing my confidence level each year. These in- upon them is very uncertain. The dif- the other side of the ledger. There is no question that in addition, clude annual shortfalls in planned budgets, ficulty is real and it is uncertain as to increased numbers of findings in the stock- whether they will continually over the validity of this approach remains pile that need resolution, an augmented time get sufficient resources. unproven, and key facilities, such as workload beyond our original plans, and un- Third is, and I say this with a clear the National Ignition Facility, are be- funded mandates that cut into the program. hope that the Secretary of Energy and hind schedule and over budget, and it is It is pretty clear that it is not what the President will listen, the unknown supposed to be one of the integral parts they would like it to be. impact of the failure on the part of this of being able to determine the stock- administration to proceed with reorga- pile confidence. He also said he was nizing the Department of Energy on This program will attempt to pre- concerned about other significant disturb- stewardship efforts. I do not want to serve the viability of existing weapons ances this year in the stability of the sup- belabor in this speech the efforts that indefinitely. We no longer possess the port from the government, partially in re- many of us went to in streamlining ac- production capabilities to replace the sponse to concerns about espionage. This has countability of the nuclear weapons weapons, and maybe Senator KYL has sent a mixed message to the Laboratory that will make it more difficult to carry out programs within the Energy Depart- referred to that. We have already got- ment. We called it a semiautonomous ten rid of our production facilities. the stewardship program. According to agency—so that Department, which is Currently, seven highly sophisticated this good doctor who heads Los Ala- in charge of the nuclear weapons, in- warhead designs comprise our arsenal. mos, the task of recruiting and train- cluding the profound things we are Each weapon contains thousands of ing the requisite talent is hindered by talking about with respect to their components, all of which are subject to the current security climate at the lab- safety, will not be bogged down by decay and corrosion over time. Any oratories. rules, regulations, personnel, and other small flaw in any individual compo- I strongly believe that the establish- things from a Department as diverse as nent would render the weapons ineffec- ment of a semi-independent agency for the Department of Energy. tive. In addition, because we intend to nuclear weapons activities will signifi- As a matter of fact, the more I think preserve, rather than replace, these cantly enhance efforts to ensure the about it, the more I am convinced they weapons with new designs, aging ef- success of the Stockpile Stewardship should get on with doing what Con- fects on these weapons remains to be Program. At the same time, this reor- gress told them to do instead of this seen. I quote Dr. Paul Robinson of Sandia ganization will require many months waffling out of it by putting Secretary to accomplish. I ask my colleagues the Richardson in charge of both the En- National Laboratory in his testimony last week: following question: Should we make an ergy Department and a new inde- international declaration regarding pendent agency—which was supposed Confidence in the reliability and safety of the nuclear weapons stockpile will eventu- U.S. nuclear tests in the midst of a to be created so it would be semi- ally decline without nuclear testing. complete overhaul of the Department autonomous, and he will head them . . . Whether the risk that will arise from responsible for those weapons? I don’t both under an interpretation that can- this decline in confidence will be acceptable think so. Such an action would be pre- not be legal—just indicates to me that or not is a policy issue that must be consid- mature. they are not quite willing in this De- ered in light of the benefits expected to be Lastly, today we cannot clearly de- partment of Energy to face up to the realized [if you have a] test ban. fine the direction the world will take serious problems of our nuclear stock- Are we ready today to accept a de- on nuclear issues. This concern speaks pile and such things as science-based cline in confidence of our nuclear de- both for and against the treaty. Treaty stockpile stewardship. terrent? Can we today accurately Lastly, and for many who talked on weigh the benefits on either side of the proponents believe that U.S. ratifica- the floor, the most important issue is issue? I do not think so. On the other tion and the treaty’s entry into force the ambiguities and threats to our hand, we risk complete collapse of on- will curb proliferation. This treaty, if international security at the present going disarmament initiatives by pre- fully implemented, would enhance our time. I will talk about that a bit be- maturely rejecting this treaty. That is ability to detect nuclear tests and cre- cause some Senators are asking: How why I believe it is not inconsistent ate a deterrent to nations that may as- can you be against the treaty and at that I am not for it, but I would not pire to possess nuclear weapons capa- the same time say we ought to put it like it to be voted on. bilities. off? There are substantial risks with un- However, others say, without ques- Let me repeat, my last concern is the known consequences. Success of the tion, this treaty is not a silver bullet. ambiguities and threats to our inter- Stockpile Stewardship Program re- The administration has touted it as national security at present. quires recruiting the brightest young such. This treaty is only one measure I will proceed quickly with an elabo- scientists. We have to begin to sub- of many that should comprise a solid ration. stitute for the older heads who know nonproliferation agenda. For example,

VerDate Mar 15 2010 21:55 Nov 01, 2013 Jkt 081600 PO 00000 Frm 00044 Fmt 0624 Sfmt 0634 E:\1999SENATE\S12OC9.REC S12OC9 mmaher on DSKCGSP4G1 with SOCIALSECURITY October 12, 1999 CONGRESSIONAL RECORD — SENATE S12373 this treaty would be acceptable if ac- rently, all of the declared nuclear pow- lose regardless of the outcome of this companied by substantive bilateral ers have a moratorium on testing, and vote. commitments with Russia and multi- two of those, Britain and France, have I thank the Senate for listening and lateral commitments among the de- signed and ratified the Test Ban Trea- the leadership for granting me this clared nuclear powers. A framework for ty. time. I yield the floor. international disarmament, non- If the Senate votes against this Trea- Mr. BIDEN addressed the Chair. proliferation, and stability may very ty, we will send the signal to the world The PRESIDING OFFICER. The Sen- well include a Test Ban Treaty, but it that the U.S. has no intent to make ator from Delaware. should also be accompanied by binding good on its earlier commitments. Mr. BIDEN. I yield 10 minutes to my commitments on future disarmament START II will wither in the Duma; ne- friend from Virginia. objectives, such as the Fissile Mate- gotiations with Russia on START III The PRESIDING OFFICER. The Sen- rials Cutoff Regime, and the Anti-Bal- and the Anti-Ballistic Missile Treaty ator from Virginia. listic Missile Treaty. will most likely falter. We would most Mr. ROBB. I thank the Chair and We have only one treaty—one facet likely witness a rash of nuclear tests in thank the distinguished Senator from of a complex picture—before us today. response. Killing this Treaty would in- Delaware. It may contribute to achieving other evitably also impact upcoming elec- Mr. President, on balance I person- disarmament objectives, but we are tions in Russia. To the Russians our ally believe the arguments for ratifica- being asked to wager our nuclear deter- actions in Kosovo underscored NATO’s tion of the CTBT are far more persua- rent on the hope that formal commit- willingness to engage in out-of-area op- sive than the arguments against ratifi- ments from other nuclear powers and erations, even in violation of sov- cation. But I recognize the legitimacy threshold states will be forthcoming. ereignty. Anti-U.S. sentiments in Rus- of some of the arguments made against We sign on the dotted line that we will sia soared. Not only would a down vote ratification. I recognize the credibility not utilize testing to maintain our on this Treaty play into the hands of of some of those making those argu- stockpile, and we plead with the world the Communists and Nationalists, U.S. ments. I respect the sincerity of col- to follow suit. actions would essentially give Russia leagues who believe that ratification Or we reject the Treaty now and the go-ahead to begin testing a new would be a mistake. eliminate others’ potential hesitation generation of tactical nuclear weapons Having said that, I will not repeat all regarding future tests. to secure its border against NATO. of the reasons that I would vote for Only 23 of the 44 nations required for We risk little by postponing consider- ratification, if we are, indeed, forced to the Treaty’s entry into force have rati- ation of this Treaty. We put our most go ahead with the vote scheduled for fied it. India, Pakistan, North Korea, vital security interests at stake by later this afternoon. I would simply ap- Russia and China have not ratified it. rushing to judgement on it. peal to colleagues who oppose ratifica- Neither India nor Pakistan have even In sum, defeat of this Treaty at this tion not to let their feelings—their per- signed the treaty. point will have a devastating impact sonal feelings—toward our Commander We should not rush to vote on this on numerous current foreign policy ini- in Chief or their desires for a decisive matter. tiatives that are clearly in the U.S. na- political victory to weaken the role of Regardless of the vote count, we risk tional interest. We can anticipate an the U.S. leadership in the international either permanent damage to our non- unraveling of initiatives toward bilat- community or encourage additional proliferation objectives or the safety eral disarmament with Russia, and we testing by nations that might not oth- and reliability of the U.S. nuclear arse- will forfeit any remaining hope of pre- erwise do so, and thus make the world nal. Continuing our moratorium on nu- venting a nuclear arms race between less secure and more dangerous. clear testing and not acting on this India and Pakistan. We will open wide On the politics, opponents of ratifica- Treaty is the best course of action for the door for China to proceed with tion at this time have already won. No now. tests to validate any nuclear designs one contends that 67 Senators are pre- We have time. Time to observe inter- based on the alleged stolen W–88 blue- pared to vote for ratification. No one is national changes and formulate a nu- prints. suggesting that this President or any clear posture suitable for a new era. At the same time, Stockpile Stew- future President is going to bring the Time to evaluate the future of our bi- ardship is as yet unproven. We still do treaty up for ratification again unless lateral relations with Russia and not fully understand the aging effects and until they have those 67 votes. China. And time to first ensure the on our nuclear arsenal. Such aging ef- I happen to be one of the 10 Senators success of Stockpile Stewardship. fects relate both to the components who engaged in an extended discussion U.S. ratification would provide a which comprise the nuclear weapons of this treaty with the President and positive signal and increase our lever- and the scientific experts who initially his national security team last Tues- age at the negotiating table in our pur- designed and tested them. Also, as wit- day evening. Many others have been suit of many non-proliferation objec- nessed again this year, the budget for actively engaged in the debate from tives. If the Senate does not ratify this the full implementation of Stockpile the very beginning. As I recall, there Treaty, which appears highly likely at Stewardship is anything but secure. In were six Republicans and four Demo- the present, many of our current for- light of the current situation, ratifica- crats; and we were equally divided on eign policy initiatives will unravel. tion of this Treaty may put us at risk. the question of ratification. Most importantly, a negative vote on The timing of this debate is such I wish to commend all of the Sen- the CTBT will further erode the Nu- that I have to weigh very carefully be- ators involved in that process and clear Non-Proliferation Treaty, NPT, tween the negative impact of this Trea- throughout, but particularly those Re- itself. We secured indefinite extension ty’s possible defeat and the annual publicans who stated during that meet- of the NPT in 1995 by committing to budgetary struggles for Stockpile ing, very forcefully, why they oppose lead negotiations, sign and ratify the Stewardship in combination with the the treaty and why a ratification vote Test Ban Treaty. There is an explicit scientific community’s own doubts would fail but nonetheless were willing link between our Article VI commit- about the Stockpile Stewardship pro- to help find a way to pull us back from ments to disarm and the CTBT. gram. the brink—for the good of the country Many other steps could be taken to We should maintain the moratorium and in the interest of a safer world. demonstrate a good faith effort toward on testing and postpone the vote on In this instance, the President has nuclear disarmament. The Test Ban this matter. acknowledged that if we go ahead with Treaty is just one element of a com- It is irresponsible and dangerous to the vote, he will lose. But he is asking prehensive strategy to reduce nuclear proceed now with the debate and vote us not to defeat our own national in- dangers. The U.S. and Russia have al- on this Treaty. We have nothing to lose terest as well by voting down this trea- ready radically reduced stockpiles by maintaining our current status of a ty. from their Cold War levels. Progress unilateral moratorium and having The Senate, in pressing its case, how- has been made in the negotiations for a signed but not yet ratified the Test ever, for an up-or-down vote at this fissile materials cutoff regime. Cur- Ban Treaty. But we have everything to point, in my judgment, injures the

VerDate Mar 15 2010 21:55 Nov 01, 2013 Jkt 081600 PO 00000 Frm 00045 Fmt 0624 Sfmt 0634 E:\1999SENATE\S12OC9.REC S12OC9 mmaher on DSKCGSP4G1 with SOCIALSECURITY S12374 CONGRESSIONAL RECORD — SENATE October 12, 1999 country’s ability to lead and strikes a Under what substantive rationale Stockpile Stewardship Program. From blow at American leadership around would Russia or another country pro- what we heard from the Directors of the world. Far more is at stake than ceed in light of the outcry and con- the labs last week, the Stockpile Stew- defeating the policy and agenda of this demnation that would surely follow? ardship Program is, by all accounts, a particular President. Make no mistake, I believe this matter is ripe for an work in progress. Some said it would allies, friends, and enemies would view agreement we can negotiate among take 5 years to reach the point where the defeat of the CTBT as a green light ourselves in the Senate, through unani- we could have confidence in the pro- for more nuclear testing and further mous consent, that delays CTBT con- gram; some said 10. One said it would development of nuclear weapons, either sideration until the next Congress. I be as long as 15 to 20 years before we strategic or tactical. am prepared to support CTBT regard- could know whether or not this pro- Defeat of the treaty will not be per- less of the political affiliation of the gram was going to be of a sufficient ceived as a signal of restraint. Just the Commander in Chief. But due to the confidence level that we could count opposite. Delay of consideration of the untenable circumstances in which we upon it without reliance upon tests. matter at least gives us the oppor- now find ourselves, we should honor There are two major questions about tunity to address continuing concerns the request of this Commander in Chief this program. One is, Will it work? We about monitoring and verification, as and delay a vote. are not going to know that for many best we can, while delivering the mes- With that, Mr. President, I yield the years. Will it work sufficiently that we sage to other nations that we should floor. can rely upon high-speed computers proceed with yellow-light caution in Mr. HUTCHINSON addressed the and modeling and annual examinations regard to testing and development of Chair. without any kind of test to have the their programs. The PRESIDING OFFICER. The Sen- confidence that they are reliant and I have carefully reviewed the intel- ator from Arkansas. safe and that, should they tragically ligence community’s analysis of our Mr. HUTCHINSON. Mr. President, I ever need to be used, we could count on CTBT monitoring capabilities—includ- yield myself 15 minutes to speak in op- them actually working? ing the 1997 national intelligence esti- position to the Comprehensive Test The second very big issue is whether mate and the updating of that docu- Ban Treaty. it will be funded adequately so the pro- ment—and admittedly, there are no ab- I also sat through a week of hearings gram can be developed to that level of solutes when it comes to our ability to last week. I also, as a member of the confidence. We have every indication detect and identify some tests at low Armed Services Committee, had the that this will be an area in which Con- yields with high confidence. The more opportunity to hear our intelligence gress in the future will seek to cut, an critical issue at hand, however, is the community, to hear representatives area in which there will not be the significance of possible evasion and the from the Department of Defense, and kind of commitment, the kind of re- rationale that underlies such action to hear the Directors of our labora- sources to ensure the development of and what it means for the inherent ad- tories. I respectfully reached a dif- this Stockpile Stewardship Program to vantage we currently maintain with ferent conclusion as to what the evi- a point we can have absolute con- our nuclear arsenal. dence is. In fact, in my estimation, the fidence in it. I urge our colleagues to weigh very evidence is strong enough to raise seri- I want Members to think about the carefully the views of the intelligence ous doubts about the wisdom of ratify- duration of this treaty—forever. Are community. The intelligence commu- ing this treaty. The evidence, I believe, we so confident today that we will nity believes we can effectively mon- indicates that in fact Russia is cur- never again need nuclear testing, so itor the CTBT. We approved the Chem- rently testing low-level nuclear weap- certain that we are willing to deprive ical Weapons Convention aware of the ons and is seeking to develop, from all future Commanders in Chief, all fu- fact that denial and deception tech- their own public statements and the ture military leaders, all future Con- niques would prevent us from con- Russian media, a new type of tactical gresses of the one means that can actu- firming absolutely that production, de- weapon, and there were suspected Rus- ally prove the safety and reliability of velopment, and stockpiling were not sian tests as recently as September 8, our nuclear deterrent? Are we that going on. But as with the CTBT, we 1999, and September 23, 1999. confident? I suggest we are not. were able to approach the subject of I believe when we have these kinds of Proponents of the treaty will say monitoring with a high degree of con- issues of the gravest weight to our Na- that that is not the case, that this fidence that signatories were not vio- tion and to our Nation’s security, when commitment is not forever. They will lating the CWC. As a result, implemen- there are doubts about verification— point to the fact that the treaty allows tation of that pact is contributing to and I think it is overwhelmingly clear for withdrawal if our national interest our national security. from what I heard from the intel- requires it. Proponents of the treaty Senate hearings this past week sug- ligence community—we cannot have promise that if we reach a point where gest an emerging story at Novaya assurance that we will be able to verify the safety and reliability of our nu- Zemlya but not outright violations of a zero-yield treaty. That was very clear deterrent cannot be guaranteed CTBT provisions. Transparency is lack- plain and very clear from the testi- without testing, then all we need to do ing there, and perhaps a delay in con- mony we heard. Verification is not pos- is exercise our right to withdraw and sideration of the treaty will aid our ef- sible. Therefore, it is not in the best in- we would, at that point, resume test- forts to sort out ongoing developments terests of our Nation to ratify this ing. in this particular location. But defeat- treaty. This so-called ‘‘supreme national in- ing the CTBT on the concerns we have There are numerous reasons to op- terest’’ clause, along with safeguard F, about this one site would represent a pose the treaty. We have heard many of in which President Clinton gives us his failure to understand what is in our them during the debate on the floor of solemn word that he will ‘‘consider’’ a broad national interest. Creating a nor- the Senate. Many have been discussed resumption of testing if our deterrent mative global standard not to test will very clearly. I will focus on one par- cannot be certified, is supposed to give do enormous good and will act as a ticular feature of this agreement us a sense of reassurance. powerful force to stop would-be cheat- which, in my view, is sufficient in and The fact is, this reassurance is a hol- ers in their tracks. of itself to reject ratification of this low promise. I think supporters of the It is reasonably clear to our intel- treaty. That is the issue of the treaty’s treaty realize it. The fact is, if the crit- ligence community that Russia and duration. ical moment arrives and there is irref- perhaps others would not necessarily This is an agreement of unlimited du- utable evidence that we must conduct make gains in their thermonuclear ration. It is an agreement that is in nuclear testing to ensure our deterrent weapons program through an evasive perpetuity. That means if it is ratified, is safe, reliable, and credible, those low-yield testing program without the United States will be committing same treaty supporters will be shout- risking exposure of such tests to the itself forever not to conduct another ing from the highest mountain that the international community. Given that nuclear test. It would make us depend- very act of withdrawing from this trea- reality, it simply begs the question: ent upon, totally reliant upon, the ty would be too provocative to ever be

VerDate Mar 15 2010 21:55 Nov 01, 2013 Jkt 081600 PO 00000 Frm 00046 Fmt 0624 Sfmt 0634 E:\1999SENATE\S12OC9.REC S12OC9 mmaher on DSKCGSP4G1 with SOCIALSECURITY October 12, 1999 CONGRESSIONAL RECORD — SENATE S12375 justified, that no narrow security need States with long-range ballistic mis- States cannot withdraw from the ABM of the United States could ever over- siles. Today, numerous rogue states are Treaty because it has become too im- ride the solemn commitment we made diligently working to acquire long- portant to the world community. to the world in agreeing to be bound by range missiles with which to coerce the Those who see arms control as an end this treaty. United States or deter it from acting in in itself oppose even the consideration If Members don’t believe that will its interests, and these weapons are so of withdrawal, claiming passionately happen, they need only to look at our attractive precisely because we have no that the United States owes it to the current difficulties with the 1972 ABM defense against them; indeed, we are world to remain vulnerable to missile Treaty. I believe it provides a chilling legally prohibited from defending attack. Our participation in this treaty glimpse of our nuclear future should we against them by the ABM Treaty of transcends narrow U.S. security inter- ratify an ill-conceived test ban at this 1972. ests, they claim; we have a higher obli- time. As is the Comprehensive Test Technologically, too, the ABM Trea- gation to the international commu- Ban Treaty, the ABM Treaty is of un- ty is obsolete. The kinetic kill vehicle nity, they claim. After all, if the limited duration. There are many par- that destroyed an ICBM high over the United States is protected from attack, allels. That is one of them. The ABM Pacific Ocean on October 2 was un- won’t that just encourage others to Treaty includes a provision allowing dreamed of in 1972. So was the idea of build more missiles in order to retain the United States to withdraw if our a 747 equipped with a missile-killing the ability to coerce us, thus threat- national interests so demand, another laser, which is under construction now ening the simplistic ideal of ‘‘strategic very clear parallel and treaty obliga- in Washington State, or space-based stability’’? That phrase, translated, tions are more clearly mismatched tracking satellites like SBIRS-Low, so means that citizens of the United than with the ABM Treaty today. It is precise that they may make tradi- States must be vulnerable to inciner- very difficult to imagine a situation in tional ground-based radars superfluous ation or attack by biological weapons which the national security interests in missile defense. Yet this ABM Trea- so other nations in the world may do as we have could be more clearly mis- ty, negotiated almost three decades they please. matched than with the ABM Treaty. ago, stands in the way of many of these Even though the ABM Treaty is Its supporters insist, though, that technological innovations that could hopelessly outdated—almost 30 years withdrawal is not just ill advised, but provide the United States with the pro- old—and prevents the United States supporters would say it is unthinkable. tection it needs against the world’s from defending its citizens against the The voices wailing loudest about new threats. new threats of the 21st century, sup- changing this obsolete agreement are Now proponents of this new treaty porters of arms control insist that the same ones urging us today to en- will say we can always pull out, that if withdrawal is unthinkable. Its very ex- tangle ourselves in another treaty of situations and circumstances change, istence is too important to be over- unlimited duration. we can always invoke our national se- ridden by the mere security interests Earlier, Senator KYL rightly pointed curity provision and we can withdraw of the United States. out that the negotiators for this treaty from this treaty. If in the future we Absurd as such a proposition sounds, originally wanted a 10-year treaty. Pre- find we must test in order to ensure it is the current policy of this adminis- vious Presidents wanted a treaty of the stability and reliability and safety tration, and it is supported by the very limited duration, but we have before us of our nuclear deterrent, we can pull same voices who now urge us to ratify one that would lock us into a commit- out and do that. I suggest that that is this comprehensive test ban. ment in perpetuity. The Clinton administration has been Think of the ways in which the ABM not even a remote possibility. Once we reluctantly forced by the Congress into Treaty is mismatched with our modern make this commitment, just as we did taking serious action on missile de- security needs. Yet we confront our ab- on the 1972 ABM Treaty, there will be solute unwillingness to consider any no withdrawing, there will not even be fenses—thankfully. It admits that the option to withdraw. The treaty was consideration of the possibility that it system it needs to meet our security conceived in a strategic context ut- might be in our national interest to requirements cannot be deployed under terly unlike today’s, a bipolar world in withdraw from a treaty to which we the ABM Treaty. Yet so powerful are which two superpowers were engaged in have made a commitment. the voices calling on the United States both a global rivalry and an accom- These new threats today have led to to subjugate its own security interests panying buildup in strategic nuclear a consensus that the United States to arms control that the administra- forces. Now, today, is a totally dif- must deploy a national missile defense tion is proposing changes to the ABM ferent context and situation. One of system and a recognition that we are Treaty that, by its own admission, will those superpowers no longer exists at behind the curve in deploying one. The not allow a missile defense system that all. What remains of that superpower National Missile Defense Act, calling will meet our requirements. It has de- struggles to secure its own borders for deployment of such a system as clared what must be done as ‘‘too hard against poorly armed militants. soon as technologically feasible, passed to do’’ and intends to leave the mess it The arms race that supposedly justi- this body by a vote of 97–3, with a simi- created for another administration to fied the ABM Treaty’s perverse deifica- lar ratio of support in the House. clean up. All because arms control be- tion of vulnerability has not just halt- Just as obvious as the need for this comes an end in itself. ed, it has reversed, no thanks to arms capability is the fact that the ABM That sorry state of affairs is where control. Today, Russian nuclear forces Treaty prohibits us from deploying the we will end up if the Senate consents are plummeting due not to the START very system we voted to deploy. But to ratification of the CTBT. Those II agreement—which Russia has re- does anybody talk about withdrawing treaty supporters who are saying now, fused to ratify for nearly 7 years—but from the ABM Treaty because it is in ‘‘Don’t worry, there is an escape to economic constraints and the end of our national security interests? Abso- clause,’’ will be the same ones who, 5 or the cold war. In fact, their forces are lutely not. I suggest we will be in the 10 years from now—when there is a falling far faster than treaties can keep same kind of context should we ratify problem with our stockpile and the Na- up with; arms control isn’t ‘‘control- the treaty that is before us today. tional Ignition Facility is not finished ling’’ anything; economic and strategic Clearly, the ABM Treaty must be and we find out we overestimated our considerations are. Similar forces have amended or jettisoned. The Russians ability to simulate the workings of a led the United States to conclude that have so far refused to consider amend- nuclear weapon—will be saying we dare its forces can also be reduced. Thus, de- ing it, so withdrawal is the most obvi- not withdraw from this treaty because spite a strategic environment com- ous course of action if United States we owe a higher debt to the inter- pletely different from the one that security interests are to be served. national community. That is what we gave birth to the ABM Treaty, its sup- Listen to the hue and cry at even the will hear. porters stubbornly insist we must re- mention of such an option today. From I don’t represent the international main a party to it. Russia to China to France, and even to community; I represent the people of In 1972, only the Soviet Union had here on the floor of the Senate, we the State of Arkansas. Our decision the capability to target the United have heard the cry that the United here must serve the best interests of

VerDate Mar 15 2010 21:55 Nov 01, 2013 Jkt 081600 PO 00000 Frm 00047 Fmt 0624 Sfmt 0634 E:\1999SENATE\S12OC9.REC S12OC9 mmaher on DSKCGSP4G1 with SOCIALSECURITY S12376 CONGRESSIONAL RECORD — SENATE October 12, 1999 the United States and its citizens. Our ify the CTBT will give North Korea ‘‘an remind people of it now and again and experience with the ABM Treaty is a obvious reason not to ratify the again and again. But I yield the floor. perfect example of how arms control CTBT.’’ The PRESIDING OFFICER. Who agreements assume an importance far Dr. Perry, the Secretary of Defense seeks recognition? beyond their contribution to the secu- in President Clinton’s first term, en- The Senator from Arizona. rity of our Nation. The Comprehensive dorsed ratification of the treaty. He Mr. KYL. Mr. President, I think my Test Ban Treaty’s unlimited duration said it serves well the security inter- colleague from New Hampshire wishes is a virtual guarantee that this agree- ests of the United States. to speak. Let me take a minute before ment will prevent us from conducting I cite that only because it is current. he does to respond to two things that nuclear testing long past the point at Lastly, I would say that listening the Senator from Delaware said. which we decide such testing is nec- with great interest to the last several I find it interesting that North Korea essary. As our ABM experience shows, speakers I find it again fascinating would be used as the example of a we should take no comfort from the that this is a lot more than about country that will pursue nuclear weap- presence of a so-called ‘‘supreme na- CTBT. It is about ABM. It is about ons if we don’t ratify the test ban trea- tional interest’’ clause. what our nuclear strategy should be. ty, according to Secretary Perry. Now, should we just put it off or My friend from Arkansas, as well as Mr. BIDEN. That is not what he said, should we vote on it? I believe our re- others who have spoken, has great if I may interrupt, if I could quote sponsibility is not the world opinion. faith in our ability to erect a nuclear what he said. Our responsibility is, frankly, not the shield that can keep out incoming nu- Mr. KYL. Please do. public opinion polls of the United clear weapons in the scores, dozens, or Mr. BIDEN. He said it will give North States. The American people, as a potentially hundreds, which is a monu- Korea ‘‘an obvious reason not to ratify whole, have not had the benefit of mental feat, if it can be accomplished— CTBT.’’ He did not say it will give hearing the Directors of our National we may be able to accomplish it—but them reason to produce nuclear weap- Labs or the DOD come and testify be- don’t have the confidence that those ons. fore us as to the difficulties of same scientists could figure out a way Mr. KYL. I think that is a very im- verification and the difficulties of de- to take a weapon off the nose of a mis- portant distinction. I thank my col- veloping our Stockpile Stewardship sile, look and determine whether or not league for making it because, clearly, Program. If it is a flawed treaty—and I it has deteriorated. I would suggest one North Korea is not going to be per- believe it is—if it is a defective trea- is considerably more difficult to do suaded to eschew nuclear weapons by ty—and I believe it is—if it is not in than the other. But it is a little bit the United States ratifying the CTBT. our national security interest—and I about where you place your faith. North Korea will do whatever it wants believe it is not—then we should vote, Lastly, I, point out for those who are to do regardless of what we do. That is and we should vote to defeat the treaty talking about verification—my friend pretty clear. To suggest that we need and not ratify it. from Arizona heard me say this time to ratify this treaty in order to satisfy This is a treaty that I believe will and again, and I would suggest you all North Korea is absurd. not get better with age. It will not get go back and look at, if you were here, North Korea is a member of the non- better by putting it on a shelf for con- how you voted on the INF Treaty, the proliferation treaty right now. By defi- sideration at some future date. I be- Reagan INF Treaty, or if you weren’t nition, North Korea is in violation of lieve it is flawed. I believe it is defec- here, what President Reagan said be- that treaty if it ever decides to test a tive. I believe it is not in our national cause many of my friends on the Re- nuclear weapon because it would be af- security interest. I believe it is our publican side quote Ronald Reagan firming the fact that it possesses a nu- constitutional responsibility not to put when he says ‘‘trust but verify.’’ No- clear weapon which is in violation of it off but to vote our conscience. body can verify the INF Treaty. The the NPT. North Korea is not a country I urge the defeat of what I believe is intelligence community—and I will not the behavior of which we can affect one a flawed treaty. read again all of the detail; it is in the way or the other by virtue of a morato- I yield the floor. Record—indicated we could not verify rium on testing. If that were the case, The PRESIDING OFFICER (Mr. the INF Treaty, and we said and the then North Korea would have long ago BROWNBACK). The Senator from Dela- Reagan administration said and Presi- decided to forego the development of ware. dent Reagan said in his pushing the nuclear weapons because the United Mr. BIDEN. Mr. President, I yield INF Treaty that no verification was States hasn’t tested for 8 years. Clear- myself 2 minutes, and then I would be possible completely. Yet with the fact ly, our actions have had no influence happy to yield to the Senator. that we didn’t even know how many on North Korea, except to cause North I want my colleagues to note—they SS–20s they had, it was concluded that Korea to blackmail the United States may not be aware of it, and I wasn’t they could adapt those to longer range, by threatening to develop nuclear until a few minutes ago—as further interchange them with shorter-range weapons and by threatening to develop consideration of how this may or may missiles and longer-range missiles, and missiles unless we will pay them trib- not affect the events around the world hide them in silos. But my Republican ute. I don’t think North Korea is a very there apparently has been a coup in colleagues had no trouble ratifying good example to be citing as a reason Pakistan where the Sharif government that treaty, which was not verifiable, for the United States to affirm the fired their chief military chief of staff or was considerably less verifiable than CTBT. when he was out of the country. He this treaty. Moreover, I remember this argument came back and decided he didn’t like If you quote President Reagan, please a couple of years ago when the chem- that. He surrounded the palace and sur- quote him in the context that he used ical weapons treaty was being brought rounded the Prime Minister’s quarters. the phrase ‘‘trust but verify.’’ And he before the body. They said this was the The word I received a few moments defined what he meant by ‘‘verify’’ by only way to get North Korea to sign up ago—I suggest others check their own his actions. to the CWC, and we certainly wanted sources—was that there is going to be a The military under President Reagan North Korea to be a signatory to that civilian government installed that is said the INF Treaty was verifiable to treaty because they might use chem- not Sharif, and that the military will the extent that they could not do any- ical weapons someday. We ratified it. do the installing. I cite that to indicate thing that would materially alter the They still haven’t signed up—2 years to you how fluid world events are. We military balance. No one argues that later. I don’t think North Korea is should be careful about what we are we cannot verify to the extent as well. going to care one way or the other doing. But it seems as though we apply one whether the United States ratifies the I also point out that today before the standard to Republican-sponsored trea- CTBT. Foreign Relations Committee, Dr. Wil- ties by Republican Presidents and a To my friend’s other point on the liam Perry, the President’s Korean pol- different standard to a treaty proposed comparison between nuclear weapons icy coordinator and former Secretary by a Democratic President. I find that, and missile defense, I think it makes of Defense, testified that failure to rat- as you might guess, fascinating. I will our point. Missile defenses can work.

VerDate Mar 15 2010 21:55 Nov 01, 2013 Jkt 081600 PO 00000 Frm 00048 Fmt 0624 Sfmt 0634 E:\1999SENATE\S12OC9.REC S12OC9 mmaher on DSKCGSP4G1 with SOCIALSECURITY October 12, 1999 CONGRESSIONAL RECORD — SENATE S12377 They are not easy to develop. We have The last point, I heard people stand smoking his 19th cigarette similar to seen several tests that failed with the up on the floor and say: This country is Golda Meir, a chain-smoker, he THAAD system. What it demonstrated already or is about to violate the NPT, pounded his hand on the table and said: to us was that testing is required to the Nuclear Non-Proliferation Treaty, You don’t understand, Joe; when the know that missile defense will work, by exploding a nuclear weapon. Guess United States sneezes, Europe catches just as the experts have all indicated what. They are allowed, under the a cold. When the United States sneezes, testing is the preferred method of NPT, to blow up things: nuclear bombs, Europe catches a cold. knowing whether our nuclear weapons nuclear weapons, nuclear explosions. When we act on gigantic big-ticket will work. They don’t call them ‘‘weapons’’; they items such as a treaty affecting the So I think it makes the point that ei- say it is a nuclear explosion, as long as whole world and nuclear weapons, ther for missile defense or for nuclear it is for peaceful means. How does one whether we intend it or not, the world weapons testing it is the best way to determine whether or not an under- reacts. This is not a very prudent time know whether it will work. That is why ground test which has plutonium im- to be voting on this treaty, I respect- we need to test both the missile de- ploded and has set off a chain reaction fully suggest. fense systems that we have in develop- was for peaceful, as opposed to non- I yield the floor. ment right now, and that is why we peaceful, means? That is a nuclear test. Mr. KYL. Mr. President, I ask my need the option of being able to test We ought to get our facts straight. colleague from New Hampshire to our nuclear weapons as well. The distinctions make a difference. It delay his remarks for a moment so I Mr. BIDEN. I wish to respond, if I is true; it is hard to verify whether or can make a point and perhaps ask Sen- may. I yield myself such time as I may not anybody violated the NPT because ator BIDEN, if he could answer a ques- consume. if they are caught, that country says it tion regarding something he has said. I think it is, first of all, dangerous to Mr. KYL. We may put off the Senator was for peaceful reasons, dealing with suggest that the Senate cannot do its from New Hampshire for a good time. peaceful uses of their nuclear capa- Mr. BIDEN. I hope not. business with respect to a treaty be- My friend from Arizona, as I said, is bility. I have heard a lot of non sequiturs cause a coup is occurring in another one of the most skillful debaters and today. My only point in raising North country. I fail to see, if the coup is oc- lawyers in here. He never says any- Korea was the idea that anybody who curring today and tomorrow, and we thing that is not true. But sometimes thinks we are going to be in a position reject the CTBT, how anyone could he says things that do not matter that if we turn this treaty down there argue our action precipitated this much to the argument. is any possibility we will stop testing coup. Or somehow by failing to approve For example, he said nuclear testing this treaty we caused unrest in Paki- is the preferred method. It sure is. Fly- anywhere in the world is kidding them- selves. stan. ing home is a preferred method to get I ask the Senator to answer that there. But I can get there just as easily I say to my colleagues, ask yourself the rhetorical question. Do you want question on his own time. First, I make and surely by taking the train. It is another point. I wasn’t trying to make preferred to fly home. I get home faster to be voting down a treaty on the day there is a coup in Pakistan. Good luck, a debater’s point but trying to be abso- when I fly home. But the train gets me lutely conservative in what I said a home. In fact, I can drive home. All folks. I am not suggesting that a vote one way or another is dispositive of moment ago. three methods can verify for my wife Mr. BIDEN. I never thought the Sen- what Pakistan would or wouldn’t do. that I have come from Washington to ator was liberal in what he said. my front door. They are all verifiable. But I will respectfully suggest we will Mr. KYL. And I appreciate that more They all get the job done. It is the pre- be answering the rest of the year, the than you know. ferred method. rest of the decade, whether or not what When I say that testing was the pre- By the way, it is the preferred meth- we did at that critical moment and ferred method, what the lab Directors od to have underground testing. It is what is going on between India and and former officials who have had re- the preferred method to have above- Pakistan and within Pakistan was af- sponsibility for this have said with ground testing. That is the preferred fected by our actions. these highly complex weapons is that method to make sure everything is I conclude by saying, in the middle of testing is the preferred method. working. the Carter administration there was a They have also said in contradiction If I took the logic of his argument to little debate about this notion of a neu- to the Senator from Delaware that its logical extension, I would say, well, tron bomb. The American Government there is no certainty with respect to you know, my friend from Arizona put pressure on Helmut Schmidt, Chan- the other method, which is the Stock- wanting underground testing is, in cellor of Germany at the time, to agree pile Stewardship Program, which is not fact, denying the scientists their total to deployment of the neutron bomb in complete and has not gone into effect capacity to understand exactly what Europe—a difficult position for him to and cannot provide certainty, in any has happened by denying atmospheric take as a member of the SPD. He made event. testing. The preferred method is at- the decision, and then President Carter Dr. John Foster, who chairs the con- mospheric testing. What difference decided not to deploy the neutron gressional committee to assess the effi- does it make if we can guarantee the bomb. I remember how upset the Chan- cacy of the Stockpile Stewardship Pro- reliability of the weapon? cellor of Germany was. The Chancellor gram, said this in his testimony last The question with regard to North of Germany was not inclined to speak week: Korea I pose this way: If we ratify the to the President of the United States. I oppose ratification of the CTBT because treaty, and my friend from Arizona is I was like that little kid in the com- without the ability to perform nuclear weap- correct that North Korea does not, so mercial with the cereal sitting on the ons tests the reliability and safety of our what. There is no treaty. It does not go table. There are two 10-year-olds and a Stockpile Stewardship Program will de- into force. They have to ratify the 6-year-old. The 10-year-old asks: Who grade. treaty for it to go into force. What is eats that? Mom and dad. Is it any There is nobody who is more re- the problem? If a country is certain it good? You try it. The other kid says: spected in this field than Dr. John Fos- will not matter, they are not going to No, you try it. They both turn to the 6- ter. ratify or abide. Then (a) they don’t rat- year-old and say: Mikey will try it. He further said the testing, which has ify, we are not in, we are not bound; (b) I was ‘‘Mikey.’’ I got sent to Ger- been performed over the years, ‘‘has if they are in and they do a nuclear ex- many to meet with Schmidt, to sit clearly shown our ability to calculate plosion underground, we are out, ac- down at the little conference table in and simulate their operation is incom- cording to the last paragraph of our the Chancellor’s office to discuss our plete. Our understanding of their basic amendment. The President has to get relationship. I will never forget some- physics is seriously deficient. Hence, I out of the treaty. Must—not may, thing Chancellor Schmidt said—and I can only answer that a ban on testing must. These are what we used to call in will not violate any security issue; it is of our nuclear weapons can only have a law school red herrings. They are effec- probably long past a need to be se- negative impact on the reliability of tive but red herrings. cure—in frustration, while he was the stockpile.’’

VerDate Mar 15 2010 21:55 Nov 01, 2013 Jkt 081600 PO 00000 Frm 00049 Fmt 0624 Sfmt 0634 E:\1999SENATE\S12OC9.REC S12OC9 mmaher on DSKCGSP4G1 with SOCIALSECURITY S12378 CONGRESSIONAL RECORD — SENATE October 12, 1999 Dr. Robert Barker, former assistant to say to them, I posit: We want you to rector will have to say: Mr. President, to the Secretary of Defense for Atomic refrain from testing and sign on to this I cannot certify anymore. Energy, who reported the certification treaty if, in fact, we have done it. If we But as a fail safe, no pun intended, of the stockpile to three Secretaries of say: We want you to refrain from test- for that possibility—that is why the Defense, said: ing and sign on to the treaty, but by amendment was just adopted—the Sustained nuclear testing is the only dem- the way, we already have 6,000 of these amendment says in the last paragraph, onstrated way of maintaining a safe and reli- little things and we are going to test if that happens and a lab Director tells able deterrent. Our confidence in the safety ourselves, it makes it very difficult to the President that has happened and it and reliability of nuclear weapons has al- make that case. cannot certify in terms of reliability, ready declined since 1992, the year we de- Lastly, I say with regard to Paki- the President must get out of the trea- prived ourselves of the nuclear testing tool. stan, it is not so much what anyone It should be of grave concern to us that this ty. degradation in confidence cannot be quan- will be able to prove; it will be what It is true; we are stringing together a tified. will be asserted. We all know in poli- lot of true statements that are not par- The point is that the reason testing tics what is asserted is sometimes ticularly relevant to the question, and is preferred is because it is the only de- more important than what is provable. the question is: Is our stockpile now re- monstrable way of assuring ourselves It should not be, but it is. It does have liable and safe? Is it a deterrent still? of the safety and reliability of our nu- ramifications domestically and inter- Do other people believe it? Is it a deter- clear stockpile. There could be, may nationally, I suggest. rent so that our allies believe it and Also, with regard to this issue of the be, in a decade or so, some additional they do not go nuclear, such as Japan preferred versus the only method by confidence or assurance through a suc- and Germany? And is it a deterrent so which we can guarantee the reliability cessful Stockpile Stewardship Program that our potential enemies, such as of our stockpile, nobody, including the but we won’t know that until the time. China and Russia and others, believe it present lab Directors, suggests that so they will not try to do anything Until then, that is why testing is the our present stockpile is, in fact, unreli- preferred method. It is the only way to that will jeopardize our security? That able or not safe. is the second question. assure the safety and reliability of our We have not tested since 1992. The stockpile. The third question is: Are we able to issue is, and my colleague knows this, verify this? To respond to that and to respond to the intersection—and it is clear if we the first question I asked, I am happy My answer to all three of those ques- do not test, if we do nothing to the tions is, yes, yes, yes. And the answer to yield to the Senator. stockpile, it will over time degrade, Mr. BIDEN. I will try to respond of the overwhelming body of opinion is just like my friend and I as we ap- yes, yes, yes. But just in case it is no, briefly. proach our older years, as a matter of No. 1, to suggest our actions would the President has to get out. He has to medical fact, our memories fade. It is a affect the international community get out. We just adopted a condition, so medical fact. he has to get out. should not be taken in the context and To suggest that because our memo- By the way, I listened to people being consideration of what is happening in ries fade we should not listen to some- quoted, like Edward Teller. God love the international community is naive one on the floor who is 8 years older him. I had the great honor of debating in the extreme. It is not suggesting than someone else would be viewed by him around the country on four setup anyone should dictate what we should everyone as mildly preposterous be- debates. It was intimidating because he or should not do. It is suggesting that cause when that older person was would stand there with those bushy it makes sense to take into consider- younger, their memory may have been ation what is happening around the so far superior to the person who is eyelashes and say: My young friend world and what appropriate or inappro- younger now that they still have a bet- from Delaware does not know—here is priate conclusion from our action will ter memory. It does not make a point. the guy who invented the hydrogen be drawn by other countries. We have It is a distinction without a difference. bomb. What am I going to say? Yeah, always done that in our undertakings It is the same way with regard to our right? around the world. It is just responsible stockpile degrading. At what point I would listen to him, and he would stewardship of our national security. does the degradation occur that it is no even get me thinking he was right for The suggestion was not that because longer reliable? I asked that of Sec- a while. Then I would listen to what he there is a coup, failure to ratify this retary Schlesinger. He said he thinks said. Last night, I watched a documen- treaty, turning it down or ratifying it we are down from 99 percent to about tary that is 7 or 8—actually, it is older would have affected that coup. That is 85 percent now, and he thinks there is than that; it was President Reagan’s not the issue. The issue is there is a no worry at that 85-percent level. But last year—on the Star Wars notion. Dr. struggle today within Pakistan, evi- what he worries about, and then he Teller was sitting there, a very distin- denced by the coup, as there was with- held up a little graph and the graph guished man, saying things like—and I in India, as evidenced by their recent showed based on years and amount of will get the exact quote for the RECORD elections, about what they should do reliability this curve going down like tomorrow—but he said things like: We with their nuclear capacity, whether this, at the same time there was a dot- must act now because the Russians are they should test further, enhance it, ted line showing the Stockpile Stew- on the verge of having a missile defense and deploy it, or whether or not they ardship Program and how that mir- capability. should refrain from testing and sign rored that ability to intersect with On the verge; they were on the verge the treaty. where we would intersect our con- of collapsing. He is never right about The only point I am making is that fidence that our Stockpile Stewardship his predictions, so far. But he did in- our actions will impact upon that de- Program would be able to assure that vent the hydrogen bomb. That is a big bate within those countries. The de- the stockpile was reliable. deal. I cannot argue with that. As my bate happens to be taking place in the It comes around where the shelf life mother would say, just because you context of a military coup right now in of these weapons occur about 10 years can do one thing well does not mean Pakistan. It took place in the context out. Everyone has said that between you can do everything well. If I need to of an election where the BJP won and now and then, the overwhelming body blow somebody up, I want him with made significant gains in India just of opinion is, from the Jason Group to me. If I need somebody to predict to me last week, but it does impact upon other leading scientists, including what is going to happen in terms of our that. these 32 Nobel laureates in physics, the interest, of our adversaries, or us, he We lose any leverage we have to im- Stockpile Stewardship Program is ‘‘ain’t’’ the guy I am going to because pose upon Pakistan, which still wants working now and will if we make the he has not been right. to deal with us, still relies upon us or commitment to intersect at a point Here we are, we are going to do this interfaces with us in a number of areas where the shelf life begins to change weight of authority—we all learned, in terms of food, trade, and aid all the where it continues to guarantee. and, again, I am not kidding when I say way through to military relationships. We are never going to be in that line this. Senator KYL is not only a first- It does make a difference if we are able where it is so degraded that any lab Di- rate lawyer, he has a first-rate mind.

VerDate Mar 15 2010 21:55 Nov 01, 2013 Jkt 081600 PO 00000 Frm 00050 Fmt 0624 Sfmt 0634 E:\1999SENATE\S12OC9.REC S12OC9 mmaher on DSKCGSP4G1 with SOCIALSECURITY October 12, 1999 CONGRESSIONAL RECORD — SENATE S12379 We both went to undergraduate school that. This is not going to stop that. I appreciate the Senator from Dela- and took courses in logic. We learned This isn’t going to guarantee that be- ware making a slight concession, and about the 13 logical falacies. We engage cause you do not, everyone has to test asking for one in return. His conces- in them all the time. One is the appeal that. They can do that without testing. sion, of course, is that it is better to of authority. I will take my authority We dropped it without testing it. The test. I think we would all agree it is and trump your authority. I have 32 second one we did not test. So they can better to test. The question is whether Nobel laureates. Are you going to raise test; they cannot test. or not there is an adequate substitute me with six Secretaries of Defense? I But, folks, this is high-stakes poker. if we do not test. And upon that the have four of the last five Chairmen of All I am saying to you is, you take the jury is still out. the Joint Chiefs of Staff, with what are worst case scenario my friends lay out, He also asked the question: Isn’t it you going to raise me? This is crazy. that we have the stockpile, but we can- also better not to test if we can per- What is true is that it is better to not guarantee it, and we cannot detect suade others not to do so by our own test if you want to know for certain testing, and we have an escape clause— willingness to forego testing? I think whether weapons are reliable. I hope if you get out of it because the treaty is that question has actually been an- I acknowledge that, he will acknowl- not working. That is their worst case swered because for 8 years we have had edge it is better not to test on one scenario. The escape clause is we have a moratorium seeking to persuade oth- area: If you want to discourage others to get out because it says we must get ers not to test. During that time, we from testing. Just discourage. He does out. know of at least five countries that not have to agree that it would do ev- Let me tell you my worst case sce- have tested: France, China, Russia, erything, just discourage. It is better nario. My worst case scenario is we, in Pakistan, and India. So it is clear that not to test. fact, do not sign this treaty, and the our foregoing testing has not created If you tell your kid he cannot smoke Chinese decide all moral restraints are the norm against testing that pro- and you are standing there smoking off—even though they are not particu- ponents of the treaty would like to see. and saying: By the way, you can’t larly a moral country—we can now, It is also not better to forego testing smoke, it kind of undermines your with impunity, go and test and not be in an effort to get others to do so as credibility. buffeted by world opinion in terms of well if, in fact, our own stockpile would On the other hand, if you do not affecting our trade or our commerce be unduly jeopardized as a result. On smoke—like I don’t—and say to your and the rest. We can go from 16, 18, 20— that, there has been a variety of expert kid, you can’t smoke, they may smoke however many intercontinental bal- opinion testifying this past week sug- anyway; but one thing is for certain: If listic missiles they have—we can now gesting that the reason it is better to you are smoking—as my friend who is test to build lighter, smaller ones with test is precisely because we cannot presiding would say in a different con- that information we stole from the lab- confirm the safety and reliability of text—you might lose your moral au- oratories. We can now MIRV our mis- our stockpile to an adequate degree of thority to make the case. siles. certainty without that. I think we lose our moral authority The Pakistanis and the Indians agree To the question of whether or not it to make the case internationally when that: Look, what we have to do is now is a fallacy of logic to quote experts, I we say: By the way, we are unquestion- deploy nuclear weapons because the re- would simply suggest that while it may ably the most powerful nuclear nation straints are off. not be the most persuasive argument I do not know what we do with that in the history of the world, and in rel- in the world to quote experts in sup- worst case scenario. There is nothing ative terms we are far in excess of any- port of your position, it is at least the President can say, such as: By the one else, including the former Sovi- some weight of evidence. Both sides way, stop. Out. I want to pull out. You ets—now the Russians—that the Chi- have engaged in that. It is true that on all can’t do that. China, you can’t do nese are not, as they say where I come many of these issues there are opinions that. There is no way out of that one. from, a ‘‘patch on our trousers,’’ that This is not like us making the mis- on both sides of the issue. the Libyans and others may be able to take on a tax bill. This is not like us Dr. Edward Teller certainly is an ex- get themselves a Hiroshima bomb, but making a mistake on a piece of welfare pert in nuclear weapons design and on they are going to have to carry it in a or social legislation. We can correct many other matters that relate to it. suitcase—it ‘‘ain’t’’ close. that in a day. I have been here when we But let’s assume he does not know But I tell you what: Because we passed reforms on health care that what he is talking about here and go to worry about our reliability—even within 6 months we repealed because people whose job it was to verify a though we are going to spend $45 bil- we thought it was a mistake. compliance with arms control treaties. lion, even though we have the best sci- You cannot legislate on this floor of I ask unanimous consent to have entists in the world, the best scientists the Senate a course of action that the printed in the RECORD a letter dated that we can attract from other parts of world is engaged in, a road that has October 1, 1999, from Fred Eimer, the world—we know we can put up a been been taken down away from non- Former Assistant Director of ACDA, shield around America that can stop 10, proliferation to proliferation by a piece the Arms Control Agency Verification 20, 100, 1,000 hydrogen bombs from drop- of legislation. I cannot guarantee the and Implementation Office, to Senator ping on the United States—but we be- Presiding Officer that if this passes HELMS. lieve that we have to test our nuclear there will not be more proliferation of There being no objection, the letter weapons now or be able to test them in nuclear weapons. was ordered to be printed in the the near term in order to be able to as- But I am prepared to bet you any- RECORD, as follows: sure that we are safe and secure and thing, if we reject this treaty, there OCTOBER 1, 1999. that you believe we are credible. will be significantly more proliferation Senator JESSE HELMS, I will end where I began this debate a of nuclear capability than there was Chairman, Committee on Foreign Relations, U.S. Senate. long time ago. When the Senator from before because there would be no re- New Hampshire and I were college kids, DEAR MR. CHAIRMAN: I write to express my straint whatsoever on the one thing opposition to the Comprehensive Test Ban you used to ride along—he was heading every nation has to do to become a nu- Treaty (CTBT) Numerous experts have noted off to Vietnam—and there used to be a clear power that is not already a sig- that this treaty raises serious questions re- bumper sticker which said: One hydro- nificant nuclear power—and that is to garding the ability of the United States to gen bomb can ruin your day. It just test. maintain our nuclear deterrent. I am par- takes one. One hydrogen bomb can ruin I yield the floor. ticularly concerned, however, that the your day. Mr. KYL addressed the Chair. United States will be disproportionately We are not talking about one hydro- The PRESIDING OFFICER (Ms. COL- harmed by the test ban. Other nations will be able to conduct militarily significant nu- gen bomb. No one is doubting that 1,000 LINS). The Senator from Arizona. clear test well below the verification thresh- people and 15 nations in the world can Mr. KYL. Madam President, let me old of the Treaty’s monitoring system, and develop not a hydrogen bomb but a nu- make a couple comments and then I our own unilateral capability. clear bomb like the one dropped on Hir- will yield to the Senator from New I have listened with concern to the various oshima and Nagasaki. No doubt about Hampshire. claims being made regarding the CTBT’s

VerDate Mar 15 2010 21:55 Nov 01, 2013 Jkt 081600 PO 00000 Frm 00051 Fmt 0624 Sfmt 0634 E:\1999SENATE\S12OC9.REC S12OC9 mmaher on DSKCGSP4G1 with SOCIALSECURITY S12380 CONGRESSIONAL RECORD — SENATE October 12, 1999 International Monitoring System (IMS). It is small tests the location of the source of the detail, ask questions of our military and the important to note that the IMS will have se- seismic signals would be so uncertain, that administration, consider the possible impli- rious limitations. While many in the U.S. OSI would need to cover an impractical large cations, and debate at length in committee recognize the IMS’ technical limitations, it area. Furthermore, it is highly dubious that and on the floor. Under the current agree- is being oversold internationally as a com- the United States would get diplomatic ap- ment, a process that normally would take prehensive, effective monitoring regime. proval for an on-site inspection since the many months has been reduced to a few Supporters of the CTBT have sought to di- treaty has a ‘‘red-light’’ requirement that 30 days. Many Senators know little about this vert attention from the IMS’ limitations by of 51 members must endorse such a step. The treaty. Even for those of us on national secu- emphasizing that the United States will have CTBT’s negotiating record makes clear that rity committees, this has been an issue float- its own national technical means (NTM) of an OSI request would be viewed as a hostile ing on the periphery of our concerns. verification and would have the right under action. Presidential leadership has been almost the Treaty to request an on-site inspection. Furthermore, the OSI regime associated entirely absent on the issue. Despite having The United States cannot take comfort in with the Treaty has a number of as yet un- several years to make a case for ratification, these claims. settled procedural and implementation the administration has declined to initiate The U.S. has stated that an effective issues. It is possible that some of these can the type of advocacy campaign that should verification system ‘‘should be capable of be fixed. However, OSI has very little to offer accompany any treaty of this magnitude. identifying and attributing with high con- for confirming that a nuclear test has been Nevertheless, the Senate has adopted an fidence evasively conducted nuclear explo- conducted, even if these issues are resolved. agreement on procedure. So long as that sions of about a few kilotons yield in broad In conclusion, Mr. Chairman, the proposed agreement remains in force, Senators must areas of the globe’’. That degree of treaty will put our nuclear deterrent at risk move forward as best they can to express verifiability is a goal that is not achieved without significant arms control or non- their views and reach informed conclusions now, and it is far from certain that it will be proliferation benefit. Other nations will be about the treaty. met in the foreseeable future. It is very un- able to conduct militarily significant nu- In anticipation of the general debate, I will likely that the verification system will pro- clear test well below the verification thresh- state my reasons for opposing ratification of vide evidence sufficient for U.S. or collective old of the Treaty’s monitoring system, and the CTBT. action should tests of a few kilotons yield our own unilateral capability. The goal of the CTBT is to ban all nuclear take place. Best regards. explosions worldwide: I do not believe it can The capability of the U.S. and of the Inter- FRED EIMER, succeed. I have little confidence that the national Monitoring System (IMS) to detect Former Assistant Director, ACDA, verification and enforcement provisions will seismic signals of possible nuclear test ori- Verification and Implementation. dissuade other nations from nuclear testing. gin can be quantified. Charts can show what Mr. KYL. In this letter he said: Furthermore, I am concerned about our that capability is for the U.S. network, the country’s ability to maintain the integrity current IMS and a possible future IMS for all Other nations will be able to conduct mili- and safety of our own nuclear arsenal under areas of the world. Thousands of seismic tarily significant nuclear tests well below the conditions of the treaty. events will be detected yearly by these sys- the verification threshold of the Treaty’s I am a strong advocate of effective and tems. The verification task will be to deter- monitoring system, and our own unilateral verifiable arms control agreements. As a mine which, if any, of these signals can be capability. former Vice-Chairman of the Senate Arms identified as being from nuclear tests. In other words, the treaty is not Control Observer Group and a member of the The large underground tests conducted in verifiable. Foreign Relations Committee, I have had the past decades were easily verified as being of Testifying last week, one of the ex- privilege of managing Senate consideration of many arms control treaties and agree- nuclear origin. However, identification of perts acknowledged by Senator BIDEN, ments. possible future tests in the kiloton yield Dr. Paul Robinson, who is the Director range in violation of a CTBT will be a I fought for Senate consent to ratification daunting task in most, if not all instances. of the Sandia National Laboratories, of the INF Treaty, which banned inter- The relationship between detection and said: mediate range nuclear weapons in Europe; identification depends on a number of fac- The treaty bans any ‘‘nuclear explosion,’’ the Conventional Forces in Europe Treaty, tors that will not be known. If charts are but unfortunately, compliance with the which created limits on the number of tanks, produced that purport to show the identifica- strict zero-yield requirement is unverifiable. helicopters, and armored personnel carriers tion capability for areas of interest through- Finally, the third and most promi- in Europe; the START I Treaty, which lim- out the world, those charts would be a result nent of all experts that I would like to ited the United States and the Soviet Union to 6,500 nuclear weapons; the START II Trea- of subjective judgements that are likely to suggest we pay some attention to with of limited and uncertain dependability. ty, which limited the U.S. and the former You may recall that over the decades of respect to verification is our own col- Soviet Union to 3,500 nuclear weapons; and the TTBT that there was much controversy league, Senator RICHARD LUGAR from the Chemical Weapons Convention, which about the yields of tests that were deduced Indiana. I ask unanimous consent that outlawed poison gas. from seismic signal magnitudes. This was his press release, dated October 7, 1999, These treaties, while not ensuring U.S. se- true even though the Soviet test sites were be printed in the RECORD. curity, have made us safer. They have great- studied more than almost any other part of There being no objection, the mate- ly reduced the amount of weaponry threat- the world and the signals in question came rial was ordered to be printed in the ening the United States, provided extensive from relatively large tests. verification measures, and served as a power- It is certain that whatever the minimum RECORD, as follows: ful statement of the intent of the United detectable yield capability is of a seismic LUGAR OPPOSES COMPREHENSIVE TEST BAN States to curtail the spread of weapons of network, the verification capability, that is, TREATY mass destruction. the ability for identification is substantially Senator Dick Lugar, a senior member of I understand the impulse of the proponents worse, by as much as a factor of ten or more the Senate Intelligence Committee, Foreign of the CTBT to express U.S. leadership in an- in some instances. Relations Committee and National Security other area of arms control. Inevitably, arms Furthermore, possible Treaty violators can Working Group, released the following state- control treaties are accompanied by ideal- take steps to make detection and identifica- ment today announcing his position on the istic principles that envision a future in tion more difficult. For example, the tech- Comprehensive Test Ban Treaty: which international norms prevail over the nique of ‘‘decoupling’’, that is, testing in a The Senate is poised to begin consideration threat of conflict between nations. However, sufficiently large cavity, can reduce the seis- of the Comprehensive Test Ban Treaty under while affirming our desire for international mic magnitude of a test. Every country of a unanimous consent agreement that will peace and stability, the U.S. Senate is concern to the United States is technically provide for 14 hours of general debate, debate charged with the constitutional responsi- capable of decoupling at least its small nu- on two amendments, and a final vote on rati- bility of making hard judgments about the clear explosions. fication. likely outcomes of treaties. This requires While in the past primary reliance for ob- I regret that the Senate is taking up the that we examine the treaties in close detail taining verification related intelligence was treaty in an abrupt and truncated manner and calculate the consequences of ratifica- placed on systems that collected photo- that is so highly politicized. Admittedly, the tion for the present and the future. Viewed graphic, seismic and other data, the CTBT’s CTBT is not a new subject for the Senate. in this context, I cannot support the treaty’s verification system includes on-site inspec- Those of us who over the years have sat on ratification. tion (OSI). I believe that the value of OSI is the Foreign Relations, Armed Services, or I do not believe that the CTBT is of the very limited for the CTBT. Intelligence Committees are familiar with it. same caliber as the arms control treaties The CTBT’s on-site inspection regime is The Senate has held hearings and briefings that have come before the Senate in recent unlikely to provide evidence of noncompli- on the treaty in the past. decades. Its usefulness to the goal of non- ance. However, it may permit a country But for a treaty of this complexity and im- proliferation is highly questionable. Its like- falsely accused of a CTBT violation to help portance a more sustained and focused effort ly ineffectuality will risk undermining sup- clear its name. Tests large enough to be un- is important. Senators must have a suffi- port and confidence in the concept of multi- ambiguously identified do not need OSI. For cient opportunity to examine the treaty in lateral arms control. Even as a symbolic

VerDate Mar 15 2010 21:55 Nov 01, 2013 Jkt 081600 PO 00000 Frm 00052 Fmt 0624 Sfmt 0634 E:\1999SENATE\S12OC9.REC S12OC9 mmaher on DSKCGSP4G1 with SOCIALSECURITY October 12, 1999 CONGRESSIONAL RECORD — SENATE S12381 statement of our desire for a safer world, it At present, I am not convinced the Stock- controversy over the inspections of Iraqi is problematic because it would exacerbate pile Stewardship Program will permit our presidential palaces. The UNSCOM experi- risks and uncertainties related to the safety experts to maintain a credible deterrent in ence is one that is best not repeated under a of our nuclear stockpile. the absence of testing. Without a complete, CTBT. STOCKPILE STEWARDSHIP effective, and proven Stockpile Stewardship ENFORCEMENT The United States must maintain a reli- Program, the CTBT could erode our ability Let me turn to some enforcement con- able nuclear deterrent for the foreseeable fu- to discover and fix problems with the nuclear cerns. Even if the United States were suc- ture. Although the Cold War is over, signifi- stockpile and to make safety improvements. cessful in utilizing the laborious verification In fact, the most important debate on this cant threats to our country still exist. At regime and non-compliance was detected, issue may be an honest discussion of whether present our nuclear capability provides a de- the Treaty is almost powerless to respond. we should commence limited testing and terrent that is crucial to the safety of the This treaty simply has no teeth. Arms con- continue such a program with consistency American people and is relied upon as a safe- trol advocates need to reflect on the possible and certainty. ty umbrella by most countries around the damage to the concept of arms control if we world. One of the most critical issues under VERIFICATION embrace a treaty that comes to be perceived the CTBT would be that of ensuring the safe- President Reagan’s words ‘‘trust but as ineffectual. Arms control based only on a ty and reliability of our nuclear weapons verify’’ remain an important measuring symbolic purpose can breed cynicism in the stockpile without testing. The safe mainte- stick of whether a treaty serves the national process and undercut support for more sub- nance and storage of these weapons is a cru- security interests of the United States. The stantive and proven arms control measures. cial concern. We cannot allow them to fall U.S. must be confident of its ability to de- The CTBT’s answer to illegal nuclear test- into disrepair or permit their safety to be tect cheating among member states. While ing is the possible implementation of sanc- called into question. the exact thresholds are classified, it is com- tions. It is clear that this will not prove par- The Administration has proposed an ambi- monly understood that the United States ticularly compelling in the decision-making tious program that would verify the safety cannot detect nuclear explosions below a few processes of foreign states intent on building and reliability of our weapons through com- kilotons of yield. The Treaty’s verification nuclear weapons. For those countries seek- puter modeling and simulations. Unfortu- regime, which includes an international ing nuclear weapons, the perceived benefits nately, the jury is still out on the Stockpile monitoring system and on-site inspections, in international stature and deterrence gen- Stewardship Program. The last nine years was designed to fill the gaps in our national erally far outweigh the concern about sanc- have seen improvements, but the bottom line technical means. Unfortunately, the CTBT’s tions that could be brought to bear by the is that the Senate is being asked to trust the verification regime will not be up to that international community. security of our country to a program that is task even if it is ever fully deployed. Further, recent experience has dem- unproven and unlikely to be fully oper- Advances in mining technologies have en- onstrated that enforcing effective multilat- ational until perhaps 2010. I believe a Na- abled nations to smother nuclear tests, al- eral sanctions against a country is extraor- tional Journal article, by James Kitfield, lowing them to conduct tests with little dinarily difficult. Currently, the United summed it up best by quoting a nuclear sci- chance of being detected. Similarly, coun- States is struggling to maintain multilateral entist who likens the challenge of maintain- tries can utilize existing geologic formations sanctions on Iraq, a country that openly ing the viability of our stockpile without to decouple their nuclear tests, thereby dra- seeks weapons of mass destruction and bla- testing to ‘‘walking an obstacle course in the matically reducing the seismic signal pro- tantly invaded and looted a neighboring na- dark when your last glimpse of light was a duced and rendering the test undetectable. A tion, among other transgressions. If it is dif- flash of lightning back in 1992.’’ recent Washington Post article points out ficult to maintain the international will be- The most likely problems facing our stock- that part of the problem of detecting sus- hind sanctions on an outlaw nation, how pile are a result components degrade in un- pected Russian tests at Novaya Zemlya is would we enforce sanctions against more re- predictable ways, in some cases causing that the incidents take place in a large gran- sponsible nations of greater commercial im- weapons to fail. This is compounded by the ite cave that has proven effective in muffling portance like India and Pakistan? fact that the U.S. currently has the oldest tests. In particularly grave cases, the CTBT Ex- inventory in the history of our nuclear weap- The verification regime is further bedev- ecutive Council can bring the issue to the at- ons programs. iled by the lack of a common definition of a tention of the United Nations. Unfortu- Over the last forty years, a large percent- nuclear test. Russia believes hydro-nuclear nately, this too would most likely prove in- age of the weapon designs in our stockpile activities and sub-critical experiments are effective, given that permanent members of have required post-deployment tests to re- permitted under the treaty. The U.S. be- the Security Council could veto any efforts solve problems. Without these tests, not only lieves sub-critical experiments are permitted to punish CTBT violators. Chances of a bet- would the problems have remained unde- but hydro-nuclear tests are not. Other states ter result in the General Assembly are re- tected, but they also would have gone believe both are illegal. A common under- mote at best. unrepaired. The Congressional Research standing or definition of what is and what is I believe the enforcement mechanisms of Service reported last year that: ‘‘A problem not permitted under the treaty has not been the CTBT provide little reason for countries with one warhead type can affect hundreds of established. to forego nuclear testing. Some of my friends thousands of individually deployed warheads; Proponents point out that if the U.S. needs respond to this charge by pointing out that with only 9 types of warheads expected to be additional evidence to detect violations, on- even if the enforcement provisions of the in the stockpile in 2000, compared to 30 in site inspections can be requested. Unfortu- treaty are ineffective, the treaty will impose 1985, a single problem could affect a large nately, the CTBT will utilize a red-light in- new international norms for behavior. In fraction of the U.S. nuclear force.’’ If we are spection process. Requests for on-site inspec- this case, we have observed that ‘‘norms’’ to put our faith in a program other than tions must be approved by at least 30 affirm- have not been persuasive for North Korea, testing to ensure the safety and reliability of ative votes of members of the Treaty’s 51- Iraq, Iran, India and Pakistan, the very our nuclear deterrent and thus our security, member Executive Council. In other words, countries whose actions we seek to influence we must have complete faith in its efficacy. if the United States accused another country through a CTBT. The Stockpile Stewardship Program falls of carrying out a nuclear test, we could only If a country breaks the international norm well short of that standard. get an inspection if 29 other nations con- embodied in the CTBT, that country has al- The United States has chosen to re-manu- curred with our request. In addition, each ready broken the norm associated with the facture our aging stockpile rather than cre- country can declare a 50 square kilometer Non-Proliferation Treaty (NPT). Countries ating and building new weapon designs. This area of its territory as off limits to any in- other than the recognized nuclear powers could be a potential problem because many spections that are approved. who attempt to test a weapon must first of the components and procedures used in The CTBT stands in stark contrast to the manufacture or obtain a weapon, which original weapon designs no longer exist. New Chemical Weapons Convention in the area of would constitute a violation of the NPT. I production procedures need to be developed verifiability. Whereas the CTBT requires an fail to see how an additional norm will deter and substituted for the originals, but we affirmative vote of the Executive Council for a motivated nation from developing nuclear must ensure that the re-manufactured weap- an inspection to be approved, the CWC re- weapons after violating the longstanding ons will work as designed. quires an affirmative vote to stop an inspec- norm of the NPT. I am concerned further by the fact that tion from proceeding. Furthermore, the CWC CONCLUSION some of the weapons in our arsenal are not did not exclude large tracts of land from the On Tuesday the Senate is scheduled to vote as safe as we could make them. Of the nine inspection regime, as does the CTBT. on the ratification of the CTBT. If this vote weapon designs currently in our arsenal, The CTBT’s verification regime seems to takes place, I believe the treaty should be only one employs all of the most modern be the embodiment of everything the United defeated. The Administration has failed to safety and security measures. Our nuclear States has been fighting against in the make a case on why this treaty is in our na- weapons laboratories are unable to provide UNSCOM inspection process in Iraq. We have tional security interests. the American people with these protections rejected Iraq’s position of choosing and ap- The Senate is being asked to rely on an un- because of the inability of the Stockpile proving the national origin of inspectors. In finished and unproven Stockpile Stewardship Stewardship Program to completely mimic addition, the 50 square kilometer inspection- Program. This program might meet our testing. free zones could become analogous to the needs in the future, but as yet, it is not close

VerDate Mar 15 2010 21:55 Nov 01, 2013 Jkt 081600 PO 00000 Frm 00053 Fmt 0624 Sfmt 0634 E:\1999SENATE\S12OC9.REC S12OC9 mmaher on DSKCGSP4G1 with SOCIALSECURITY S12382 CONGRESSIONAL RECORD — SENATE October 12, 1999 to doing so. The treaty is flawed with an in- Mr. BIDEN. As well, I ask unanimous cles on the subject of the test ban trea- effective verification regime and a prac- consent to print in the RECORD quotes ty. tically nonexistent enforcement process. from the October 7 testimony of Dr. There being no objection, the mate- For these reasons, I will vote against rati- Robinson, Dr. Tarter, Dr. Tarter again, rial was ordered to be printed in the fication of the CTBT. Dr. Browne, Dr. Robinson, Mr. Levin, RECORD, as follows: Mr. KYL. Let me quote three or four Dr. Robinson, Dr. Robinson, Dr. Tarter, [From the Center for Security Policy, Oct. lines from it. Dr. Tarter and Dr. Browne; it is an ex- 11, 1999] He said: change. DECISION BRIEF NO. 99–D 107 If we are to put our faith in a program There being no objection, the mate- C.T.B.T. TRUTH OR CONSEQUENCES #1: A SAFE, other than testing to ensure the safety and rial was ordered to be printed in the RELIABLE NUCLEAR DETERRENT DEMANDS reliability of our nuclear deterrent and thus PERIODIC, REALISTIC UNDERGROUND TESTING RECORD, as follows: our security, we must have complete faith in (Washington, D.C.): In various series set- LAB DIRECTORS’ WRITTEN TESTIMONY—KEY its efficacy. The Stockpile Stewardship Pro- tings over the past few days, President Clin- QUOTES ON STOCKPILE STEWARDSHIP, OCTO- gram falls well short of that standard. . . . ton has made a number of pronouncements At present, I am not convinced the Stock- BER 7, 1999, ARMED SERVICES COMMITTEE about the Comprehensive Test Ban Treaty in pile Stewardship Program will permit our HEARING the hope of selling it to an unreceptive U.S. experts to maintain a credible deterrent in Dr. Robinson, Page 5: Senate. Many of his statements are mis- the absence of testing. I believed then, as I do now, that it may be leading, some simply inaccurate; not a few He goes on the say: possible to develop the Science-Based Stock- fall into both categories. pile Stewardship approach as a substitute for Fortunately, the hearings held in the Sen- Unfortunately, the CTBT’s verification re- nuclear testing for keeping previously tested ate Armed Services and Foreign Relations gime will not be up to that task even if it is nuclear weapons designs safe and reliable. Committees last week provided needed ever fully deployed. Dr. Tarter, Page 1: rebuttals from respected former Cabinet and He concludes his statement with this The bottom line remains the same as it has sub-Cabinet officers and other authorities. paragraph: been in my previous testimonies before this As a contribution to the Senate’s delibera- Committee. Namely, that a strongly sup- tions, the Center offers highlights of these The Senate is being asked to rely on an un- ported, sustained Stockpile Stewardship expert witnesses’ testimony and other rel- finished and unproven Stockpile Stewardship Program has an excellent chance of ensuring evant information to help correct the record. Program. This program might meet our that this nation can maintain the safety, se- President Clinton: ‘‘Our experts have con- needs in the future, but as yet, it is not close curity, and reliability of the stockpile with- cluded that we don’t need more tests to keep to doing so. The treaty is flawed with an in- out nuclear testing. our own nuclear forces strong.’’ effective verification regime and a prac- Dr. Tarter, Page 4: The Truth: The ‘‘experts’’ President Clin- tically nonexistent enforcement process. In December 1998, we completed the third ton cites may feel as he claims they do, but For these reasons, I will vote against rati- annual certification of the stockpile for the if so, they are ignoring historical experience fication of the CTBT. President and were able to conclude that nu- and indulging in wishful thinking of the So spoke Senator RICHARD LUGAR. I clear tests were not required at this time to most dangerous kind. The more responsible do not suggest that any of us here in assure the safety and reliability of the na- among them make clear that their ‘‘con- the Senate are as expert as other peo- tion’s nuclear weapons. fidence’’ in being able to keep the U.S. nu- clear forces not only ‘‘strong’’ but safe and ple I have quoted, but certainly Sen- Dr. Brown, Page 1: I am confident that a fully supported and reliable is highly conditional—dependent ator LUGAR has a reputation for being sustained program will enable us to continue upon an as-yet incomplete, unproven Stock- a very serious and well-informed stu- to maintain America’s nuclear deterrent pile Stewardship Program being fully funded dent of arms control issues, a pro- without nuclear testing. for at least a decade (at a total cost of $45 ponent of arms control treaties. When Senator LEVIN.... what you are telling billion or more) and no problems that would he says, as he did with respect to this us is that if this safeguard and the other require testing to correct developing in the treaty, that it is simply not of the safeguards are part of this process that you meantime. For example, Dr. John Browne, the current Director of the Los Alamos Na- same caliber as other arms control can rely on . . ., Dr. Robinson, you are on board in terms of this treaty; is that correct? tional Laboratory told the Armed Services treaties for the variety of reasons he Committee last week: Dr. ROBINSON. I am on board that science- expresses in his release, I think all of ‘‘The issue that we face is whether we will based stockpile stewardship has a much have the people, the capabilities and the na- us should pay serious attention to that. higher chance of success and I will accept it tional commitment to maintain this con- Madam President, it is now my pleas- as the substitute. fidence in the stockpile in the future, when ure, at long last, to turn to the Senator Senator LEVIN. For what? we expect to see more significant changes. from New Hampshire, who has been Dr. ROBINSON. I still had other reservations Although we are adding new tools each year, about the treaty— very patient in waiting for Senator the essential tool kits for stockpile steward- Senator LEVIN. As a substitute for what? BIDEN and me to conclude. ship will not be complete until sometime in Dr. ROBINSON. As a substitute for requiring Mr. BIDEN. Madam President, I the next decade.’’ yield tests for certification. won’t take the time. Last week’s testimony, moreover, made Senator LEVIN. Dr. Tarter? clear the views of other ‘‘experts’’ who be- The PRESIDING OFFICER. The Sen- Senator TARTER. A simple statement ator from Arizona has the floor. lieve that the American deterrent cannot be again: It is an excellent bet, but it is not a kept safe and relialbe—let alone strong— Mr. KYL. I yield to Senator BIDEN sure thing. without periodic, realistic underground nu- and then have a unanimous consent re- Senator LEVIN. My question is are you on clear tests. These include the following: quest. board, given these safeguards? Dr. James Schlesinger, former Secretary of Mr. BIDEN. Madam President, I want Senator TARTER. I can only testify to the Energy under President Carter (as well as ability of stockpile stewardship to do the to print in the RECORD, without taking former Secretary of Defense, Director of the job. It is your job about the treaty. CIA and Chairman of the Atomic Energy the time from the Senator from New Senator LEVIN. Are you able to say that, Hampshire, some other quotes from Dr. Commission): ‘‘In the absence of testing, providing you can rely on safeguard F and at confidence in the reliability of the stockpile Robinson from his testimony on Octo- some point decide that you cannot certify it, will inevitably, ineluctably decline. In the ber 7, 1999. I ask unanimous consent that you are willing under that condition to seen years since our last test, confidence has they be printed in the RECORD. rely on this stewardship program as a sub- declined. It is declining today and will con- There being no objection, the mate- stitute for actual testing? tinue to decline. . . . rial was ordered to be printed in the Senator TARTER. Yes. ‘‘Why is such a decline in confidence un- Senator LEVIN. Dr. Browne? RECORD, as follows: avoidable? Our nuclear weapons are highly Senator BROWNE. Senator Levin, if the gov- sophisticated devices composed of thousands WRITTEN TESTIMONY OF DR. PAUL ROBINSON ernment provides us with the sustained re- of components that must operate with split- TO THE ARMED SERVICES COMMITTEE, OCT. 7, sources, the answer is yes, and if safeguard F second timing and with scant margin for 1999 is there, yes. error. Weapons are also radioactive, and thus Nuclear effects tests carried out in under- Mr. BIDEN. I thank the Chair, my subject to radioactive decay and chemical ground test chambers were always a com- colleagues, and my friend from New decomposition. Other components will age promise to the actual conditions that war- Hampshire. and will fail. All of the components must ul- heads would experience in military use. timately be replaced due to changes in mate- Thus, this is not the first time that we have Mr. KYL. Madam President, I ask rial, changes in regulations, the disappear- been challenged to do the best job simulating unanimous consent to print in the ance of manufacturers, the changing of proc- phenomena which cannot be achieved experi- RECORD, at a cost of $3,228.00, a series esses. That replacement can never be per- mentally. of decision briefs and newspaper arti- fect.’’

VerDate Mar 15 2010 21:55 Nov 01, 2013 Jkt 081600 PO 00000 Frm 00054 Fmt 0624 Sfmt 0634 E:\1999SENATE\S12OC9.REC S12OC9 mmaher on DSKCGSP4G1 with SOCIALSECURITY October 12, 1999 CONGRESSIONAL RECORD — SENATE S12383 Former Secretary of Defense Caspar Wein- ability if fixes and validations are precluded maintain forever an incredibly complex de- berger: ‘‘If we need nuclear weapons, we have by the CTBT.’’ vice no larger than this podium, filled with to know that they will work. That is the es- ‘‘The SSP will probably succeed in finding exotic radioactive materials, that must cre- sence of their deterrence. If there is uncer- undetected stockpile defects and in nar- ate, albeit briefly, temperatures and pres- tainty about that, the deterrent capability is rowing the major gaps in our understanding sures only seen in the nature of the center of weakened. The only assurance that you of nuclear weapons which have eluded 50 stars. Do it without an integrating nuclear could have that they will work is to test years of nuclear testing. Nuclear testing test and without any reduction in extraor- them, and the only way to test them is the would then be required to confirm this new dinarily high standards of safety and reli- most effective way to test them.’’ understanding and validate the resulting ability. And while you’re at it, downsize the ‘‘Since [U.S.] testing ended [in 1992] there stockpile fixes.’’ industrial complex that supports this enter- have been no weapons ‘‘red-lined’’ [i.e., re- Dr. Troy Wade, former Assistant Secretary prise by a factor of two and stand up critical moved from operational status for safety of Energy for Defense Programs and nuclear new manufacturing processes; this, within an and/or reliable reasons]. The assumption bomb designer: ‘‘Nuclear weapons are not industrial system that was structured to seems to be that since we stopped testing ev- like artillery shells. You cannot store them turn over new designs every 15 years and for erything’s fine. Well, I can’t share that as- in a bottle or building and then get them which the nuclear explosive testing was the sumption, I don’t think that’s correct, and I whenever the exigencies of the situation magic tool for demonstrating success.’’ don’t want to take a chance. You just aren’t prompt you to do so. Nuclear weapons are Dr. Schlesinger observed dryly: ‘‘Now, this allowed any margin for error in this busi- very complicated assemblies that require challenge was laid down by the architect of ness. And this treaty gives a very large mar- continued vigilance to assure reliability and the SSP. He understood the risks. The only gin for error.’’ safety. thing that he might add to that statement is ‘‘And all of the discussion in other com- ‘‘It is, therefore, a first-order principle that, in order to validate the SSP, we would mittees and a great deal of the discussion in that nuclear weapons that are now expected require nuclear testing.’’ public has been an attempt to show that the to be available in the enduring stockpile for The ineluctable reality is that the United stockpile stewardship program will be an ef- much longer than was contemplated by the States has already run potentially grave fective way of testing them, although every- designers, will require enhanced vigilance to risks by not testing its aging arsenal for the one agrees it’s not as effective as testing continue to ensure safety and reliability. past seven years. It perpetuates this morato- them in the way that we have done in the ‘‘I am a supporter, only because I believe it rium—let alone making it a permanent, past with underground explosions, with all is a way to develop the computational capa- international obligation—at its peril. precautions to prevent any of the escape of bility to assure the annual certification the material into the atmosphere. process for warheads, that have not changed, DECISION BRIEF NO. 99–D 108 ‘‘You will have all kinds of statements or for which there is no apparent change. For C.T.B.T. TRUTH OR CONSEQUENCES #2: THIS made that the stewardship stockpile pro- nuclear weapons that do not fit that cat- TREATY IS UNVERIFIABLE—IT MAY MAKE gram will be able to be tested by computer egory, stockpile stewardship is merely—as MONITORING OTHERS’ NUKE PROGRAMS MORE modeling. We’ve had some less than reas- we say in Nevada—a crap shoot. Nuclear DIFFICULT suring statements that the computers that testing has always been the tool necessary to (Washington, D.C.): In a daily drumbeat of can do this best will be available in 2005 or maintain, with high confidence, the reli- remarks aimed at selling the Comprehensive 2008, which is a tacit admission that in the ability and safety of the stockpile. I believe Test Ban Treaty (CTBT) to an unreceptive meantime, the stockpile stewardship pro- this treaty would remove the principle tool Senate, President Clinton has repeatedly gram, as it’s presently constituted, is not an from the tool chests of those responsible for made the claim that this treaty is ‘‘effec- effective way of testing. And the only way to assuring safety and reliability.’’ tively verifiable.’’ While he and his subordi- be sure that these weapons will work and ‘‘Maintaining the nuclear deterrence of the nates acknowledge that all testing will not will be able to do their horribly lethal task United States, without permitting needed actually be detectable, they insist that any is to test them and test them in the most ef- testing, is like requiring the local ambulance that would undermine our nuclear deterrent fective way possible.’’ service to guarantee 99 percent reliability would be picked up by U.S. and/or inter- Admiral Henry Chiles, President Clinton’s any time the ambulance is requested, but national monitoring systems—the latter, the former Commander-in-Chief, U.S. Strategic with a provision that the ambulance is never CTBT’s proponents assert, representing a Forces Command: ‘’We are going to have to to be started until the call comes. I believe significant augmentation of the former. For remove and replace almost all, if not all, of this is a patently absurd premise.’’ example, Mr. Clinton recently declared: the non-nuclear components in those weap- Dr. Robert Barker, former Assistant for ‘‘The treaty will also strengthen our ability ons with newly designed components. The Atomic Energy to Secretaries of Defense to monitor if other countries are engaged in older components are not available. They Weinberger, Carlucci and Cheney and a nu- suspicious activities through global chains of were originally manufactured by tech- clear weapon designer: ‘‘There are nine weap- sensors and on-site inspections, both of nologies that are obsolete, and they are not ons in the continuing inventory; only three which the treaty provides for.’’ supported in our evolving industrial base. of those weapons have the three modern safe- The truth And without testing I know of no other engi- ty features of enhanced nuclear detonation Fortunately, authoritative testimony in neering unit of comparable complexity that safety, the fire resistant pit and insensitive the Senate Intelligence, Armed Services and anyone would consider safe and reliable in a high explosive. Three of the systems in the Foreign Relations Committees last week modern world.’’ continuing inventory have only one of those provided needed rebuttals to such claims. Dr. Paul Robinson, the current Director of features. the Sandia National Laboratory: ‘‘I can state ‘‘Now, I believe to freeze an inventory in While the most sensitive of that testimony with no caveats that to confirm the perform- place in which every weapon is not as safe as was taken by the Intelligence Committee in ance of high-tech devices—cars, airplanes, it could be is unconscionable. I think that is closed session, an invaluable summary was medical diagnostics, computers or nuclear a decision that the Senate really needs to provided by the Chairman of the Senate Se- weapons—testing is the preferred method- take on and ask itself whether it is com- lect Committee on Intelligence, Sen. Richard ology . . . actually nuclear testing of the en- fortable with making a decision to freeze the Shelby (R-AL), in an appearance before the tire system. . . . To forego testing is to live stockpile in a situation in which it is less Foreign Relations Committee on 7 October. with an uncertainty. And the question is, safe than it could be. Should an accident Highlights of Chairman Shelby’s authori- what is the risk, can one bound the uncer- happen, the loss of life, loss of property, as a tative statement include the following: ‘‘It’s my considered judgment, as chairman tainty, and how does that work out?’’ result of not having included—it could have ‘‘In the past, we used to change out the na- of the Intelligence Committee, based on a re- been precluded by the inclusion of one of tion’s nuclear weapons about eight to 10 view of the intelligence analysis and on tes- these features—who is it that will take the years; we would replace an old design with a timony this week from the intelligence com- credit or take the blame for that? I think completely new design at that point in time. munity’s senior arms control analyst, that any prudent program that called for a ces- And so we had really very little effects due it’s impossible to monitor compliance with sation in testing would have made sure that to aging of the system sitting in there. this treaty with the confidence that the Sen- every weapon in the inventory was as safe as Today the stockpile is the oldest one we’ve ate should demand before providing its ad- it could be before such a step was taken. ever had in the 54-year history of the pro- vice and consent for ratification. gram, so we’re watching for new effects due The bottom line ‘‘I’m not confident that we can now or can to aging that we haven’t seen before.’’ In his testimony before the Senate Armed in the foreseeable future detect any and all Dr. John Nuckles, former Director of the Services Committee, Secretary Schlesinger nuclear explosions prohibited under the trea- Lawrence Livermore National Laboratory cited remarks made by Dr. Victor Reis, ty. While I have a greater degree of con- under President Clinton: ‘‘It cannot be as- President Clinton’s erstwhile Assistant Sec- fidence in our ability to monitor higher- sured that the powerful computational and retary of Energy for Defense Programs and yield explosions in known test sites, I have experimental capabilities of the Stockpile architect of the Stockpile Stewardship Pro- markedly less confidence in our capabilities Stewardship program will increase con- gram, in a speech delivered before he left of- to monitor lower-yield and/or evasively con- fidence and reliability. Improved under- fice to the Sandia National Laboratory: ducted tests, including tests that may enable standing may reduce confidence in the esti- ‘‘Think about [the challenge of the Stock- states to develop new nuclear weapons or im- mates to performance margins and reli- pile Stewardship Program]. We are asking to prove existing weapons.

VerDate Mar 15 2010 21:55 Nov 01, 2013 Jkt 081600 PO 00000 Frm 00055 Fmt 0624 Sfmt 0634 E:\1999SENATE\S12OC9.REC S12OC9 mmaher on DSKCGSP4G1 with SOCIALSECURITY S12384 CONGRESSIONAL RECORD — SENATE October 12, 1999 ‘‘At this point, I should point out too that to inspection. I understand these provisions otherwise almost wholly lacking patina of while the proponents of the treaty have ar- mirror limitations sought by Saddam Hus- bipartisanship to this accord. gued that it will prevent nuclear prolifera- sein on the UNSCOM inspectors, which leads The fact is that President Bush was eu- tion, the fact is that some of the countries of me to believe that some of the OSI standards chred on the eve of the 1992 election into ac- most concern to us—North Korea, Iran and could be what’s cut out for Iraq. As a result cepting legislative restrictions on nuclear Iraq—can develop and deploy nuclear weap- of these and other hurdles even if inspectors testing that he vehemently opposed. This ons without any nuclear tests whatsoever. do eventually get near the scene of a sus- point was made clear in testimony before the ‘‘With respect to monitoring, in July of ’97, picious event, the evidence, which is highly Senate Armed Services Committee last week the intelligence community issued a na- perishable, may well have vanished. by Dr. Robert Barker, a nuclear weapon de- tional intelligence estimate entitled: ‘Moni- In addition to Sen. SHELBY’s summary of signer who served as the Pentagon’s top nu- toring the Comprehensive Test Ban Treaty the information available to the Intelligence clear weapons expert during the Reagan and Over the Next 10 Years.’ . . . The NIE was Committee, Dr. Kathleen Bailey—a highly Bush Administrations. not encouraging about our ability to mon- respected former Associate Director of the There should be no doubt whatsoever that itor compliance with the treaty or about the Arms Control and Disarmament Agency— President Bush and the entire administra- likely utility of the treaty in preventing added the following points in her testimony tion that stood behind him believed that nu- countries like North Korea, Iran and Iraq before the Senate Armed Services Com- clear testing was necessary for the mainte- from development and fielding nuclear weap- mittee: nance of a safe and reliable stockpile. I don’t ons. The NIE identified numerous challenges, ‘‘The international monitoring system of believe the technical facts have changed difficulties and credible evasion scenarios the CTBT is designed or is capable of detect- since 1993. I believe we are faced with a Com- that affect the intelligence community’s ing greater than one kiloton of nuclear yield prehensive Test Ban Treaty not because the confidence in its ability to monitor compli- for a non-evasively conducted test. So, if technical facts have changed but because ance. Russia or someone else decides to conduct a some political issues are different now than ‘‘Because the details are classified and be- test evasively, the IMS system will probably were true in 1993. cause of the inherent difficulty of summa- not be able to detect it. President Bush’s legacy rizing a very highly technical analysis cov- ‘‘This is because there are various tech- President Bush’s attitude towards nuclear ering a number of different countries and a niques that can be used to basically mask testing is made express in an unclassified multitude of variables, I recommend that the fact that you tested. One of the most passage from a classified report he submitted members, including the members of this widely known is called decoupling, and I to the Congress on his Administration’s last committee, review this document with the would here rely on an unclassified paper I full day in office. This report was written to following caution: Based on testimony before heard a CIA official present last year in explain why the Bush Administration found the committee this week, I believe that which he described the fact that a nation a statute mandating an end to all U.S. nu- newly acquired information requires reevalu- could put a nuclear device in a cavity, deto- clear testing, following a final series of un- ation of the 1997 estimate’s assumptions and nate it, and essentially the space around it derground tests, to be incompatible with the underlying analysis on certain key issues. in this cavity would muffle or mitigate the national security. It read, in part: The revised assumptions and analysis appear sound, so that the seismic signal is reduced ‘‘. . . The Administration has concluded certain to lead to even more pessimistic con- by as much as a factor of 70. This means that that it is not possible to develop a test pro- clusions.’’ a one-kiloton explosion could look like only gram within the constraints of Public Law ‘‘Many proponents of the treaty place their 14 tons. So it would be well below the thresh- 102–377 that would be fiscally, militarily and faith, in monitoring aids provided under the old of the international monitoring system.’’ technically responsible. The requirement to treaty such as the International Monitoring The bottom line maintain and improve the safety of U.S. forces necessitates continued nuclear testing System—IMS—a multinational seismic de- The fact is that militarily significant cov- for those purposes, albeit at a modest level, tection system, and the CTBT’s On-Site In- ert nuclear testing can—and almost cer- for the foreseeable future. The Administra- spection regime—OSI. Based on a review of tainly will—be conducted at low-yields or in tion strongly urges the Congress to modify the structure, likely capabilities and proce- other ways aimed at masking the force of an this legislation urgently, in order to permit dures of these international mechanisms, explosion. Unfortunately, the history of neither of which will be ready to function for the minimum number and kind of under- arms control is riddled with examples of ground nuclear tests that the United States a number of years, and based on the intel- treaties where even clear-cut violations are ligence community’s own analysis and state- requires—regardless of the action of other excused or ignored by the other parties. Just states—to retain safe and reliable, although ments, I’m concerned that these organiza- as President Clinton has acknowledged a tions will be of at best limited, if not mar- dramatically reduced, nuclear deterrent tendency on the part of his Administration forces.’’ ginal margin. to ‘‘fudge’’ the facts when the alternative of ‘‘I believe this IMS will be technically in- The reasons for President Bush’s adamant telling the truth will have hard policy impli- adequate. For example, it was not designed position on the need to continue nuclear cations, the Comprehensive Test Ban will to detect evasively conducted tests which, if testing in order to assure the safety and reli- prompt this government and others to take you are Iraq or North Korea, are precisely ability of the U.S. deterrent is not hard to the most charitable view of ambiguous data, the kind you’re going to conduct. It was de- comprehend in light of the experience de- rather than conclude the treaty has been signed, as you know with diplomatic sen- scribed by Dr. Barker in his testimony on 7 violated. sitivities rather than effective monitoring in October: If anything, as Sen. SHELBY has noted, the mind. And it will be eight to 10 years before ‘‘During my six years in the Pentagon, very fact that a treaty is at stake will prob- the system is complete. from 1986 and 1992, the people in the nuclear ably make it more likely, not less, that U.S. ‘‘Because of these factors and for other weapons laboratories were even more experi- intelligence will be discouraged from technical reasons, I’m afraid that the IMS is enced [than they are today since they] were ascertaining the true status of potentially more likely to muddy the waters by inject- doing nuclear testing. Well, every day of any hostile powers’ nuclear weapons programs ing questionable data into what will inevi- year I could go to them and they would tell and behavior that may contravene the CTBT tably be highly charged political debate over me my stockpile was safe, my stockpile was and/or the ‘‘international norm’’ it is sup- possible non-compliance. As a result, the reliable—I could count on their judgment. posed to establish and promote. Far from ‘‘Five times during that six-year period I value of more accurate, independently ob- contributing to American security, the Com- was faced with catastrophic failures in the tained U.S. information will be undermined, prehensive Test Ban would—in this fashion, stockpile. The Department of Energy came making it more difficult for the U.S. to among others—degrade that security. to me on five occasions, and I found myself make its case for noncompliance if it were to going to Secretaries Weinberger or Carlucci become necessary. DECISION BRIEF NO. 99–D 109 ‘‘And with respect to on-site inspection, I or Cheney, and telling them that a weapon in believe that the on-site inspection regime in- C.T.B.T. TRUTH OR CONSEQUENCES #3: PRESI- the inventory could not be trusted to do its vites delay and confusion. For example, DENT BUSH DID NOT ‘IMPOSE’ A TEST MORATO- job. And until we did further tests those while U.S. negotiators originally sought an RIUM—IT WAS IMPOSED ON HIM weapons were basically non-operational, and automatic green light for on-site inspections (Washington, DC): One of the more per- we were faced with trying to deal with the as a result of the opposition of the People’s nicious misstatements being served up by situation of instantaneously having a weap- Republic of China, now, the regime that was Clinton Administration officials desperately ons system not available to us . . . . In every adopted allows inspections only with the ap- trying to induce Republican Senators to case where a change had to be made in order proval of 30 of the 51 countries on the execu- agree to the ratification of the Comprehen- to fix the problem, a nuclear test was re- tive committee. Members of the Committee sive Test Ban Treaty (CTBT) is to the effect quired to be sure that the fix worked.’’ will appreciate the difficulty of rounding up that former President George Bush ‘‘imposed President Clinton’s Legacy the votes for such a supermajority. a moratorium’’ on U.S. nuclear testing be- Dr. Barker also pointed out to Senate how ‘‘I am also deeply troubled by the fact that fore leaving office. The most recent such the Clinton Administrations’ ideological at- the inspected party has a veto, a veto over misrepresentation was made on ABC News’ tachment to the idea of banning all nuclear including U.S. inspectors on an inspection ‘‘This Week’’ program on Sunday by Sec- testing—without regard to the implications team and the right of the inspected party to retary of State Madeleine Albright. By so for the safety and reliability of the stock- declare areas up to 50 kilometers off limits doing, they transparently hope to lend an pile—had a singularly perverse effect:

VerDate Mar 15 2010 21:55 Nov 01, 2013 Jkt 081600 PO 00000 Frm 00056 Fmt 0624 Sfmt 0634 E:\1999SENATE\S12OC9.REC S12OC9 mmaher on DSKCGSP4G1 with SOCIALSECURITY October 12, 1999 CONGRESSIONAL RECORD — SENATE S12385 ‘‘It’s one of the great ironies that there served ‘‘not a single president before the cur- Further Policy Caveats was a thing in existence back in 1993 called rent one has ever sought a zero-yield, indefi- ‘‘. . . The U.S. recognizes that neither nu- a test ban readiness program, which called nite duration CTBT.’’ Actually, every one of clear testing nor arms control per se are for a significant number of tests each year his predecessors rejected such an approach. ends in themselves. They are tools to be em- for a decade in order to prove whether or not President Reagan’s legacy ployed in the interests of enhancing national a scheme of calculation and non-nuclear sim- Particularly instructive is the forceful 1988 security.’’ ulation would provide a reliable replacement rejection of nuclear test bans and other limi- ‘‘. . . It is clear that limitations as strin- for nuclear testing. . . . That is the reliable, tations on nuclear testing beyond those cur- gent as a complete ban on tests above either scientific even business approach. You do not rently on the books that was sent by Presi- 1 kiloton- or 10 kilotons-yield pose serious change your calibration tool without com- dent Reagan to the Congress in September of risks and will almost certainly not prove to paring the results. be compatible with our overall security in- ‘‘No business would change its accounting that year. The highlights of this carefully prepared, interagency-approved report enti- terests. As the companion reports by the De- system without verifying that the new sys- partments of Defense and Energy make tem gave the same results of the new. No sci- tled, The Relationship between Progress in Other Areas of Arms Control and More Strin- clear, such limitations have exceptionally entist would change the calibration tool in severe effects on U.S. programs. In addition, his laboratory without validating that the gent Limitations on Nuclear Testing should be required reading for Senators now con- we do not know how to verify such yield lim- new tool gave the same result as the old. itations.’’ And in 1993 we were embarked upon a process fronting the decision whether to advise and The Bottom Line of developing a set of tools that we could as- consent to the CTBT: sess whether or not they would prove to be a The Requirement for Testing The Reagan Administration report de- clared in closing that ‘‘A comprehensive test reliable replacement for nuclear testing. ‘‘Nuclear testing is indispensable to main- ban remains a long-term objective of the ‘‘The cessation of nuclear testing cut that taining the credible nuclear deterrent which United States.’’ It makes clear, however, whole thing off, and instead we jumped into has kept the peace for over 40 years.’’ that the circumstances under which such a the replacement and have denied ourselves ‘‘Thus we do not regard nuclear testing as ban might be acceptable are very different the ability to ever calibrate it if we ratify an evil to be curtailed, but as a tool to be from those that applied at the time, or this Comprehensive Test Ban Treaty.’’ employed responsibly in pursuit of national today: ‘‘We believe such a ban must be The bottom line security.’’ viewed in the context of a time when we do No President since John F. Kennedy has ‘‘The U.S. Tests neither more often nor at not need to depend on nuclear deterrence to voluntarily imposed the kind of unilateral higher yields than is required for our secu- ensure international security and stability, moratorium on nuclear testing upon which rity.’’ and when we have achieved broad, deep, and Bill Clinton has insisted over the past seven ‘‘As long as we must depend on nuclear effectively verifiable arms reductions, sub- years—and for good reason. And President weapons for our fundamental security, nu- stantially improved verification capabilities, Kennedy declared when he ended the three clear testing will be necessary.’’ expanded confidence-building measures, and year testing moratorium he had adopted: Why the United States Tests Nuclear ‘‘We know enough now about broken nego- greater balance in conventional forces.’’ Weapons Senators being asked to consider post- tiations, secret preparations and the advan- ‘‘First, we do so to ensure the reliability of tages gained from a long test series never to poning a final vote on the Comprehensive our nuclear deterrent.’’ Test Ban Treaty should understand that the offer again an uninspected moratorium. ‘‘Second, we conduct nuclear tests in order Some may urge us to try it again, keeping practical effect of doing so would effectively to improve the safety, security, surviv- be to agree that—despite its incompatibility our preparations to test in a constant state ability, and effectiveness of our nuclear arse- of readiness. But in actual practice, particu- with U.S. national security interests and its nal. Testing has allowed the introduction of larly in a society of free choice, we cannot consistency with the sort of woolly-headed, modern safety and security features on our keep top flight scientists concentrating on radical disarmament notions Ronald Reagan weapons. It has permitted a reduction by the preparation of an experiment which may eschewed—the CTBT’s restraints would con- nearly one-third in the total number of or may not take place on an uncertain date tinue to bind the United States. For, under weapons in the stockpile since 1960, as well in the undefined future. international legal practice, unless and until ‘‘Nor can large technical laboratories be as a reduction in the total megatonnage in a nation formally gives notice of its inten- kept fully alert on a stand-by-basis waiting that stockpile to approximately one-quarter tion not to ratify a treaty, it is obliged to re- for some other nation to break an agree- of its 1960 value.’’ frain from actions that would undercut its ment. This is not merely difficult or incon- ‘‘Third, the U.S. tests to ensure we under- object and purpose. Such notice should be venient—we have explored this alternative stand the effects of a nuclear environment given, and promptly. thoroughly and found it impossible of execu- on military systems.’’ tion.’’ ‘‘Finally, by continuing to advance our un- DECISION BRIEF NO. 99–D 111 The fact is that President George Bush, derstanding of nuclear weapons design, nu- C.T.B.T. TRUTH OR CONSEQUENCES #5: OPPOSI- many of those who served in senior ranks of clear testing serves to avoid technological TION TO A ZERO-YIELD, PERMANENT TEST BAN his administration—notably, his Secretary surprise and to allow us to respond to evolv- IS ROOTED IN SUBSTANCE, NOT POLITICS ing threat.’’ of Defense Dick Cheney, his National Secu- (WASHINGTON, D.C.).—Advocates for the ‘‘These four purposes are vital national se- rity Advisor Brent Scowcroft and his Sec- Comprehensive Test Ban Treaty (CTBT) have curity goals. As companion reports by the retary of Energy James Watkins have all ex- recently engaged in a form of political Departments of Defense and Energy indicate, pressed their opposition to this treaty—and contortionism that would impress Houdini. they cannot currently be met without nu- his son, George W. Bush, have formally coun- Having insisted on the Senate’s immediate clear testing.’’ seled the Senate against permanent unilat- consideration of this accord in time for a eral and/or multilateral bans on nuclear test- Reductions in Nuclear and/or Conventional CTBT review conference held last week in ing. This counsel should be heeded—not mis- Arms May Actually Increase U.S. Testing Vienna, they were initially surprised, then represented or ignored. Requirements seemingly pleased when Senate Republicans ‘‘. . . It is important to recognize that agreed two weeks ago to a fixed period for DECISION BRIEF NO. 99–D 110 there is no direct technical linkage between debate and a near-term vote. Accordingly, C.T.B.T. TRUTH OR CONSEQUENCES #4: THE ZERO- the size of the nuclear stockpile and the re- every single Democratic Senator and those YIELD, PERMANENT TEST BAN’S PEDIGREE IS quirements for nuclear testing.’’ relatively few Republicans who have de- HARD LEFT, NOT BIPARTISAN OR RESPONSIBLE ‘‘Indeed, under [an agreement providing clared their support for the CTBT agreed— (Washington, D.C.): President Clinton is for] deep reductions in strategic offensive obviously with the Clinton White House’s fond of saying that the Comprehensive Test arms the reliability of our remaining U.S. blessing—to a ‘‘unanimous consent’’ agree- Ban Treaty (CTBT) is the ‘‘longest-sought, strategic weapons could be even more impor- ment designed to do just that. In other hardest-fought prize in the history of arms tant and the need for testing even greater. words, when they thought they had (or could control.’’ He and his subordinates and other . . .’’ get) the necessary votes, the CTBT’s pro- CTBT proponents try, however, to confuse by ‘‘Similarly, neither reductions in strategic ponents were quite content with this ar- whom the present, zero-yield, permanent ban offensive arms themselves nor success in rangement. on all nuclear tests has been so long sought conventional arms reductions will eliminate As it became clear that the treaty’s oppo- and hard fought. This is not an accident. the third reason for U.S. nuclear testing, the nents had easily the 34 votes needed to de- After all, as it has become clear that this requirement to ensure we understand, from feat President Clinton’s permanent, zero- arms control initiative has been the agenda both an offensive and defensive standpoint, yield Comprehensive Test Ban, however, the not, as the CTBT’s champions contend, for the effects of the environment produced by Administration and its allies began to com- every President since Dwight Eisenhower, nuclear explosions on military systems. . . . plain that the arrangement they had agreed but rather for radical, left-wing anti-nuclear Even in a world with reduced strategic arms to was no longer satisfactory. Suddenly, ideologies, its prospects for approval by the and an improved balance in conventional they claimed the CTBT was in danger of fall- Republican Senate dwindle. forces, nuclear arms will exist. In such a ing victim to ‘‘partisan politics’’ and that The fact is, as Senate Foreign Relations world, understanding nuclear effects would only by delaying the vote would that accord Committee Chairman Jesse Helms has ob- be no less important.’’ receive the deliberate consideration due it.

VerDate Mar 15 2010 21:55 Nov 01, 2013 Jkt 081600 PO 00000 Frm 00057 Fmt 0624 Sfmt 0634 E:\1999SENATE\S12OC9.REC S12OC9 mmaher on DSKCGSP4G1 with SOCIALSECURITY S12386 CONGRESSIONAL RECORD — SENATE October 12, 1999 Unfortunately for the pro-CTBT contor- nine weapon designs currently in our arse- ‘‘If a country breaks the international tionists, the announcement on 7 October by nal, only one employs all of the most modern norm embodied in the CTBT, that country Senator Richard Lugar (R–IN) of his ada- safety and security measures. Our nuclear has already broken the norm associated with mant opposition to the present Comprehen- weapons laboratories are unable to provide the Non-Proliferation Treaty (NPT). Coun- sive Test Ban Treaty makes such arguments the American people with these protections tries other than the recognized nuclear pow- untenable. Sen. Lugar is, after all, a man because of the inability of the Stockpile ers who attempt to test a weapon must first with a record of unwavering support for arms Stewardship Program to completely mimic manufacture or obtain a weapon, which control and unfailing willingness to pursue testing. would constitute a violation of the NPT. I bipartisan approaches to foreign policy ‘‘At present, I am not convinced the Stock- fail to see how an additional norm will deter issues. His closely reasoned and well-re- pile Stewardship Program will permit our a motivated nation from developing nuclear searched grounds for his declared intention experts to maintain a credible deterrent in weapons after violating the long-standing to vote against this CTBT makes it clear the absence of testing. Without a complete, norm of the NPT.’’ effective, and proven Stockpile Stewardship that he and other like-minded Senators will The Bottom Line program, the CTBT could erode our ability do so for legitimate, substantive reasons. The Clinton Administration’s transparent Reduced to its essence, Sen. Lugar’s cri- to discover and fix problems with the nuclear intent to use the CTBT as a political weapon tique—which is likely to prove highly influ- stockpile and to make safety improve- against its critics makes Senator Lugar’s ential with other centrist Senators—reads as ments.’’ statesmanship and courage in opposing this follows: An Unverifiable CTBT: ‘‘The U.S. must be ‘‘The goal of the CTBT is to ban all nuclear confident of its ability to detect cheating treaty as a matter of principle all the more explosions worldwide: I do not believe it can among member states. While the exact commendable. Although the Indiana Senator succeed. I have little confidence that the thresholds are classified, it is commonly un- has made clear his preference not to vote on verification and enforcement provisions will derstood that the United States cannot de- the CTBT in the coming days, the sub- dissuade other nations from nuclear testing. tect nuclear explosions below a few kilotons stantive case he has made against this ac- Furthermore, I am concerned about our of yield. The Treaty’s verification regime, cord should be dispositive to his colleagues country’s ability to maintain the integrity which includes an international monitoring in deciding to reject the Comprehensive Test and safety of our own nuclear arsenal under system and on-site inspections, was designed Ban Treaty now, rather than be subjected to the conditions of the treaty. to fill the gaps in our national technical endless political attacks until such time as ‘‘. . . While affirming our desire for inter- means. Unfortunately, the CTBT’s the Treaty is once again placed on the Sen- national peace and stability, the U.S. Senate verification regime will not be up to that ate calendar. is charged with the constitutional responsi- task even if it is ever fully deployed.’’ bility of making hard judgments about the ‘‘The verification regime is further bedev- DECISION BRIEF NO. 99–D 112 iled by the lack of a common definition of a likely outcomes of treaties. This requires C.T.B.T. TRUTH OR CONSEQUENCES #6: HEED nuclear test. Russia believes hydro-nuclear that we examine the treaties in close detail PAST AND PRESENT MILITARY OPPOSITION TO activities and sub-critical experiments are and calculate the consequences of ratifica- A ZERO-YIELD, PERMANENT TEST BAN permitted under the treaty. The U.S. be- tion for the present and the future. Viewed lieves sub-critical experiments are permitted (Washington, D.C.): As the prospects for in this context, I cannot support the treaty’s but hydro-nuclear tests are not. Other states Senate rejection of the Comprehensive Test ratification.’’ believe both are illegal. A common under- Ban Treaty (CTBT) on its merits have grown Highlights of Senator Lugar’s critique in recent days, the Treaty’s proponents have should be required reading for Senators and standing or definition of what is and what is not permitted under the treaty has not been become more reliant than ever on celebrity their constituents alike: endorsements—especially those it has re- Bad Arms Control: ‘‘I do not believe that established.’’ ‘‘The CTBT’s verification regime seems to ceived for retired and serving senior military the CTBT is of the same caliber as the arms be the embodiment of everything the United officers. Indeed, few advocates for the control treaties that have come before the States has been fighting against in the present, zero-yield, permanent test ban make Senate in recent decades. Its usefulness to UNSCOM inspection process in Iraq. We have their case for the CTBT without referring to the goal of non-proliferation is highly ques- rejected Iraq’s position of choosing and ap- the support it enjoys from past and present tionable. Its likely ineffectuality will risk proving the national origin of inspectors. In members of the Joint Chiefs of Staff, includ- undermining support and confidence in the addition, the 50 square kilometer inspection- ing a number of former JCS Chairmen (nota- concept of multi-lateral arms control. Even free zones could become analogous to the bly, Gen. Colin Powell). as a symbolic statement of our desire for a controversy over the inspections of Iraqi Most recently, President Clinton declared safer world, it is problematic because it presidential palaces. The UNSCOM experi- in his Saturday radio address: ‘‘So I say to would exacerbate risks and uncertainties re- ence is one that is best not repeated under a the Senators who haven’t endorsed [the lated to the safety of our nuclear stockpile.’’ CTBT.’’ CTBT], heed the best national security ad- No Safety Net on the SSP: ‘‘At present our Mission Impossible—Enforcement of the vice of our military leaders.’’ The trouble is, nuclear capability provides a deterrent that CTBT: ‘‘Even if the United States were suc- the best national security advice of our mili- is crucial to the safety of the American peo- cessful in utilizing the laborious verification tary leaders is to reject this permanent, all- ple and is relied upon as a safety umbrella by regime and non-compliance was detected, inclusive test ban, not approve it. most countries around the world. One of the the Treaty is almost powerless to respond. Which Advice? most critical issues under the CTBT would This treaty simply has no teeth. Arms con- Setting aside the singularly unimpressive be that of ensuring the safety and reliability trol advocates need to reflect on the possible job the serving Chairman, Gen. Hugh of our nuclear weapons stockpile without damage to the concept of arms control if we Shelton, has done in his advocacy for the testing. The safe maintenance and storage of embrace a treaty that comes to be perceived CTBT—at his reconfirmation hearing a few these weapons is a crucial concern. We can- as ineffectual. Arms control based only on a weeks ago, his endorsement was unintelli- not allow them to fall into disrepair or per- symbolic purpose can breed cynicism in the mit their safety to be called into question. process and undercut support for more sub- gible; on NBC’s Meet the press on 10 October, ‘‘. . . Unfortunately, the jury is still out on stantive and proven arms control measures. he gave a statement of support for the Trea- the Stockpile Stewardship Program. The last ‘‘The CTBT’s answer to illegal nuclear ty that was more articulate, but wholly in- nine years have seen improvements, but the testing is the possible implementation of appropriate to the question he was asked, bottom line is that the Senate is being asked sanctions. It is clear that this will not prove not once but twice—fans of the CTBT should to trust the security of our country to a pro- particularly compelling in the decision-mak- be careful in relying too heavily upon their gram that is unproven and unlikely to be ing processes of foreign states intent on favorite officers to sell this Treaty. fully operational until perhaps 2010. building nuclear weapons. For those coun- Consider, for example, statements that ‘‘. . . The Congressional Research Service tries seeking nuclear weapons, the perceived three of the most prominent of these offi- reported last year that: ‘A problem with one benefits in international stature and deter- cers—General Powell, Admiral William warhead type can affect hundreds of thou- rence generally far outweigh the concern Crowe and General David Jones—during sands of individually deployed warheads; about sanctions that could be brought to their respective stints as chairmen of the with only 9 types of warheads expected to be bear by the international community.’’ Joint Chief of Staff in the stockpile in 2000, compared to 30 in Fraudulent ‘‘Norm’’: ‘‘I believe the en- General Colin Powell, 30 September 1991: 1985, a single problem could affect a large forcement mechanisms of the CTBT provide [In response to a question by Senator Mal- fraction of the U.S. nuclear force.’ If we are little reason for countries to forego nuclear colm Wallop (R–Wy) as to how Gen. Powell to put our faith in a program other than testing. Some of my friends respond to this would respond to a Soviet proposal to halt testing to ensure the safety and reliability of charge by pointing out that even if the en- testing.] I would recommend to the Sec- our nuclear deterrent and thus our security, forcement provisions of the treaty are inef- retary and the President [that] it’s a condi- we must have complete faith in its efficacy. fective, the treaty will impose new inter- tion we couldn’t meet. I would recommend The Stockpile Stewardship Program falls national norms for behavior. In this case, we against it. We need nuclear testing to ensure well short of that standard. have observed that ‘‘norms’’ have not been the safety, [and] surety of our nuclear stock- ‘‘. . . I am concerned further by the fact persuasive for North Korea, Iraq, Iran, India pile. As long as one has nuclear weapons, you that some of the weapons in our arsenal are and Pakistan, the very countries whose ac- have to know what it is they will do, and so not as safe as we could make them. Of the tions we seek to influence through a CTBT. I would recommend continued testing.’’

VerDate Mar 15 2010 21:55 Nov 01, 2013 Jkt 081600 PO 00000 Frm 00058 Fmt 0624 Sfmt 0634 E:\1999SENATE\S12OC9.REC S12OC9 mmaher on DSKCGSP4G1 with SOCIALSECURITY October 12, 1999 CONGRESSIONAL RECORD — SENATE S12387 Gen. Powell, 1 December 1992: ‘‘With re- Army, Europe Gen. Frederick J. Kroesen; clear arsenal, however, the only way a stock- spect to a comprehensive test ban, that has Commander of U.S. Air Combat Command pile comprised of weapons having the highest always been a fundamental policy goal of Gen. John M. Loh; Air Force Vice Chief of average age in history could possibly be pre- ours, but as long as we have nuclear weapons Staff Gen. Lawrence A. Skantze; Com- served in a safe and reliable condition would we have a responsibility for making sure mander-in-Chief, Army Readiness Command be if existing weapons types were to be sub- that our stockpile remains safe. And to keep Gen. Donn A. Starry; Commanding General, stantially (if not virtually completely) re- that stockpile safe, we have to conduct a Army Material Command Gen. Louis C. Wag- manufactured. limited number of nuclear tests to make sure ner, Jr.) joined more than forty other experi- While advocates of the zero-yield, perma- we know what a nuclear weapon will actu- enced civilian and retired military policy nent CTBT deny it, neither historical experi- ally do and how it is aging and to find out a practitioners in opposition to the CTBT. ence and common sense support the propo- lot of other physical characteristics with re- They wrote, in part: sition that U.S. nuclear weapons—comprised spect to nuclear phenomenon. ‘‘We consider the Comprehensive Test Ban as they are of as many as 6,000 exactingly ‘‘So I would like ultimately to go to a com- Treaty signed by President Clinton in 1996 to manufactured parts, made of exotic and prehensive test ban, but I don’t think we’ll be inconsistent with vital U.S. national in- often dangerous materials and constantly ex- get there safely and reliably until we also terests. We believe the Senate must reject posed for years to high levels of radiation— get rid of nuclear weapons. As long as we the permanent ban on testing that this trea- will not undergo substantial changes over have to conduct testing.’’ ty would impose so long as the Nation de- time. In fact as a result of such factors, Admiral William Crowe, 8 May 1986: [Ac- pends upon nuclear deterrence to safeguard former Assistant Secretary of Energy Victor cording to a contemporary press report] ‘‘Ad- its security.’’ Reis declared in congressional testimony in miral William Crow, Chairman of the Joint Importantly, in a 5 October letter to Sen- October 1997 that: ‘‘Just about all the parts Chiefs of Staff, said a comprehensive test ate Armed Services Committee Chairman [of those obsolescing devices] are going to ban—which many members of Congress have John Warner, one of the most highly re- have to be remade.’’ urged President Reagan to negotiate with garded JCS Chairman in history, Gen. John Moscow—would ‘introduce elements of un- Vessey, forcefully urged the Senate to reject Why ‘Remaking’ of the Arsenal Cannot be certainty that would be dangerous for all the present CTBT. Highlight of Gen. Vessey’s Effected Without Testing concerned. letter include the following: There a numerous, serious problems with ‘‘Given the pressure from lawmakers for ‘‘Supporters of the CTBT argue that it re- undertaking such a program in the absence conventional weapons testing, ‘I frankly do duces the chances for nuclear proliferation. I of nuclear testing. First, the production not understand why Congress would want to applaud efforts to reduce the proliferation of lines for building the stockpile’s existing suspend testing on one of the most critical nuclear weapons but I do not believe that the bombs and warheads were disassembled long and sophisticated elements of our nuclear de- test ban will reduce the ability of rogue ago. Reconstitution and recertifying them terrent—namely the warhead’s he told the states to acquire nuclear weapons in suffi- would take quite some time, would be very Senate Foreign Relations Committee.’’ cient quantities to upset regional stability costly and probably won’t be possible to ef- General David Jones per an Aviation Week in various parts of the world.’’ fect with confidence absent realistic, explo- article dated 29 May 1978: ‘‘General David ‘‘If the United States is to remain the pre- sive nuclear testing. Jones, Chairman of the Joint Chief of Staff, eminent nuclear power and maintain a mod- told a Senate Armed Services Committee ern, safe, secure, reliable and useable nuclear Second, it will not be possible to replicate meeting last week that he could not rec- deterrent force, I believe we need to continue some of the ingredients in weapons designed ommend an indefinite zero-yield test ban. to develop new nuclear weapons designed to two decades or more ago; key components ‘‘He added that it is not verifiable, and incorporate the latest in technology and to are technologically obsolete and no one that the U.S. stockpile reliability could not meet the changing security situation in the would recommend using them when smaller, be assured. Gen. Jones said he is concerned world. . . . The United States, the one nation lighter, cheaper, more reliable and carcino- over asymmetries that could develop most of the world looks to for securing peace genic materials are now the state-of-the-art. through an unverifiable agreement with the in the world, should not deny itself the op- In addition, federal safety and health guide- USSR. He told Senators he is not convinced portunity to test the bedrock building block lines prohibit the use of some of the mate- by the safeguards he has seen to date, and of its security, its nuclear deterrence force, rials utilized in the original designs. that it would not be difficult to overcome if conditions require testing.’’ Third, virtually everybody who was in- them.’’ ‘‘I . . . believe that the more demonstrably volved in designing and proving the original Gen. Jones, according to a 27 May 1978 modern and useable is our nuclear deterrent designs has left the industrial and laboratory Washington Post article: Air Force Gen. force, the less likely are we to need to use it, complex, taking with them irreplaceable cor- David Jones, selected by [President] Carter but we must have modern weapons, and we porate memory that may spell the difference to be chairman of the Joints chiefs, told the ought not deny ourselves the opportunity to between success and failure in reproducing Senate Armed Services Committee at his re- test if we deem it necessary. their handiwork. cent confirmation hearing that ‘‘I would The Bottom Line have difficulty recommending a zero[-yield] An Authoritative Historical Review test ban for an extended period.’’ The case for the Clinton Comprehensive These points were underscored in an au- It falls to these individuals and those who Test Ban Treaty fundamentally comes down thoritative report to Congress issued by the are interested in their views to establish to a question of ‘‘confidence’’—in the judg- Lawrence Livermore National Laboratory in which position—their former ones opposing ments of those who say that they are ‘‘con- 1987. Among its relevant highlights are the an open-ended, zero-yield test ban or their fident’’ in the future viability of the U.S. de- following (emphasis added throughout): present ones endorsing it—actually reflect terrent or, alternatively, in the judgment of their ‘‘best national security advice.’’ Suf- those who warn that history suggests such ‘‘It has frequently been stated that non-nu- fice it to say that when they actually held confidence is unwarranted in the absence of clear and very-low yield (i.e., less than 1 kil- positions of responsibility, all three went on periodic, realistic underground testing. oton) testing and computer stimulation record in favor of continued testing. Will It should, at a minimum, shake the con- would be adequate for maintaining a viable their serving counterpart and his fellow fidence of Senators whose support for the nuclear deterrent. A recent variant of this members of the JCS undergo a reverse trans- Treaty rests substantially upon the endorse- argument asserts that while such testing and formation after leaving office, in which ca- ment of prominent retired military leaders computer stimulation may be insufficient pacity they have endorsed the CTBT? If so, that those leaders previously held a far more for the development of new warheads, they which view will represent their best profes- dire (not to say, realistic) view of the impli- would be adequate for indefinite mainte- sional military advice (i.e., advice not influ- cations of such an accord for the U.S. deter- nance of a stockpile of existing weapons. We enced by political judgments or consider- rent and security. believe that neither of these assertions can ations)? be substantiated. [From the Center for Security Policy, Oct. Leading Retired Military Officers Oppose the ‘‘The major problem is that a nuclear ex- 12, 1999] CTBT plosive includes such a wide range of proc- DECISION BRIEF NO. 99–D 112 Senators would do well to consider the esses and scales that it is impossible to in- views of other distinguished retired military C.T.B.T. TRUTH OR CONSEQUENCES #7: REALISTIC clude all the relevant physics and engineer- officers. For example, in an open letter to EXPLOSIVE TESTING IS REQUIRED TO ‘RE- ing in sufficient detail to provide an accu- Senate Majority Leader Trent Lott dated 9 MANUFACTURE’ EXISTING NUCLEAR WEAPONS rate representation of the real world.’’ September, ten retired four-star combat (Washington, D.C.): One of the most per- ‘‘A final proof test at the specified low- commanders (Marine Corps Commandant nicious misrepresentations being served up temperature extreme of the W80 (Air- Gen. Louis H. Wilson and Assistant Com- in recent days by the proponents of the Com- Launched Cruise Missile) was done as the mandants Gens. Raymond G. Davis and Jo- prehensive Test Ban Treaty (CTBT) is the weapon was ready for deployment. The test seph J. Went; Commander-in-Chief Strategic claim that the U.S. deterrent stockpile can results were a complete surprise. The pri- Air Command Gen. Russell E. Dougherty; be maintained for the indefinite future with- mary gave only a small fraction of its ex- Supreme Allied Commander, Atlantic Adm. out further underground tests. Since they pected yield, insufficient to ignite the sec- Wesley McDonald; Commander-in-Chief, U.S. explicitly rule out modernization of the nu- ondary.

VerDate Mar 15 2010 21:55 Nov 01, 2013 Jkt 081600 PO 00000 Frm 00059 Fmt 0624 Sfmt 0634 E:\1999SENATE\S12OC9.REC S12OC9 mmaher on DSKCGSP4G1 with SOCIALSECURITY S12388 CONGRESSIONAL RECORD — SENATE October 12, 1999 ‘‘Our experience with the W80 illustrates Given historical experience and the sci- esses change, certain chemicals previously the inadequacy of non-nuclear and low-yield entific insights gleaned from it, no one who used in production are now forbidden under testing and the need for full-scale nuclear is serious about maintaining the U.S. deter- new environmental regulations, and so on. It tests to judge the effects of small changes. rent for the indefinite future would argue is a certainty that new processes and mate- Even though it has been argued that such a that the existing inventory can be perpet- rials—untested—will be used. Even more im- ‘‘thorough’’ test should have occurred ear- uated without nuclear testing. Remanufac- portant, ultimately the nuclear ‘‘pits’’ will lier, the critical point is that computer sim- tured weapons will have to be realistically need to be replaced—and we will not be able ulation, non-nuclear testing, and less-than- tested, at least at low-yield levels, if we—and to test those replacements. The upshot is full-scale nuclear testing are not always suf- those we hope to deter—are to have con- that new defects may be introduced into the ficient to assess the effects of deterioration, fidence in their effectiveness. stockpile through remanufacture, and with- changes in packaging, or environmental con- out testing we can never be certain that ditions on weapons performance.’’ [From the Center for Security Policy, Oct. 7, these replacement components will work as ‘‘Testing of newly produced stockpiled sys- 1999] their predecessors did. tems has shown a continuing need for nu- SECURITY FORUM NO. 99–F 23 Another implication of the CTBT of unlim- clear tests. Even an ‘‘identical’’ rebuild ited duration is that over time we would SIX SECRETARIES OF DEFENSE URGE DEFEAT OF should be checked in a nuclear test if we are gradually lose our pool of knowledgeable C.T.B.T. to have confidence that all the inevitable, people with experience in nuclear weapons small and subtle differences from one pro- (Washington, D.C.): In an unprecedented design and testing. Consider what would duction run to the other have not affected public statement of opposition to a signed occur if the United States halted nuclear the nuclear performance. The current stock- arms control agreement, six former Secre- testing for 30 years. We would then be de- pile is extremely reliable, but only because taries of Defense—one of whom, Dr. James R. pendent on the judgment of personnel with continued nuclear testing at adequate yields Schlesinger was also (among other things) a no personal experience either in designing or has enabled us to properly assess and correct Secretary of Energy in the Carter Adminis- testing nuclear weapons. In place of a learn- problems as they occur.’’ tration—have written the Republican and ing curve, we would experience an extended ‘‘Although tests of a complex system are Democratic leaders of the U.S. Senate urging unlearning curve. expensive and time-consuming, one is hard- the defeat of the Comprehensive Test Ban Furthermore, major gaps exist in our sci- put to find an example anywhere in U.S. in- Treaty (CTBT). entific understanding of nuclear explosives. dustry where a major production line was re- This authoritative description of the As President Bush noted in a report to Con- opened and requalified without tests. Exact CTBT’s defects and the deleterious repercus- gress in January 1993, ‘‘Of all U.S. nuclear replication, especially of older systems, is sions its ratification would have for Amer- weapons designs fielded since 1958, approxi- impossible. Material batches are never quite ica’s nuclear deterrent should be required mately one-third have required nuclear test- the same, some materials become unavail- reading for every Senator and every other ing to resolve problems arising after deploy- able, and equivalent materials are never ex- participant in what is shaping up to be a mo- ment.’’ We were discovering defects in our actly equivalent. Different people—not those mentous debate over the Nation’s future se- arsenal up until the moment when the cur- who did the initial work—do the remanufac- curity posture. In particular, this letter— rent moratorium on U.S. testing was im- turing. which clearly benefits from Dr. Schlesinger’s posed in 1992. While we have uncovered simi- ‘‘Documentation has never been suffi- vast experience as a former Chairman of the lar defects since 1992, which in the past ciently exact to ensure replication. A perfect Atomic Energy Commission, former Director would gave let to testing, in the absence of specification has never yet been written. We of Central Intelligence as well as a former testing, we are not able to test whether the have never known enough about every detail Secretary of Defense and Energy (in the lat- ‘‘fixes’’ indeed work. to specify everything that may be impor- ter capacity, he was instrumental in dis- Indeed, the history of maintaining complex tant. suading President Carter from pursuing the military hardware without testing dem- ‘‘Tests, even with the limitations of small sort of permanent, zero-yield CTBT that the onstrates the pitfalls of such an approach. numbers and possibly equivocal interpreta- incumbent President hopes to ratify)—does Prior to World War II, the Navy’s torpedoes tion of results, are the final arbiters of the much to rebut the putative ‘‘military’’ argu- had not been adequately tested because of in- tradeoffs and judgments that have been ments being made on behalf of this accord. sufficient funds. It took nearly two years of war before we fully solved the problems that made. We are concerned that, if responsible OCTOBER 6, 1999. caused our torpedoes to routinely pass harm- engineers and scientists were to refuse to DEAR SENATORS LOTT AND DASCHLE: As the certify a remanufactured weapon, pressures Senate weighs whether to approve the Com- lessly under the target or to fail to explode could produce individuals who would. The prehensive Test Ban Treaty (CTBT), we be- on contact. For example, at the Battle of Challenger accident resulted from such a sit- lieve Senators will be obliged to focus on one Midway, the U.S. launched 47 torpedo air- craft, without damaging a single Japanese uation and highlights an all-too-common dominant, inescapable result were it to be ship. If not for our dive bombers, the U.S. tendency of human nature to override judg- ratified: over the decades ahead, confidence would have lost the crucial naval battle of ment in favor of expediency.’’ in the reliability of our nuclear weapons ‘‘Remanufacture of a nuclear warhead is the Pacific war. stockpile would inevitably decline, thereby The Department of Energy has structured often asserted to be a straightforward exer- reducing the credibility of America’s nuclear cise in engineering and material science, and a program of experiments and computer sim- deterrent. Unlike previous efforts at a CTBT, ulations called the Stockpile Stewardship simply involves following well-established this Treaty is intended to be of unlimited du- specifications to make identical copies. In Program, that it hopes will allow our weap- ration, and though ‘‘nuclear weapon test ex- ons to be maintained without testing. This the real world, however, there are many ex- plosion’’ is undefined in the Treaty, by amples where weapon parts cannot be dupli- program, which will not be mature for at America’s unilateral declaration the accord least 10 years, will improve our scientific un- cated because of outmoded technologies, is ‘‘zero-yield,’’ meaning that all nuclear health hazards, unprofitable operations, out- derstanding of nuclear weapons and would tests, even of the lowest yield, are perma- likely mitigate the decline in our confidence of-business vendors, reproducible materials, nently prohibited. lack of documentation, and myriad other in the safety and reliability of our arsenal. The nuclear weapons in our nation’s arse- We will never know whether we should trust reasons. . . . Not only must remanufacturing nal are sophisticated devices, whose thou- attempt to replicate the construction of the Stockpile Stewardship if we cannot conduct sands of components must function together nuclear tests to calibrate the unproven new original weapon, it must also duplicate the with split-second timing and scant margin performance of the original weapon.’’ techniques. Mitigation is, of course, not the for error. A nuclear weapon contains radio- same as prevention. Over the decades, the ‘‘It is important to emphasize that in active material, which in itself decays, and weapon remanufacture we are dealing with a erosion of confidence inevitably would be also changes the properties of other mate- substantial. practical problem. Idealized proposals and rials within the weapon. Over time, the com- statements that we ‘should be able to re- The decline in confidence in our nuclear ponents of our weapons corrode and deterio- deterrent is particularly troublesome in manufacture without testing because exper- rate, and we lack experience predicting the tise is not essential’ are a prescription for light of the unique geopolitical role of the effects of such aging on the safety and reli- United States. The U.S. has a far-reaching failure.’’ ability of the weapons. The shelf life of U.S. foreign policy agenda and our forces are sta- The Bottom Line nuclear weapons was expected to be some 20 tioned around the globe. In addition, we have Senators concerned about the Nation’s years. In the past, the constant process of re- pledged to hold a nuclear umbrella over our ability to perform the needed modifications placement and testing of new designs have NATO allies and Japan. Though we have essential to any effort to ‘‘remanufacture’’ some assurance that weapons in the arsenal abandoned chemical and biological weapons, stockpiled weapon types should bear in mind would be both new and reliable. But under we have threatened to retaliate with nuclear a comment by one of the prominent sci- the CTBT, we would be vulnerable to the ef- weapons to such an attack. In the Gulf War, entists usually cited by CTBT proponents: fects of aging because we could not test such a threat was apparently sufficient to Dr. Richard Garwin. In testimony before the ‘‘fixes’’ of problems with existing warheads. deter Iraq from using chemical weapons Senate Foreign Relations Committee last Remanufacturing components of existing against American troops. week, Dr. Garwin declared: ‘‘I oppose modi- weapons that have deteriorated also poses We also do not believe the CTBT will do fying our nuclear weapons under the morato- significant problems. Manufacturers go out much to prevent the spread of nuclear weap- rium or under the CTBT.’’ of business, materials and production proc- ons. The motivation of rogue nations like

VerDate Mar 15 2010 21:55 Nov 01, 2013 Jkt 081600 PO 00000 Frm 00060 Fmt 0624 Sfmt 0634 E:\1999SENATE\S12OC9.REC S12OC9 mmaher on DSKCGSP4G1 with SOCIALSECURITY October 12, 1999 CONGRESSIONAL RECORD — SENATE S12389 North Korea and Iraq to acquire nuclear succeed. I have little confidence that the Over the last forty years, a large percent- weapons will not be affected by whether the verification and enforcement provisions will age of the weapon designs in our stockpile U.S. tests. Similarly, the possession of nu- dissuade other nations from nuclear testing. have required post-deployment tests to re- clear weapons by nations like India, Paki- Furthermore, I am concerned about our solve problems. Without these tests, not only stan, and Israel depends on the security envi- country’s ability to maintain the integrity would the problems have remained unde- ronment in the region not by whether or not and safety of our own nuclear arsenal under tected, but they also would have gone the U.S. tests. If confidence in the U.S. nu- the conditions of the treaty. unprepaired. The Congressional Research clear deterrent were to decline, countries I am a strong advocate of effective and Service reported last year that: ‘‘A problem that have relied on our protection could well verifiable arms control agreements. As a with one warhead type can affect hundreds of feel compelled to seek nuclear capabilities of former Vice-Chairman of the Senate Arms thousands of individually deployed warheads; their own. Thus, ironically, the CTBT might Control Observer Group and a member of the with only 9 types of warheads expected to be cause additional nations to seek nuclear Foreign Relations Committee, I have had the in the stockpile in 2000, compared to 30 in weapons. privilege of managing Senate consideration 1985, a single problem could affect a large Finally, it is impossible to verify a ban of many arms control treaties and agree- fraction of the U.S. nuclear force.’’ If we are that extends to very low yields. The likeli- ments. to put our faith in a program other than hood of cheating is high. ‘‘Trust but verify’’ * * * * * testing to ensure the safety and reliability of should remain our guide. Tests with yields I understand the impulse of the proponents our nuclear deterrent and thus our security, below 1 kiloton can both go undetected and of the CTBT to express U.S. leadership in an- we must have complete faith in its efficacy. be militarily useful to the testing state. Fur- other area of arms control. Inevitably, arms The Stockpile Stewardship Program falls thermore, a significantly larger explosion control treaties are accompanied by ideal- well short of that standard. can go undetected—or mistaken for a con- istic principles that envision a future in The United States has chosen to re-manu- ventional explosion used for mining or an which international norms prevail over the facture our aging stockpile rather than cre- earthquake—if the test if ‘‘decoupled.’’ De- threat of conflict between nations. However, ating and building new weapon designs. This coupling involves conducing the test in a while affirming our desire for international could be a potential problem because many large underground cavity and has been peace and stability, the U.S. Senate is of the components and procedures used in shown to dampen an explosion’s seismic sig- charged with the constitutional responsi- original weapon designs no longer exist. New nature by a factor of up to 70. The U.S. dem- bility of making hard judgments about the production procedures need to be developed onstrated this capability in 1966 in two tests likely outcomes of treaties. This requires and substituted for the originals, but we conducted in salt domes at Chilton, Mis- that we examine the treaties in close detail must ensure that the remanufactured weap- sissippi. and calculate the consequences of ratifica- ons will work as designed. We believe that these considerations tion for the present and the future. Viewed I am concerned further by the fact that render a permanent, zero-yield Comprehen- in this context, I cannot support the treaty’s some of the weapons in our arsenal are not sive Test Ban Treaty incompatible with the ratification. as safe as we could make them. Of the nine Nation’s international commitments and I do not believe that the CTBT is of the weapons designs currently in our arsenal, vital security interests and believe it does same caliber as the arms control treaties only one employs all of the most modern not deserve the Senate’s advice and consent. that have come before the Senate in recent safety and security measures. Our nuclear Accordingly, we respectfully urge you and decades. Its usefulness to the goal of non- weapons laboratories are unable to provide your colleagues to preserve the right of this proliferation is highly questionable. Its like- the American people with these protections nation to conduct nuclear tests necessary to ly ineffectuality will risk undermining sup- because of the inability of the Stockpile the future of our nuclear deterrent by reject- port and confidence in the concept of multi- Stewardship Program to completely mimic ing approval of the present CTBT. lateral arms control. Even as a symbolic testing. Respectfully, statement of our desire for a safer world, it At present, I am not convinced the Stock- JAMES R. SCHLESINGER. is problematic because it would exacerbate pile Stewardship Program will permit our RICHARD B. CHENEY. risks and uncertainties related to the safety experts to maintain a credible deterrent in FRANK C. CARLUCCI. of our nuclear stockpile. the absence of testing. Without a complete, CASPAR W. WEINBERGER. Stockpile Stewardship effective, and proven Stockpile Stewardship DONALD H. RUMSFELD. The United States must maintain a reli- program, the CTBT could erode our ability MELVIN R. LAIRD. able nuclear deterrent for the foreseeable fu- to discover and fix problems with the nuclear ture. Although the Cold War is over, signifi- stockpile and to make safety improvements. [From the Center for Security Policy, Oct. 7, cant threats to our country still exist. At In fact, the most important debate on this 1999] present our nuclear capability provides a de- issue may be an honest discussion of whether SECURITY FORUM terrent that is crucial to the safety of the we should commence limited testing and SENATOR LUGAR DELIVERS KISS-OF-DEATH TO American people and is relied upon as a safe- continue such a program with consistency CTBT ty umbrella by most countries around the and certainty. (Washington, DC): As the Senate prepares world. One of the most critical issues under Verification the CTBT would be that of ensuring the safe- to open debate on the Comprehensive Test President Reagan’s words ‘‘trust but ty and reliability of our nuclear weapons Ban Treaty (CTBT), arms control’s pre- verify’’ remain an important measuring stockpile without testing. The safe mainte- eminent Republican champion in the Senate, stick of whether a treaty serves the national nance and storage of these weapons is a cru- Sen. Richard Lugar (R–IN) has delivered security interests of the United States. The cial concern. We cannot allow them to fall what is surely the kiss-of-death for this ac- U.S. must be confident of its ability to de- into disrepair or permit their safety to be cord. In a lengthy and detailed memorandum tect cheating among member states. While released today, Sen. Lugar declared ‘‘I will called into question. The Administration has proposed an ambi- the exact thresholds are classified, it is com- vote against the ratification of the CTBT.’’ tious program that would verify the safety monly understood that the United States The Senator’s reasons for reaching what cannot detect nuclear explosions below a few was clearly a wrenching decision are charac- and reliability of our weapons through com- puter modeling and simulations. kilotons of yield. The treaty’s verification teristically thoughtful and powerful ex- regime, which includes an international plained in the following excerpts of his Unfortuantely, the jury is still out on the Stockpile Stewardship Program. The last monitoring system and on-site inspections, memorandum. The Center applauds Senator was designed to fill the gaps in our national Lugar for his courageous leadership in this nine years have seen improvements, but the bottom line is that the Senate is being asked technical means. Unfortunately, the CTBT’s matter and commends his arguments to his to trust the security of our country to a pro- verification regime will not be up to that colleagues—and to the American people on gram that is unproven and unlikely to be task even if it is ever fully deployed. behalf of whose security they are made. fully operational until perhaps 2010. I believe Advances in mining technologies have en- [Press Release from U.S. Senator Richard a National Journal article, by James abled nations to smother nuclear tests, al- Lugar of Indiana, a Senior Member of the Kitfield, summed it up best by quoting a nu- lowing them to conduct tests with little Senate Intelligence and Foreign Relations clear scientist who likens the challenge of chance of being detected. Similarly, coun- Committees and the Senate’s National Se- maintaining the viability of our stockpile tries can utilize existing geologic formations curity Working Group] without testing to ‘‘walking an obstacle to decouple their nuclear tests, thereby dra- The Senate is poised to begin consideration course in the dark when your last glimpse of matically reducing the seismic signal pro- of the Comprehensive Test Ban Treaty under light was a flash of lightning back in 1992.’’ duced and rendering the test undetectable. A a unanimous consent agreement that will The most likely problems facing our stock- recent Washington Post article points out provide for 14 hours of general debate, debate pile are a result of aging. This is a threat be- that part of the problem of detecting sus- on two amendments, and a final vote on rati- cause nuclear materials and components de- pected Russian tests at Novaya Zemlya is fication. . . . In anticipation of the general grade in unpredictable ways, in some cases that the incidents take place in a large gran- debate, I will state my reasons for opposing causing weapons to fail. This is compounded ite cave that has proven effective in muffling ratification of the CTBT. by the fact that the U.S. currently has the tests. The goal of the CTBT is to ban all nuclear oldest inventory in the history of our nu- The verification regime is further bedev- explosions worldwide: I do not believe it can clear weapons programs. iled by the lack of a common definition of a

VerDate Mar 15 2010 21:55 Nov 01, 2013 Jkt 081600 PO 00000 Frm 00061 Fmt 0624 Sfmt 0634 E:\1999SENATE\S12OC9.REC S12OC9 mmaher on DSKCGSP4G1 with SOCIALSECURITY S12390 CONGRESSIONAL RECORD — SENATE October 12, 1999 nuclear test. Russia believes hydro-nuclear nately, this too would most likely prove in- Advice giving is contagious, and Hutton activities and sub-critical experiments are effective, given that permanent members of has some of his own: to encourage the U.S. to permitted under the treaty. The U.S. be- the Security Council could veto any efforts ratify the CTBT, he urged Britain and lieves sub-critical experiments are permitted to punish CTBT violators. Chances of a bet- France to phase out their nuclear weapons but hydro-nuclear tests are not. Other states ter result in the General Assembly are re- entirely—a suggestion they will passionately believe both are illegal. A common under- mote at best. reject. standing or definition of what is and what is I believe the enforcement mechanisms of Now, the prospect of crowning the Western not permitted under the treaty has not been the CTBT provide little reason for countries victory in the Cold War with a piece of inter- established. to forego nuclear testing. Some of my friends national legislation that will stop the spread Proponents point out that if the U.S. needs respond to this charge by pointing out that of nuclear weapons is certainly appealing. additional evidence to detect violations, on- even if the enforcement provisions of the After all, a signature on a piece of paper site inspections can be requested. Unfortu- treaty are ineffective, the treaty will impose would be a remarkably cheap and efficient nately, the CTBT will utilize a red-light in- new international norms for behavior. In way to keep nuclear weapons out of the spection process. Requests for on-site inspec- this case, we have observed that ‘‘norms’’ hands of Kim Jong-il, Saddam Hussein and tions must be approved by at least 30 affirm- have not been persuasive for North Korea, the other 44 regimes now deemed capable of ative votes of members of the Treaty’s 51- Iraq, Iran, India and Pakistan, the very developing nuclear weapons. member Executive Council. In other words, countries whose actions we seek to influence So what explains the need for passionate If the United States accused another country through a CTBT. appeals from politicians and strident com- of carrying out a nuclear test, we could only If a country breaks the international norm ment from leader writers? Why doesn’t the get an inspection if 29 other nations con- embodied in the CTBT, that country has al- Senate congratulate its friends on their wise curred with our request. In addition, each ready broken the norm associated with the and timely counsel and vote to ratify the country can declare a 50 square kilometer Non-Proliferation Treaty (NPT). Countries treaty? I suspect that one reason is the Senators— area of its territory as off limits to any in- other than the recognized nuclear powers or at least the more responsible among spections that are approved. who attempt to test a weapon must first them—have actually read the treaty and un- The CTBT stands in stark contrast to the manufacture or obtain a weapon, which derstand how deeply flawed it is, how un- Chemical Weapons Convention in the area of would constitute a violation of the NPT. I likely it is to stop nuclear proliferation or verifiability. Whereas the CTBT requires an fail to see how an additional norm will deter even nuclear testing, and how it has the po- affirmative vote of the Executive Council for a motivated nation from developing nuclear tential to leave the United States with an weapons after violating the long-standing an inspection to be approved, the CWC re- unsafe, unreliable nuclear deterrent. quires an affirmative vote to stop an inspec- norm of the NPT. Arms control agreements—especially ones tion from proceeding. Furthermore, the CWC Conclusion affecting matters as sensitive as nuclear did not exclude large tracts of land from the On Tuesday the Senate is scheduled to vote weapons—must be judged both in broad con- inspection regime, as does the CTBT. on the ratification of the CTBT. If this vote cept and in the details of their implementa- The CTBT’s verification regime seems to takes place, I believe the treaty should be tion. As a device for ending all nuclear tests, be the embodiment of everything the United defeated. The Administration has failed to the CTBT fails on both counts. States has been fighting against in the make a case on why this treaty is in our na- It is characteristic of global agreements UNSCOM inspection process in Iraq. We have tional security interests. like the CTBT that they lump together, rejected Iraq’s position of choosing and ap- The Senate is being asked to rely on an un- under a single set of constraints, states that proving the national origin of inspectors. In finished and unproven Stockpile Stewardship can be counted upon to comply and those addition, the 50 square kilometer inspection- Program. This program might meet our which intend either to find and use loop- free zones could become analogous to the needs in the future, but as yet, it is not close holes—the CTBT is full of them—or to cheat controversy over the inspections of Iraqi to doing so. The treaty is flawed with an in- to defeat the constraints of the agreement. presidential palaces. The UNSCOM experi- effective verification regime and a prac- To make matters worse, states joining global ence is one that is best not repeated under a tically nonexistent enforcement process. conventions, even if they do so in bad faith, CTBT. For these reasons, I will vote against rati- obtain the same treatment as those who join Enforcement fication of the CTBT. in order to advance the proper purposes of Let me turn some enforcement concerns. the agreement. Even if the United States were successful in [From the Center for Security Policy, Oct. There can be little doubt that Indian par- utilizing the laborious verification regime 12, 1999] ticipation in the ‘‘atoms for peace program’’ facilitated New Dehli’s acquisition of nu- and non-compliance was detected, the Treaty SECURITY FORUM NO. 99–F25 clear weapons by legitimating the construc- is almost powerless to respond. This treaty RICHARD PERLE DISCOUNTS ALLIES’ OBJECTIONS tion of a Canadian designed reactor from simply has no teeth. Arms control advocates TO SENATE REJECTION OF THE COMPREHEN- which India extracted the nuclear material need to reflect on the possible damage to the SIVE TEST BAN TREATY to make its first bomb. We now know that concept of arms control if we embrace a trea- (Washington, D.C.): In an op.ed. article Saddam Hussein made full use of the infor- ty that comes to be perceived as ineffectual. slated for publication in a major British mation provided by Iraqi inspectors on the Arms control based only on a symbolic pur- daily newspaper tomorrow, former Assistant staff of the International Atomic Energy pose can breed cynicism in the process and Secretary of Defense Richard Perle puts in Agency (set up to police the Non-Prolifera- undercut support for more substantive and perspective recommendations made last tion Treaty) to conceal his clandestine nu- proven arms control measures. week by the leaders of Britain, France and clear weapons program. With knowledge of The CTBT’s answer to illegal nuclear test- Germany that the Senate agree to the ratifi- the sources and methods by which the IAEA ing is the possible implementation of sanc- cation of the Comprehensive Test Ban Trea- attempts to ferret out cheating, Iraqis tions. It is clear that this will not prove par- ty (CTBT). Mr. Perle—an accomplished secu- ensconced there (by virtue of Iraq’s having ticularly compelling in the decision-making rity policy practitioner widely respected on signed the NPT) were better able to cir- processes of foreign states intent on building both sides of the Atlantic and, indeed, cumvent treaty’s essential purpose. nuclear weapons. For those countries seek- around the world—powerfully argues that In domestic affairs, no one would seriously ing nuclear weapons, the perceived benefits the objections heard from Messrs. Tony propose that the police and criminals come in international stature and deterrence gen- Blair, Jacques Chirac and Gerhard Schroeder together and sign agreements according to erally far outweigh the concern about sanc- in an op.ed. article published in the New which they accept the same set of con- tions that could be brought to bear by the York Times on 8 October should not dissuade straints on their freedom of action. Yet that international community. the United States Senate for doing what is the underlying logic of the CTBT: a com- Further, recent experience has dem- American national security and interests pact among nation states, some of which are onstrated that enforcing effective multilat- dictate: defeating the CTBT. current or likely criminals, others—the ma- eral sanctions against a country is extraor- PASSION’S SLAVE AND THE CTBT jority—respectful of international law and dinarily difficult. Currently, the United their treaty obligations. Because there can (By Richard Perle) States is struggling to maintain multilateral be no realistic hope of verifying compliance sanctions on Iraq, a country that openly Always generous with advice, a chorus of with the DTBT, this fundamental flaw, seeks weapons of mass destruction and bla- European officials has been urging the which is characteristic of global agreements, tantly invaded and looted a neighboring na- United States Senate to ratify the ‘‘Com- is greatly magnified. The net result of ratifi- tion, among other transgressions. If it is dif- prehensive Test Ban Treaty.’’ Last Friday, cation of the CTBT would be (a) American ficult to maintain the international will be- Tony Blair, Jacques Chirac and Gerhard compliance, which could leave the U.S. un- hind sanctions on an outlaw nation, how Schroeder (BC&S for short) issued what Will certain about the safety and reliability of its would we enforce sanctions against more re- Hutton, writing in the Observer, called ‘‘a nuclear deterrent; and (b) almost certain sponsible nations of greater commercial im- passionate appeal’’ to the American Senator cheating by one or more rogue states deter- portance like India and Pakistan? whose votes will decide whether the United mined to acquire nuclear weapons. In particularly grave cases, the CTBT Ex- States signs up to the fanciful conceit that Among the leaders in Congress who have ecutive Council can bring the issue to the at- the CTBT will halt the testing of nuclear taken a keen interest in arms control is Sen- tention of the United Nations. Unfortu- weapons. ator Richard Lugar from Indiana, a senior

VerDate Mar 15 2010 21:55 Nov 01, 2013 Jkt 081600 PO 00000 Frm 00062 Fmt 0624 Sfmt 0634 E:\1999SENATE\S12OC9.REC S12OC9 mmaher on DSKCGSP4G1 with SOCIALSECURITY October 12, 1999 CONGRESSIONAL RECORD — SENATE S12391 member of the Intelligence and Foreign Re- country as Republicans and Democrats, and ments of the CTBT. Senators weighing these lations Committees. A frequent floor man- military policy analysts for three or four endorsements, however, would be well-ad- ager in favor of arms control legislation, he decades, going back to President Dwight D. vised to consider the following, obviously has supported every arms control treaty to Eisenhower.’’ unrehearsed statement of support for the come before the Senate and has often led the This, then, is how the fight over the Com- Treaty given by one such prominent figure— proponents in debate. Last week he an- prehensive Test Ban Treaty is shaping up. It the serving chairman of the Joint Chiefs of nounced that he would vote against ratifica- will be one in which the pivotal block of sen- Staff, Gen. Hugh Shelton. It came last week tion of the CTBT. ators—mostly Republicans but possibly in- in a congressional hearing in response to a I would be willing to bet that Senator cluding a number of ‘‘New Democtats’’—de- softball question from Sen. Carl Levin, Lugar has spent more time studying this cide how they will vote less on the basis of Michigan Democrat, about why Gen. Shelton treaty than Blair, Chirac, Schroeder and the merits of this accord than on the com- thought the CTBT is in our national inter- Hutton combined—which may explain why pany they will be keeping when they choose est. The chairman responded by saying: his view of the treaty is one of reason and sides. ‘‘Sir, I think from the standpoint of the not passion. Senator Lugar opposes ratifica- This is not an unreasonable response to a holding back on the development of the test- tion—not because he shares my view that treaty that deals with a matter as complex ing which leads to wanting a better system, the treaty is conceptually flawed—but be- as nuclear testing. Such testing is, after all, developing new capabilities, which then cause he believes it cannot achieve its in- an exceedingly esoteric field, mostly science leads you into arms sales or into prolifera- tended purpose but it could ‘‘risk under- but with a fair measure of art thrown in. For tion. Stopping that as early as we can, I mining support and confidence in the con- the best part of the past 55 years, it has been think, is in the best interest of the inter- cept of multi-lateral arms control.’’ recognized to be an indispensable method- national community in general, and specifi- Arguing that the CTBT is ‘‘not of the same ology for ensuring the reliability, safety and cally in the best interest of the United caliber as the arms control treaties that effectiveness of America’s nuclear deterrent. States.’’ have come before the Senate in recent dec- Now, though, the Clinton administration Stripped of the veneer of this sort of sup- ades.’’ Lugar concludes that the treaty’s use- would have us accept that it is no longer port, the zero-yield Comprehensive Test Ban fulness is ‘‘highly questionable,’’ and that it necessary, that our nuclear arsenal can con- can be seen for what it is: the product pri- would ‘‘exacerbate risks and uncertainties tinue to meet these exacting standards even marily of the decades-long agitation of the related to the safety of our nuclear stock- if none of its weapons are tested via under- looney left who, in their efforts to ‘‘disarm pile.’’ He rightly points to the treaty’s ‘‘inef- ground explosions ever again. This rep- the ones they’re with,’’ have made them- fective verification regime’’ and ‘‘practically resents a stunning leap of logic (if not of selves the kind of company few thoughtful nonexistent enforcement process.’’ faith), given the contrary argument made by senators should want to keep—on CTBT Day Senator Lugar’s careful, detailed assess- many CTBT advocates in other contexts—no- of Action or when the votes on this treaty ment of the treaty contrasts sharply with tably, with respect to the F–22 and missile ultimately get counted. the rugby cheering section coming from the defenses. These weapons, we are told, cannot London, Paris and Berlin offices of BC&S. Do be tested enough; they should not be pro- [From the Investor’s Business Daily, Sept. BC&S know that the treaty actually lacks a cured, let alone relied upon, the party line 13, 1999] goes, unless and until the most exacting test definition of the term ‘‘nuclear test?’’ TEST BAN OR UNILATERAL DISARMAMENT requirements have been satisfied. Rushed to completion before the 1996 Presi- TREATY? dential election, Clinton abandoned in mid- Whom is a senator to believe? The answer (By Frank J. Gaffney Jr.) stream an effort to negotiate a binding defi- will not only determine his or her stance on nition. Do they know that advances in min- the CTBT. It will also say a lot about the The utopians in the Clinton camp have set ing technology permit tests to be smothered senator is question. their sights on another nuclear weapons so they cannot be detected? Do they under- My guess—like Sen. Lott’s—is that, at the treaty. It’s not designed to preserve U.S. stand the composition and complexities of end of the day, sufficient numbers of sen- military capability, but rather to disarm it. the U.S. nuclear stockpile or the importance ators will be guided by James Schlesinger on A major campaign is on to press the U.S. of future testing to overcome any potential a matter that threatens to propel the United Senate to approve ratification of the con- problems? Can they get beyond their pas- States inexorably toward unilateral nuclear troversial arms control accord, the Com- sion? disarmament. Few people in the nation have prehensive Test Ban Treaty (CTBT). It’s in- ‘‘Give me that man/That is not passion’s more authority and credibility on this topic tended to ban permanently all nuclear weap- slave, and I will wear him/In my heart’s core than he, the only man in history to have ons tests. . . .’’ Sound advice from Will (Shakespeare, held the positions of chairman of the Atomic For the better part of 50 years, such test- not Hutton). Energy Commission, director of central in- ing has been relied upon by successive Re- telligence, secretary of defense and secretary publican and Democratic administrations to [From the Washington Times, Sept. 14, 1999] of energy. Mr. Schlesinger’s career has been assure the safety, reliability and effective- made even more influential in the Senate by ness of the nation’s nuclear deterrent. THE COMPANY YOU KEEP virtue of his service in both Republican and Now we are told by the Clinton team and (By Frank Gaffney Jr.) Democratic Cabinets. its allies that our arsenal will be able to con- Today has been designated by proponents Then there are the 50 or so senior security tinue to meet this exacting standard for the of the Comprehensive Test Ban Treaty policy practitioners who last week wrote Mr. indefinite future without conducting another (CTBT) to be the ‘‘CTBT Day of Action.’’ The Lott an open letter advising him that ‘‘the underground detonation. plan apparently is to use this occasion to nation must retain an arsenal comprising What is extraordinary is that the claim is flex the muscles of the unreconstructed anti- modern, safe and reliable nuclear weapons, being made by many of the same people who nuclear movement with phone calls bar- and the scientific and industrial base nec- regularly rail that the Pentagon is not doing raging the Capitol Hill switchboard, a dem- essary to ensure the availability of such enough to test its weapons systems to ensure onstration on the Capitol grounds, Senate weapons over the long term. In our profes- that they will perform as advertised. speeches and other agitation aimed at in- sional judgment, the zero-yield Comprehen- For example, such critics challenge the re- timidating Majority Leader Trend Lott and sive Test Ban Treaty is incompatible with alism of the two successful intercepts re- Foreign Relations Chairman Jesse Helms these requirements and, therefore, is incon- cently achieved by the Theater High Alti- into clearing the way for this treaty’s ratifi- sistent with America’s national security in- tude Area Defense missile defense system. cation. terests. Then there is the complaint that too much An insight into the strategy was offered Among the many distinguished signatories computer modeling and too little rigorous last Friday by Sen. Byron Dorgan, North Da- of this letter are: former U.N. Ambassador pre-production testing has been done to per- kota Democrat, who suggested in the col- Jeane Kirkpatrick; two of President Rea- mit further procurement of the Air Force’s loquy with Mr. Lott that he intended to tie gan’s National Security Advisers (Richard impressive next-generation fighter, the F–22. the Senate into knots if hearings and action Allen and William Clark); former Attorney So one might ask of CTBT proponents: on the CTBT’s resolution of ratification were General Edwin Meese; and 10 retired four- Which is it going to be? Can we settle for not promptly scheduled. The Majority leader star generals and admirals (including the computer modeling and simulations? Or is responded by indicating he had already former commandant of the Marine Corps, realistic testing essential if we are to trust spoke to Sen. Helms about scheduling such Gen. Louis Wilson). When these sorts of men our security and tax dollars to sophisticated hearings. He added portentously, however, and women challenge the zero-yield CTBT, weaponry? that ‘‘I cannot wait to hear how Jim Schles- as Mr. Schlesinger has done, on the grounds Their answer? It depends: As long as the inger describes the CTBT treaty. When he it will contribute to the steady erosion of CTBT remains unratified, the administration gets through damning it, they may not want our deterrent, will be impossible to verify position seems likely to remain that we can more hearings.’’ and will make no appreciable contribution to rely upon the current nuclear inventory, and Mr. Dorgan responded: ‘‘Mr. Schlesinger slowing proliferation, responsible senators simulations will assure their reliability. But will be standing in a mighty small crowd. cannot help but be concerned. simulations won’t allow us to develop new Most of the folks who are supporting this To be sure, the Clinton administration and weapons. treaty are the folks who Sen. Lott and I have its arms control allies have generated their Thus, it would be hard to modernize the in- the greatest respect for who have served this own letters offering ‘‘celebrity’’ endorse- ventory as strategic circumstances change.

VerDate Mar 15 2010 21:55 Nov 01, 2013 Jkt 081600 PO 00000 Frm 00063 Fmt 0624 Sfmt 0634 E:\1999SENATE\S12OC9.REC S12OC9 mmaher on DSKCGSP4G1 with SOCIALSECURITY S12392 CONGRESSIONAL RECORD — SENATE October 12, 1999 For instance, how could we know if a new, international community in general, and The argument for the test ban is that it deep-penetrating warhead will take out a specifically in the best interest of the United will prevent nuclear proliferation. If coun- hardened underground bunker if we can’t States.’’ tries cannot test nukes, they will not build test it? Translation: Unless my staff gives me a them because they won’t know if they work. Should the Senate give its advice and con- written text, I can’t begin to explain the Ratifying the CTBT is supposed to close the sent to this accord, however, that line seems logic of this arms control agreement, which testing option for would-be nuclear powers. sure to change. Then the CTBT’s proponents would make it permanently illegal to test We sign. They desist, How exactly does will revert to form, free to acknowledge the any U.S. nuclear weapons, even though we this work? obvious: The existing stockpile—comprised are going to rely upon such arms as the ulti- As a Washington Post editorial explains, increasingly obsolescing weapons—cannot be mate guarantor of our security for the fore- one of the ways to ‘‘induce would-be maintained without testing, either. So by seeable future. Still, the party line is that proliferators to get off the nuclear track’’ is their logic, the next move would be to just we support this treaty and I am going to do ‘‘if the nuclear powers showed themselves retire all the weapons. so, no matter what. ready to accept some increasing part of the Consider the October 1997 congressional The administration of President Bill Clin- discipline they are calling on non-nuclear testimony of then-Assistant Secretary of En- ton established in 1993, long before Shelton others to accept.’’ The power of example of ergy for Defense Programs Victor Reis: became Joint Chiefs chairman, that there the greatest nuclear country is expected to ‘‘Just about all the parts of our present nu- would be no further testing of U.S. nuclear induce other countries to follow suit. clear weapons) are going to have to be re- weapons, with or without a CTBT. History has not been kind to this argu- made.’’ No responsible scientists could prom- The general inherited a position adopted ment. The most dramatic counterexamples, ise, in the absence of explosive testing, that on his predecessor’s watch and with the of course, are rogue states such as North completely remanufactured thermonuclear latter’s support that would be politically Korea, Iraq and Iran. They don’t sign trea- devices will work as advertised. And no one costly at this late date to repudiate. The fact ties and, even when they do, they set out to will be arguing that point more vociferously remains, however, that the idea of trying to break them clandestinely from the first day. than the antinuclear activists who are push- ban all nuclear tests (the so-called zero-yield Moral suasion does not sway them. ing the CTBT. test ban) was opposed by the Joint Chiefs of More interesting is the case of friendly When challenged on this score, the White Staff, among other relevant U.S. government countries such as India and Pakistan. They House blithely asserts it is pursuing a $40 agencies, before Clinton decided to embrace are exactly the kind of countries whose nu- billion Stockpile Stewardship Program it. clear ambitions the American example of re- (SSP) to address such quality-control issues The reason the U.S. military counseled straint is supposed to mollify. down the road. against such an accord was elementary: It is Well, then. The United States has not ex- Unfortunately, this capability will mate- widely understood that a zero-yield treaty ploded a nuclear bomb either above or below rialize—if at all—a long way down the road. cannot be verified. Other countries can, and ground since 1992. In 1993, President Clinton It will take some 10 years to construct new must be expected to, exploit the inability of made it official by declaring a total morato- facilities to house the various exotic experi- U.S. national technical means and inter- rium on U.S. testing. Then last year, India mental diagnostic technologies that are sup- national seismic monitors to detect covert, and Pakistan went ahead and exploded a se- posed to provide the same confidence about low-yield underground tests. ries of nuclear bombs. So much for moral the performance of our nuclear stockpile as Since the United States would scru- suasion. Why did they do it? Because of this does nuclear testing. pulously adhere to a zero-yield ban, it would obvious, if inconvenient, truth: Nuclear Plus, no one knows for sure whether the be enjoined from conducting experimental weapons are the supreme military asset. Not SSP will actually pan out. Even before the detonations necessary to maintaining the that they necessarily will be used in warfare. CTBT is ratified, many of the treaty’s sup- safety and reliability of its nuclear deter- But their very possession transforms the porters are urging Congress to delete the bil- rent. geopolitical status of the possessor. The pos- lions being sought each year for Lawrence U.S. military leaders are not expected to sessor acquires not just aggressive power Livermore Laboratory’s National Ignition be experts on nuclear nonproliferation or but, even more important, a deterrent capac- Facility and its counterpart facilities at the arms control. The government hires lots of ity as well. other nuclear labs. other people to do those jobs. Unfortunately, Ask yourself: Would we have launched the Even if properly funded and brought on many of the policy-makers responsible for Persian Gulf War if Iraq had been bristling line as scheduled, though, it is unclear that those portfolios lack the integrity or com- with nukes? the simulations provided by these experi- mon sense one expects of men and women in This truth is easy for Americans to forget mental devices will be as accurate as under- uniform, hence their claims that the CTBT because we have so much conventional ground detonations. And, of course, a test will contribute to curbing the spread of nu- strength that our nuclear forces appear su- ban will preclude the one scientifically rig- clear weapons. perfluous, even vestigial. Lesser countries, orous way of proving the simulations’ accu- This is, of course, fatuous nonsense in a however, recognize the political and diplo- racy. world in which a number of countries have matic power conveyed by nuclear weapons. The bottom line is that U.S. national secu- acquired such weaponry without conducting They want the nuclear option. For good rity demands that we filed nothing but sys- known nuclear tests, and others seek to buy reason. And they will not forgo it because tematically and rigorously tested military proven nuclear devices or the necessary they are moved by the moral example of the systems, both conventional and nuclear. To know-how and equipment from willing sell- United States. Nations follow their interests, be sure, computer simulations can con- ers in Russia, China and Pakistan. not norms. Neither should the leadership of the Amer- tribute significantly to reducing the cost and Okay, say the test ban advocates. If not ican armed forces be seen as adjuncts to an the length of time it takes to develop and de- swayed by American example, they will be administration’s political operation. Rather, ploy such weapons. But we cannot afford to swayed by the penalties for breaking an what is expected from such leaders is their let any weapon—least of all the most impor- international norm. best professional military judgment, the un- tant ones in our arsenal, our nuclear deter- What penalties? China exploded test after varnished truth, no matter how politically rent—go untested and unproven. test until it had satisfied itself that its arse- incorrect or inconvenient it may be. nal was in good shape, then quit in 1996. The United States cannot afford to allow [From the Worldwide Weekly Defense News, India and Pakistan broke the norm on nu- its nuclear arsenal to continue to go untest- Sept. 27, 1999] clear testing and nonproliferation. North ed (it has already been seven years since the Korea openly flouted the Nuclear Non-Pro- TRUTH ABOUT NUCLEAR TESTING WOULD SINK last underground detonation occurred) any liferation Treaty. TEST BAN TREATY more than it could permit its national secu- Were any of these countries sanctioned? (By Frank Gaffney) rity to depend on untested conventional North Korea was actually rewarded with In the course of a Sept. 9 hearing before planes, tanks, missiles or ships. enormous diplomatic and financial induce- the U.S. Senate Armed Services Committee * * * * * ments—including billions of dollars in fuel called to consider the nomination of Gen. and food aid—to act nice. India and Pakistan Hugh Shelton to a second term as chairman [From the Washington Post, Sept. 10, 1999] got slapped on the wrist for a couple of of the Joint Chiefs of Staff, Sen. Carl Levin A TEST BAN THAT DISARMS US months. (D–Mich.) asked the general to explain why That’s it. Why? Because these countries the Comprehensive Test Ban Treaty (CTBT) When it comes to nuclear testing, nations are either too important (India) or too scary was in the national interest. will act in their perceived self-interest. (North Korea). Despite our pretensions, for He responded in a halting, almost tortured (By Charles Krauthammer) America too, interests trump norms. fashion, saying: ‘‘Sir, I think from the stand- Some debates just never go away. The Whether the United States signs a ban on point of the holding back on the develop- Clinton administration is back again press- nuclear testing will not affect the course of ment of the testing which leads to wanting a ing Congress for passage of the Comprehen- proliferation. But it will affect the nuclear better system, developing new capabilities, sive Test Ban Treaty (CTBT). This is part of status of the United States. which then leads you into arms sales or into a final-legacy push that includes a Middle In the absence of testing, the American nu- proliferation. Stopping that as early as we East peace for just-in-time delivery by Sep- clear arsenal, the most sophisticated on the can, I think, is in the best interest of the tember 2000. globe and thus the most in need of testing to

VerDate Mar 15 2010 21:55 Nov 01, 2013 Jkt 081600 PO 00000 Frm 00064 Fmt 0624 Sfmt 0634 E:\1999SENATE\S12OC9.REC S12OC9 mmaher on DSKCGSP4G1 with SOCIALSECURITY October 12, 1999 CONGRESSIONAL RECORD — SENATE S12393 ensure its safety and reliability, will degrade fied. The designation ‘‘superstition’’ fits be- cles may be ships, barges, trucks or Scud- over time. As its reliability declines, it be- cause the faith of believers in arms control is type missiles. The exact yield of the weapon comes unusable. For the United States, the more than impervious to evidence; their will not matter, and there will be no tight unintended effect of a test ban is gradual dis- faith is strengthened even by evidence that restrictions imposed by advanced delivery armament. actually refutes it. systems. Safety standards will not be a cru- Well, maybe not so unintended. For the Far from demonstrating the urgency of cial issue. more extreme advocates of the test ban, non- ratification, India’s and Pakistan’s tests CTBT proponents also contend that the proliferation is the ostensible argument, but demonstrate the CTBT’s irrelevance. India treaty will promote nonproliferation by cre- disarmament is the real objective. The Ban had not tested since 1974. Pakistan evidently ating an international norm against nuclear the Bomb and Nuclear Freeze movements had never tested. Yet both had sufficient weapons. But there is already a norm against have been discredited by history, but their stockpiles to perform multiple tests. So the additional nations acquiring nuclear weap- adherents have found a back door. A nuclear tests did not create new sabers, they were ons: the Nuclear Nonproliferation Treaty, test ban is that door. For them, the test ban the rattling of sabers known to have existed signed by every major country except India, is part of a larger movement: the war for years. Indeed, in 1990, when fighting in Israel and Pakistan. against weapons. It finds expression in such the disputed territory of Kashmir coincided The NPT norm against the pursuit of nu- touching and useless exercises as the land with Indian military exercises, the Bush ad- clear weapons, established when the treaty mine convention, the biological weapons ministration assumed that both Pakistan went into effect in 1970, has been broken re- convention, etc. and India had built weapons with their nu- peatedly, and not just by the three countries clear technologies and worried about a pos- that refused to sign it. The list of states that * * * * * sible nuclear exchange. have broken or are thought to have broken The nonproliferation treaty authorizes the norm includes Argentina, Brazil, Iran, [From the Washington Post, June 7, 1998] international inspections only at sites de- Iraq, North Korea, South Africa, South clared to be nuclear facilities. Nations have PAPER DEFENSE Korea and Taiwan. been known to fib. The CTBT sets such a (By George F. Will) It is true, as treaty proponents argue, that low-yield standard of what constitutes a test the CTBT will inhibit nuclear-weapons mod- In the meadow of the president’s mind, in of a nuclear device, that verification is im- ernization. But this is not a plus. It would the untended portion where foreign policy possible. keep the U.S. from modernizing its nuclear thoughts sprout randomly, this flower re- Various of the president’s policies, whether arsenal to make it as safe as possible. Al- cently bloomed concerning the Indian and shaped by corruption, in competence of na- ready there are new safety measures that Pakistani nuclear tests: ‘‘I cannot believe ivete, have enabled China to increase the could be incorporated into the American that we are about to start the 21st century lethality of its ICBMs. The president and his stockpile, making it less likely that weapons by having the Indian subcontinent repeat the party are committed to keeping America will explode accidentally—but the U.S. is not worst mistakes of the 20th century.’’ vulnerable to such weapons: 41 senators, all incorporating these new safety technologies What mistakes did he mean? Having nu- Democrats, have filibustered legislation because they would require low-yield nuclear clear weapons? Were it not for them, scores sponsored by Sens. Thad Cochran (R-Miss.) testing. of thousands of Americans would have died and Daniel Inouye (D-Hawaii) declaring it Modernization is also needed to make U.S. in 1945 ending the fighting in the Pacific. U.S. policy ‘‘to deploy effective anti-missile weapons more effective against the ever- And nuclear weapons were indispensable in- defenses of the territory of the United States evolving countermeasures by opponents. We gredients of the containment of the Soviet as soon as technologically possible.’’ know that deeply buried targets are a new Instead, the administration would defend Union and its enormous conventional forces. problem, as are biological weapons. America the nation with parchment—gestures like Perhaps the president meant that arms may need to tailor its arsenal to a totally the CTBT, which is a distillation of liberal- competitions were the ‘‘mistakes.’’ But that different type of targets in the future, which ism’s foreign policy of let’s pretend. Let’s thought does not rise to the level of adult would require nuclear testing. pretend that if we forever forswear tests, commentary on the real historical contin- While the treaty would inhibit U.S. mod- other nations’ admiration will move them to gencies and choices of nations. ernization, it would not affect those that emulation. Diagnostic tests are indispen- This president’s utterances on foreign pol- choose to cheat. It would be easy for Russia, sable for maintaining the safety and reli- icy often are audible chaff, and not even his China, and others to conduct nuclear tests ability of the aging U.S. deterrent inventory. glandular activities are as embarrassing as without being detected. This is because the So the CTBT is a recipe for slow-motion his sub-sophomoric pronouncement to India CTBT is not even minimally verifiable. and Pakistan that ‘‘two wrongs don’t make a denuclearization. But let’s pretend that if we Effective verification entails having high right.’’ That bromide was offered to nations become weaker, other nations will not want confidence that militarily significant cheat- weighing what they consider questions of na- to become stronger. ing will be detected in a timely manner. In Seeking a safer world by means of a weak- tional life and death. the case of the CTBT, we need to know the er America and seeking to make America U.S. policy regarding such tests has been answers to two questions: What yield nuclear safe behind the parchment walls of arms con- put on automatic pilot by Congress’s itch to test can provide militarily significant infor- trol agreements, is to start the 21st century micromanage and to mandate cathartic ges- mation? Can the CTBT verification system by repeating the worst fallacies of the 20th tures, so the United States will now detect to that level? century. evenhandedly punish with economic sanc- Five hundred tons of yield is a very useful tions India for its provocation and Pakistan [From the Wall Street Journal, Oct. 12, 1999] testing level, although not sufficient to gain for responding to it. Because India is strong- . . . WOULD BE EVEN WORSE IF IT SUCCEEDED full confidence in all aspects of an existing er economically, the sanctions will be dis- (By Kathleen Bailey) weapon’s performance or to develop sophisti- proportionately injurious to Pakistan. It appears the Senate will either vote down cated new nuclear weapons. The latter goals India has an enormous advantage over the Comprehensive Test Ban Treaty or post- could be achieved for most designs with tests Pakistan in conventional military forces. (It pone a vote indefinitely. The treaty’s sup- at yields between one and 10 kilotons. Tests has the world’s fourth largest military estab- porters, led by President Clinton, argue that at levels as low as 500 tons may be militarily lishment, although China’s army is three the CTBT is necessary to constrain nations significant. times larger than India’s.) That is one reason that seek to acquire a workable nuclear The International Monitoring System of Pakistan believes it needs nuclear weapons. weapons design. But the treaty would accom- the CTBT is expected to provide the ability Economic sanctions will further weaken plish none of its proponents’ nonprolifera- to detect, locate and identify non evasive nu- Pakistan’s ability to rely on non-nuclear tion goals. It would, however, seriously de- clear testing of one kiloton or greater. But means of defense. grade the U.S. nuclear deterrent. most cheaters are likely to be evasive. By This should be a moment for Republicans No treaty can stop a nation from designing taking some relatively simple measures, to reassert their interest in national secu- and building a simple nuclear weapon with they could test several kilotons with little rity issues, one of the few areas in which the confidence that it will work. To do so doesn’t risks of detection. One method by which public still regards them as more reassuring require testing. One of the U.S. bombs they may do so is through energy decou- than Democrats. But the Republican who dropped on Japan in 1945 was of a design that pling—detonation of the device under- could be particularly exemplary, isn’t. Ari- had never been tested, and South Africa ground—that can reduce the seismic signal zona Sen. John McCain says the first thing built six nuclear weapons without testing. by as much as a factor of 70. Thus, a fully de- to do is impose ‘‘sanctions which hurt’’ and By contrast, the U.S. today needs to test coupled one-kiloton explosion would look the second is ‘‘to get agreements that they its nuclear weapons because they are more seismically like at 14-ton explosion, or a 10- will not test again.’’ complex. They are designed to make pin- kiloton explosion like a 140-ton one. So, automatic sanctions having failed to point strikes against small targets such as On-site inspection will not solve the deter either nation, Washington’s attention silos. This dictates high-performance deliv- verification problem. Even if we knew that a turns, robotically, to an even more futile rit- ery systems, which, in turn, requires tight test would conducted, we almost certainly ual—the superstition of arms control, spe- parameters on the allowable weight, size, would not know exactly where it took place. cifically the Comprehensive Test Ban Trea- shape, safety measures and yield. Without knowing the precise location, the ty, which the United States signed in 1996, Today’s would-be proliferators are likely search area would be too large for a mean- but which the Senate has prudently not rati- to target cities, not silos. The delivery vehi- ingful inspection.

VerDate Mar 15 2010 21:55 Nov 01, 2013 Jkt 081600 PO 00000 Frm 00065 Fmt 0624 Sfmt 0634 E:\1999SENATE\S12OC9.REC S12OC9 mmaher on DSKCGSP4G1 with SOCIALSECURITY S12394 CONGRESSIONAL RECORD — SENATE October 12, 1999 If the Senate ratified the CTBT, it’s cer- The exceedingly sophisticated nuclear weap- than 34 senators have figured out that, were tain that the U.S. would comply with it, ons in the U.S. arsenal cannot prudently be it to be ratified, the CTBT would set the foreclosing America’s ability to modernize kept ‘‘on the shelf’’ indefinitely. The current United States on the slippery slope to unilat- its nuclear forces. But other nations have a average age of these weapons is 14 years; eral nuclear disarmament. Whenever the history of noncompliance with arms-control they were only designed to be in service for votes are finally tallied on this accord, will treaties. Thus the limited political benefits 20. And none were planned or manufactured the ‘‘nays’’ include any of the Senate’s self- of the CTBT are not worth the high cost to to remain viable in a no-test environment. described New Democrats—whose partisans America’s national security. Indeed, experience suggests that problems brought Clinton and Al Gore to power on a with the nuclear deterrent probably exist al- platform that prominently featured a more [From The New Republic, October 25, 1999] ready, going undetected ever since Congress tough-minded approach to national security THE FLAWED TEST BAN TREATY—POOR PACT voted to adopt a testing cutoff in 1992. On his and defense issues? last day in office, President Bush formally (By Frank J. Gaffney Jr.) appealed for relief from this legislation, [From the Washington Times, Oct. 12, 1999] If current vote-counts prove accurate and warning that ‘‘the requirement to maintain TIME FOR A CTBT VOTE no last-minute postponement is agreed to, and improve the safety of our nuclear stock- (By Frank Gaffney, Jr.) the Senate will not provide the two-thirds pile and to evaluate and maintain the reli- support necessary to ratify the Comprehen- In 23 years of working on nuclear weapons ability of the U.S. forces necessitates contin- policy and related arms control matters, I sive Test Ban Treaty (CTBT). Although the ued nuclear testing for those purposes, albeit Clinton administration acts as if this would have never seen anything like what hap- at a modest level, for the foreseeable fu- pened last Thursday. That was the day Sen. be disastrous for the struggle against nu- ture.’’ Although President Clinton tends to clear proliferation, defeat of the CTBT would Richard Lugar, Indiana Republican, released dissemble on this point, every administra- a six-page press release detailing the myriad actually be a victory for American national tion until his recognized that periodic under- security. and compelling reasons that would cause ground testing—at least at low levels of ex- him to vote against the Comprehensive Test As the administration has implicitly con- plosive ‘‘yield’’—was necessary to detect and ceded by sending Energy Secretary Bill Ban Treaty (CTBT). fix problems that unexpectedly, but chron- What makes this development so extraor- Richardson on a last-minute trip to Russia ically, appear even in relatively new weap- dinary, of course, is that Dick Lugar has an to negotiate better verification procedures, ons. Hence, no other president since World unparalleled reputation in Washington for many senators harbor deep concerns about War II was prepared to accept the sort of per- his commitment to arms control in par- the treaty’s verifiability. They are right to manent, zero-yield ban Clinton has em- ticular and his willingness more generally to do so. U.S. intelligence suspects (but cannot braced. rise above politics in the interest of lending prove) that both the Russians and the Chi- Moreover, the older the weapon, the more bipartisan heft to foreign policy initiatives nese have conducted covert nuclear tests in problematic it becomes to certify its safety he believes to be in the national interest. recent months. In fact, it is impossible to and reliability through computer simula- With apologies to the Smith Barney verify a total, or ‘‘zero-yield,’’ ban on all nu- tions alone. As complex nuclear arms age, marketeers, when Mr. Lugar speaks on trea- clear testing, since foreign monitors cannot their exotic metals, chemicals, and highly ties, people listen. reliably differentiate covert low-yield explo- radioactive materials undergo changes that Rarely has it been more important that his sions from earthquakes or conventional ex- are exceedingly difficult to predict and Senate colleagues do so. Indeed, the Indiana plosions. model via computer methods. At a min- senator has offered a critique of the CTBT This would be true even if the sort of imum, if such weapons are to be retained for that should be required reading for anyone worldwide seismic monitoring system to be the foreseeable future, they must be updated. being asked to vote on this treaty. He sum- established under the CTBT (thanks largely As then-Assistant Secretary of Energy for marizes the reasons why he will vote against to the administration’s decision to put U.S. Defense Programs Victor Reis told Congress this treaty as follows: intelligence assets at the service of a multi- in October 1997, ‘‘Just about all the parts [of The goal of the Comprehensive Test Ban lateral organization) were in place. For po- the current arsenal’s weapons] are going to Treaty is to ban all nuclear explosions litical, if not technical, reasons, the data have to be remade.’’ worldwide: I do not believe it can succeed. I compiled by the ‘‘international community’’ There are serious challenges to such a have little confidence that the verification will probably be even less conducive to a wholesale refurbishing program that even and enforcement provisions will dissuade finding of noncompliance than the iffy infor- new experimental devices such as those other nations from nuclear testing. Further- mation the United States often gets on its being developed under the administration’s more, I am concerned about our country’s own. more than $45 billion Stockpile Stewardship ability to maintain the integrity and safety Treaty proponents point to the CTBT’s Program will not be able to address with cer- of our own nuclear arsenal under the condi- provision for on-site inspections. Such in- tainty, at least not for the next decade or so. tions of the treaty. spections are far from automatic and can be First, the production lines for building the The impact of so withering an assess- stymied by U.N. Security Council members stockpile’s existing bombs and warheads ment—backed up by pages of painstaking determined to block them. If nations exploit were dismantled long ago. Reconstituting analysis—was evident on Sunday as syn- well-understood techniques for muffling the them would require a lot of time and money. dicated columnist George Will accomplished seismic shocks that such events precipitate And, even if the original designs could be the intellectual equivalent of rope-a-dope in (‘‘decoupling’’), they can increase the yield faithfully replicated, one could never be cer- an interview with Secretary of State Mad- of their tests without getting caught—as the tain they would work according to their eleine Albright on ABC News’ ‘‘This Week’’ United States proved in its own 1960 experi- specifications without realistic, explosive program. Mrs. Albright was reduced to sput- ment. testing to validate the product. tering as Mr. Will read from one section of Even if the CTBT were fully verifiable, it Second, it is impossible to replicate some Sen. Lugar’s indictment after another, un- would be irrelevant to the proliferation of of the ingredients in weapons designed two able either to challenge the authority of the nuclear weapons. Explosive testing is simply decades ago or earlier; key components have indicter or effectively to rebut his damning no longer the sine qua non of a nuclear de- become technologically obsolete, and no one conclusions. velopment and acquisition program. From would recommend using them when smaller, Instead, she worked rather tendentiously Israel to North Korea, countries have ac- lighter, cheaper, and more reliable materials and unconvincingly through her talking quired atomic devices without conducting and equipment are now readily available. In points about how Senate opposition to the identified nuclear tests. (Pakistan and India addition, federal safety and health guidelines CTBT signals that ‘‘We are not as serious conducted their recent tests for political, not now prohibit the use of some of the compo- about controlling nuclear weapons as we technological, reasons, and the tests took nents utilized in the original designs. should be.’’ Nonsense. To the contrary, the place years after each of them had gotten Third, most of those who were involved in opposition to this treaty can be justified as the bomb.) Even Clinton’s CTBT point man, designing and proving these weapons have much on its adverse impact on ‘‘serious’’ ef- National Security Council staffer Steve left the industrial and laboratory complex, forts to control nuclear weapons as on the Andreason, has publicly stated that this taking with them irreplaceable corporate fact it will undermine the U.S. nuclear deter- treaty will not prevent countries from ob- memory. With continuing nuclear testing, rent. As Sen. Lugar put it: taining ‘‘simple’’ weapons—which can be all all these problems could presumably be over- ‘‘I do not believe that the CTBT is of the too useful for terrorism and blackmail. come. Without such testing, the United same caliber as the arms control treaties While the CTBT will not have the benefits States will be able neither to modernize its that have come before the Senate in recent the administration claims, it will cost the nuclear arsenal to meet future deterrent re- decades. Its usefulness to the goal of non- United States dearly by making it impos- quirements nor to retain the high confidence proliferation is highly questionable. Its like- sible to maintain the U.S. nuclear deterrent it requires in the older weapons upon which ly ineffectuality will risk undermining sup- over time. That will be the practical and ine- it would then have to rely for the foreseeable port [for] and confidence in the concept of luctable effect of denying those responsible future. multilateral arms control. Even as a sym- for ensuring the safety, reliability, and effec- It is precisely for these reasons that the bolic statement of our desire for a safer tiveness of this deterrent the tool that they CTBT has been, to use Clinton’s phrase, the world, it is problematic because it would ex- have relied upon for the vast majority of the ‘‘longest-sought, hardest-fought’’ goal of the acerbate risks and uncertainties related to past 55 years: realistic, explosive testing. anti-nuclear movement. Fortunately, more the safety of our nuclear stockpile.’’

VerDate Mar 15 2010 21:55 Nov 01, 2013 Jkt 081600 PO 00000 Frm 00066 Fmt 0624 Sfmt 0634 E:\1999SENATE\S12OC9.REC S12OC9 mmaher on DSKCGSP4G1 with SOCIALSECURITY October 12, 1999 CONGRESSIONAL RECORD — SENATE S12395 In short, by making it clear the Com- verage of U.S. diplomats in the future and that they violated it. We got lucky. prehensive Test Ban Treaty is incompatible assure that the arms control and other trea- That is the bottom line. As to the vio- with U.S. national security requirements ties they negotiate more closely conform to lations that President Reagan said and bad for arms control, Richard Lugar has American security interests. Mr. Lugar put trust but verify, in this particular case, delivered the kiss-of-death to the CTBT. it very well in his formidable press release of Without his support, it is inconceivable that last Thursday: I am not prepared to trust the North a two-thirds majority could be found in the ‘‘While affirming our desire for inter- Koreans or the Libyans or the Iranians Senate to permit ratification of this accord. national peace and stability, the U.S. Senate or the Iraqis or the Red Chinese, No. 1; The question that occurs now is: Since the is charged with the constitutional responsi- and, No. 2, we cannot verify anything CTBT is so fatally flawed and so injurious, bility of making hard judgments about the they are doing. That has been testified will the Senate’s Republican majority agree likely outcomes of treaties. This requires to over and over and over again. to let it continue to bind the United States that we examine the treaties in close detail for the foreseeable future? That would be the and calculate the consequences of ratifica- I rise in very strong opposition to practical effect of exercising the option a tion for the present and the future. Viewed this Comprehensive Test Ban Treaty number of GOP senators (including, it must in this context, I cannot support the and, in doing so, know full well that we be noted, Mr. Lugar) hope President Clinton [CTBT’s] ratification.’’ have one of the greatest communica- will allow them to exercise—unscheduling The PRESIDING OFFICER. The Sen- tors and spinners in American history the vote this week and deferring further Sen- ator from New Hampshire is recog- in the White House. The idea will be ate action on the Comprehensive Test Ban that this will become a political debate until after the 2000 elections, at the earliest. nized. Under international law, that would mean PRIVILEGE OF THE FLOOR in that how could anyone not be in only one thing: Until such time as our gov- Mr. SMITH of New Hampshire. favor of or how could anybody be op- ernment makes it clear the CTBT will not be Madam President, I ask unanimous posed to a comprehensive test ban ratified, the United States will be obligated consent that Cline Crosier on my staff where we would ban the testing of nu- to take no action that would defeat the ‘‘ob- be granted the privilege of the floor for clear weapons. That is the way it will ject and purpose’’ of the CTBT. This would be spun. mean not only no resumption of testing. the remainder of the debate on this Under the Clinton administration, there will issue. The answer is very simple. Because if certainly be no preparations to conduct ex- The PRESIDING OFFICER. Without you can’t verify what the other side is plosive tests either—or even actions to stop objection, it is so ordered. doing, then you are at a disadvantage the steady, lethal erosion of the nation’s Mr. SMITH of New Hampshire. because we have the superiority of the technical and human capabilities needed to Madam President, it was interesting to arsenal. So if we don’t verify that they do so. hear my colleague from Delaware. He are not testing, and we don’t keep our If national security considerations alone is correct. I remember those signs, stockpile up to speed because of that, were not sufficiently compelling to prompt the Senate leadership to stay the course and ‘‘One hydrogen bomb could ruin your and we don’t know it is reliable and defeat the treaty, the conduct of the presi- day.’’ I think the reason we are here they do, then we are gradually losing dent and his surrogates should be sufficient today is a second hydrogen bomb that that advantage. That is the issue. inducement. After all, administration ruined their day. I think we need to In spite of all the spin we will hear spokesmen are using every available plat- make sure they understand we have over the next day or two after this form to denounce Republicans for playing the capability to respond in kind with treaty is voted on, that is the crux of ‘‘political’’ games with this treaty. (Never weapons that will work. I think that is the issue. Let us separate the spin. Let mind that the president and every one of his really the subject of the debate. us take the politics out of this. Let us allies on CTBT in the Senate had a chance to It takes a very confident person to reject the time-agreement that scheduled take the spin out of it and go right to the vote. As long as they thought their side criticize Edward Teller a little bit. the heart of it. We can’t verify what would prevail, the 14 hours of debate were Mr. BIDEN. Madam President, if the they do, and if our stockpile is not reli- considered to be sufficient; only when more Senator will yield, not on his scientific able because we don’t test, they gain accurate, and ominous, tallies were taken assessments, on his political judgment. on us. Mr. SMITH of New Hampshire. Right. did the proponents begin to whine there was The other point is, some of these na- too little time for hearings and floor delib- The Senator from Delaware also said tions, such as North Korea, might de- eration.) that if you can’t verify the reliability cide to test it on us and think nothing Moreover, in refusing to date to commit or certify the reliability, you can al- of it. Does anybody feel confident that not to push for a vote in an even more politi- ways get out of the treaty. That is cally charged environment next year, the the Iranians or the Iraqis would feel true. But my concern is, will it be too CTBT’s champions are behaving in a manner they had to test a nuclear weapon be- late to catch up at that point? How that can only encourage GOP speculation fore they tried it on us? I don’t feel much time will have elapsed? that the president and his partisans have that confident. I certainly don’t think every intention of using whatever deferral I wonder sometimes how the results they are granted to campaign against the of the cold war might have come out many in America do either. This treaty Republican majority—with the hope not only had we yielded to all of the arms con- is wrong for our nuclear weapons pro- of changing minds, but changing senators trol pressures and adopted every arms gram. It is wrong for America. It is and even control of the Senate in the upcom- control agreement exactly as it was wrong for the international commu- ing election. nity. It cannot be verified. It does not With Dick Lugar arguing that the zero- pushed upon us, not only in the Senate but also in the House over the years. I help us in maintaining our own stock- yield, permanent Comprehensive Test Ban pile. Treaty must be defeated, Senate Republicans look at arms control agreements in the can safely do what is right without fear of 1960s and 1970s and 1980s. In spite of the Time after time the past several serious domestic political repercussions. fact we had a full-scale Soviet expan- weeks, I have heard members of the ad- And, while there will be much bellyaching sion throughout the world and full- ministration try to spin this issue and around the world if the CTBT is rejected by scale nuclear buildup and absolutely no claim that every President since Eisen- the U.S. Senate, the real, lasting impact will verification for the most part and hower has sought a comprehensive test not be to precipitate nuclear proliferation; it ban. Basically, that is an attempt to is happening now and will intensify no mat- cheating year after year, time after time we still pushed hard for these hide the truth, to fool the American ter what happens on this treaty. Neither will people into thinking this treaty would it be to inflict mortal harm or ‘‘embarrass- arms control agreements. ment’’ on the presidency. No one could do Mr. BIDEN. Will the Senator yield have had unanimous support from all more to demean that office than the incum- for 30 seconds for me to respond? We of those Presidents. It wouldn’t have bent. did pass the ABM Treaty, SALT I trea- had the unanimous support of those Rather, the most important—and alto- ty, the START I treaty, the INF Trea- Presidents. To make those of us who gether desirable—effect will be to re-estab- ty, the CFE Treaty, and we did it dur- oppose this treaty look as if we are lish the U.S. Senate as the Framers of the ing the cold war. standing out on the fringes is simply Constitution intended it to be: a co-equal wrong. Yet that is the way it is re- with the president in the making of inter- Mr. SMITH of New Hampshire. And national treaties; a quality-control agent the Soviets violated every one of them. ported. That is the way it is written. pursuant to the sacred principles of checks- Mr. BIDEN. They seem to work. That is the way it will be spun tonight, and-balances on executive authority, one Mr. SMITH of New Hampshire. They tomorrow, and the next day by mem- that if exercised stands to strengthen the le- work if you want to accept the fact bers of the administration as they

VerDate Mar 15 2010 21:55 Nov 01, 2013 Jkt 081600 PO 00000 Frm 00067 Fmt 0624 Sfmt 0634 E:\1999SENATE\S12OC9.REC S12OC9 mmaher on DSKCGSP4G1 with SOCIALSECURITY S12396 CONGRESSIONAL RECORD — SENATE October 12, 1999 move out on to the talk shows—at tax- on the 50th anniversary of the Chair- be held accountable; we are here to payers’ expense, I might add—and criti- men of the Joint Chiefs of Staff, in Au- vote. That is why we are here. If we cize those of us in the Senate who in gust, 1999—not too many months ago— disagree, we can vote against it. If we good conscience vote against this trea- ‘‘I ask the Senate to vote for ratifica- agree, we can vote for it. ty. tion as soon as possible.’’ That was 2 My objection to this treaty is not What they haven’t told the American months ago. He asked the Senate, ‘‘to based on partisan politics; it is based people about these Presidents is that give its advice and consent to the Com- on careful, thoughtful study of the not one single President—not Eisen- prehensive Test Ban Treaty this year.’’ treaty and its implications both here hower, not Kennedy, Johnson, Nixon, The problem with the President is, he in the United States and around the Carter, no one, not Reagan—no one wants us to give consent, but he world. I believe the world will be more until Bill Clinton ever proposed a test doesn’t like our advice. That is the unstable—contrary to the feelings of ban of zero yield and unlimited dura- problem. The Constitution requires my colleague from Delaware—not a tion—zero yield, unlimited duration. both advice and consent. This Presi- more stable place, and America’s nu- In the past few days, the spin ma- dent needs to learn that the Senate is clear deterrent capability will become chines have been working overtime here to advise, and if you want the con- more unreliable than at any time in telling the American people this issue sent, then you need to advise and dis- the history of America if this treaty is far too critical to national security cuss. That is part of the process. It is were to be ratified. for the Senate to make such a rash de- part of the process in treaties, and it is There are three points that would cision on its ratification. The adminis- part of the process in judicial nomina- support that argument: tration now wants to pull the treaty, tions, and it is part of the process in One, the Comprehensive Test Ban saying we haven’t had enough time to other appointments in his administra- Treaty is not verifiable. study it. For up until a week or two tion. After 7 years, almost, he still Two, the Comprehensive Test Ban ago, they were pushing us for a vote on hasn’t learned that. Treaty will not stop proliferation. it. In his State of the Union, in 1998, Three—and perhaps most impor- My colleague from Delaware men- President Clinton said, ‘‘Approve the tant—the Comprehensive Test Ban tioned the coup in Pakistan, did that Comprehensive Test Ban Treaty this Treaty puts our nuclear arsenal at bother me. No, frankly. I don’t think it year.’’ That was last year. The Vice risk. has a heck of a lot to do with this deci- President, Mr. GORE, said, ‘‘The U.S. My job as chairman of the Strategic sion. I don’t like to see coups any- Congress should act now to ratify the Subcommittee is to oversee that arse- where. They contribute to the insta- Comprehensive Test Ban Treaty.’’ That nal. I have been out to the labs, and I bility in the world. But it has nothing now was July 23, 1998. have had 5 or 6 years of hearings on to do, in my view, with the issue before Now, because the votes are going these issues. Others will discuss the us. against him, he is now saying we need first two points in more depth than I I would like to remind my colleagues, more time, don’t vote now. It is just will, and some have already. Let me this treaty was signed by President spin at its best, and he is good at it; focus on the third concern, which is Bill Clinton in 1996 and transmitted to there is no question about it. That was that the Comprehensive Test Ban Trea- the Senate in 1997. Over 2 years, we pure partisan politics because when the ty is not verifiable. have had this treaty before us. One of majority leader finally consented and Last week, we saw reports in the the problems I have in the Senate is offered to bring the treaty to the floor, media that the CIA admitted they were that it doesn’t matter how much time it was objected to. Let’s remind the unable to verify key tests that may you spend on something or how long American people of that. You can bet even be taking place today. We can’t something is before this body; the only the President is not going to remind base our national security on an abil- time we try to get really involved in it them of that. This treaty was objected ity —which arguably may not exist—to is when we are about to vote on some- to when the majority leader asked to detect an adversary’s covert activity, thing. Then those who haven’t done bring it to the floor. Then he offered a and that the Comprehensive Test Ban their homework want to come out here second time to bring the treaty to the Treaty will not stop proliferation. We and say we need more time. floor and this body agreed by unani- already have a treaty in place to do We have had plenty of time. I have mous consent to a debate and a vote. that, the Non-Proliferation Treaty. had 5 years of hearings on this issue. I Let me say again: Unanimously, we This treaty has been violated repeat- chaired them myself and have listened agreed to a debate and a vote. edly, over and over, year after year, by to people testify for the past 5 years on The minority party had ample oppor- rogue nations that don’t respect inter- this issue. I remind my colleagues, just tunity at that time to object on the national law. a few months ago the minority threat- grounds that we haven’t had enough Do you think, with this kind of trea- ened to hold up every single piece of time to study the treaty. Why didn’t ty, that every nation is going to have legislation that came to the Senate they say so then? Because the answer this great respect for international law floor until we agreed to have a vote on is, that is not the issue. We have had and they are going to allow us total ac- the test ban treaty. Now they are criti- plenty of time to study the treaty. ‘‘We cess to their country to verify this? cizing us because we are having one. It haven’t had enough time to have hear- When are we ever going to learn? Some was President Clinton and the minor- ings,’’ they said. The minority leader have mentioned how futile the treaty ity who demanded the treaty be objected. Once the President sensed he would be in asking rogue nations not brought before the Senate; it was was going to lose the vote, the spin ma- to test the same nuclear weapons they President Clinton and the minority chine began and he tried to figure out promised not to develop in the first who urged consideration; and it was a way not to vote on what the Presi- place under the Non-Proliferation President Clinton and the minority dent urged us so desperately to sched- Treaty. And it is false hope that our who scolded the majority for failing to ule in the first place—to avoid the vote adversaries will abide by international act on this issue. That was 2, 3 weeks he asked us to have. law if we just promise to do this trea- ago. I agreed with the President then that ty. So when things go sour on the Presi- this treaty deserved consideration by As I mentioned, the safety and reli- dent, he has a unique way—and a very the Senate. I wish we had more chance ability of the nuclear arsenal is my good way, frankly—of twisting things to advise, but he didn’t choose that. So most serious concern. Rather than re- around to his benefit. We found that he asked for our consent. As it turns lying solely on the good intentions of out here on the floor in a very impor- out, we are not going to give it to him. other countries—and they may be good tant impeachment vote a few months That is our constitutional right. It or they may not be—or on our ability ago. The President has been demanding should not be spun and changed. It to detect violations by other countries, a vote on this treaty for 2 years. Now should be truthfully debated. We are my concern is ensuring that we remain he has it. But now it is our fault be- all accountable. Some have said they capable of providing the safeguard and cause he is not going to get the vote he don’t want to vote on this treaty. I am nuclear deterrent that won the cold wants. The President said in remarks not one of those people. We are here to war. That is what won the cold war—

VerDate Mar 15 2010 21:55 Nov 01, 2013 Jkt 081600 PO 00000 Frm 00068 Fmt 0624 Sfmt 0634 E:\1999SENATE\S12OC9.REC S12OC9 mmaher on DSKCGSP4G1 with SOCIALSECURITY October 12, 1999 CONGRESSIONAL RECORD — SENATE S12397 the fact that other nations knew what ruary Senator LANDRIEU and I traveled The stockpile stewardship program is an would happen. They knew what would to Lawrence Livermore Lab for a field excellent bet—but it’s not a sure thing. happen if they messed with us; we had hearing and a very productive set of Dr. Paul Robinson, director of Los the arsenal. tours and briefings. Alamos National Laboratory, which is The linchpin of this treaty, as I see Based on my experience—based on responsible for the engineering of more it, is whether or not you believe the what I’ve seen, I don’t have the con- than 90 percent of the component parts United States can maintain a safe, fidence that the Stockpile Stewardship of all U.S. nuclear warheads, provided credible, and reliable nuclear arsenal, Program can sufficiently guarantee the an even more ominous testimony. given a zero-yield ban in perpetuity. safety and reliability of our nuclear There is no question from a technical point The Stockpile Stewardship Program is weapons arsenal—forever—without any of view, actual testing of designs to confirm really at the heart of this matter. If testing of any kind. their performance is the desired regimen for you think that we can have a reliable But don’t just take my word for it— any high-technology device. nuclear arsenal, with a zero-yield ban, after all I’m not a physicist—I’m not a For a device as highly consequential as a nuclear lab director. To settle the nuclear weapon, testing of the complete sys- in perpetuity, you should be for this tem both when it is first developed and peri- treaty. Even the Secretary of Defense, question about whether this Stockpile Stewardship Program can guarantee odically throughout its lifetime to ensure William Cohen, has illustrated this that aging effects do not invalidate its per- point. This was 2 days ago. I want this the safety and reliability of our nu- formance, is also the preferred methodology. to be listened to carefully. During tes- clear weapons, we must turn to those I could not offer a proof, nor can anyone, timony before the Armed Services lab directors, the men directly respon- that such an alternative means of certifying Committee. sible for administering, executing, and the adequacy of the U.S. stockpile will be overseeing the Stockpile Program. successful. I believe then as I do now that it Senator SNOWE. Would you support ratifi- Those three gentlemen testified be- may be possible to develop the stockpile cation of this treaty without the Stockpile stewardship approach as a substitute for nu- Stewardship Program? fore the Armed Services Committee clear testing for keeping previously tested Secretary COHEN. No. just last week, and I think it is abso- nuclear weapon designs safe and reliable. Senator SNOWE. No? So then, obviously, lutely critical to share that testimony However, this undertaking is an enormous you are placing a great deal of confidence in with my colleagues as we debate this challenge which no one should underesti- this program. treaty. mate, and will carry a higher level of risk Secretary COHEN. I oppose a unilateral Dr. John Browne, Director of Los Al- than at any time in the past. moratorium, without some method of testing amos National Laboratory, had this to The difficulty we face is that we cannot for the safety and security and reliability of say about the condition and reliability today guarantee that stockpile stewardship our nuclear force. The question right now is, of the Stockpile Stewardship Program: will be ultimately successful; nor can we does the Stockpile Stewardship Program guarantee that it will be possible to prove give us that assurance? If there is doubt Maintaining the safety and reliability of that it is successful. about it, then, obviously, you would say we our nuclear weapons without nuclear testing Confidence in the reliability and safety of cannot rely upon it and we should go back to is an unprecedented technical challenge. The Stockpile Stewardship Program is the U.S. nuclear weapons stockpile will even- testing. working successfully toward this goal, but it tually decline without nuclear testing. Let me repeat that last line: is a work in progress. The stockpile stewardship program— If there is doubt about it, then, obviously, There are simply too many processes in a though essential for continual certification you would say we cannot rely upon it and we nuclear explosion involving too much phys- of the stockpile—does not provide a guar- should go back to testing. ics detail to perform a complete calculation. antee of perpetual certifiability. Well, that is a critical point. Which At present, with the most powerful super- I have always said actual testing is pre- computers on Earth, we know that we are ferred method—to do otherwise is acceptable of us would knowingly ratify a treaty not doing calculations with sufficient accu- risk. that was advertised to put the safety, racy and with sufficient detail to provide I cannot ensure the program will mature in reliability, and credibility of the maximum confidence in the stockpile. time to ensure safety and reliability of our United States nuclear deterrent stock- We know that we do not adequately under- nuclear weapons stockpile in the future. pile at risk and place the lives of the stand instabilities that occur during the im- I have always felt if you are betting your American people at risk? None of us plosion process and we are concerned about country—you better be conservative. would do that. Certainly not us, not the aging of high explosives and plutonium I find this testimony absolutely that could necessitate remanufacture of the the Secretary, not anybody. But that is stockpile. chilling. I am not willing to ‘‘Bet my the linchpin. If you believe in the We do not know the details of how this country’’ on the stockpile stewardship Stockpile Stewardship Program, a se- complex, artificially produced metal (pluto- program. America’s lab directors who ries of computer simulations and laser nium) ages, including whether pits fail are directly responsible for the execu- experiments—that is what the program gradually, giving us time to replace them tion of the stockpile stewardship pro- is, that we don’t need to test, and that with newly manufactured ones, or whether gram testified before Congress that we do these computer tests and laser they fail catastrophically in a short time in- this program cannot guarantee the fu- terval that would render many of our weap- ture security or stability or our nu- experiments—if you think that can suf- ons unreliable at once. ficiently guarantee the safety and reli- It is important to note that even with a clear weapons. I am not willing to ac- ability of our nuclear weapons pro- complete set of tools we will not be able to cept any risk. I will not risk the lies of gram, without testing of any kind for- confirm all aspects of weapons safety and the American people on a program ever—forever—then you should vote for performance. Nuclear explosions produce who’s director—empowered by the the treaty because that is what this is pressures and temperatures that cannot be President with the responsibility for about. As the Senator from Delaware duplicated in any current or anticipated lab- running that program—are so very un- said, you can get out of the treaty, but oratory facility. Some processes simply can- certain about its reliability. not be experimentally studied on a small if you don’t like what is going on, then scale because they depend on the specific On the basis of the expert testimony it is too late. configuration of material at the time of the of these three lab Directors alone, if If, however, you do not believe that explosion. any Senators had any doubt about how the Stockpile Stewardship Program On the basis of our experience in the last 4 they would vote on this treaty—it can sufficiently guarantee the safety years, we continue to be optimistic that we should now be gone! and reliability of our nuclear weapons can maintain our nuclear weapons without And I cannot for the life of me under- programs, then you should vote against testing. However, we have identified many stand why the President would ask the issues that increase risk and lower our level the treaty. of confidence. Senate to ratify a treaty that lives or Well—as Chairman of the Strategic dies based on the stockpile stewardship Dr. Bruce Tarter, Director of Law- Forces Subcommittee, I have oversight program—a program that our lab Di- rence Livermore National Laboratory of all three of the Nation’s nuclear lab- rectors are telling us they cannot guar- testified: oratories—Los Alamos, Lawrence antee! Livermore, and Sandia. I have been to We have not been able to meet the dead- If we ratify this treaty, there is a lines of the program as we thought we could. the labs, I have seen the computer sim- It (the stockpile stewardship program) very high probability we will have to ulations, I have talked with the physi- hasn’t been perfect—the challenge lies in the start looking for a way out of it within cists and programmers. Just last Feb- longer term. 10–15 years—maybe even sooner. I don’t

VerDate Mar 15 2010 21:55 Nov 01, 2013 Jkt 081600 PO 00000 Frm 00069 Fmt 0624 Sfmt 0634 E:\1999SENATE\S12OC9.REC S12OC9 mmaher on DSKCGSP4G1 with SOCIALSECURITY S12398 CONGRESSIONAL RECORD — SENATE October 12, 1999 understand entering into a treaty you Mr. President, I yield the floor. we speak. Again, this is not my opin- know full well you may have to pull Mr. HELMS. I feel obliged to observe ion. It is a fact which has been made out of almost as soon as it goes into ef- that the United States has already over and over again by the nation’s fect. flirted with an end to nuclear testing— senior weapons experts. Now, supporters of the treaty will from 1958 to 1961. It bears remembering In 1995, the laboratory directors com- point out that if in fact the lab Direc- that the nuclear moratorium ulti- piled the following two charts which tors, and the Secretary of Energy all mately was judged to constitute an un- depict two simple facts: (1) that even agree in 10 years that the stockpile acceptable risk to the nation’s secu- with a successful science-based pro- stewardship isn’t working, the Presi- rity, and was terminated after just gram, confidence will not be as high as dent, in consultation with Congress, three years. On the day that President it could be with nuclear testing; and (2) can just pull us out of the treaty. Kennedy ended the ban—March 2, even if the stockpile stewardship pro- Well, treaties tend to take on a life of 1962—he addressed the American people gram is completely successful by 2010, their own, and I do not believe it would and said: the United States will not be able to be that easy. Just look at the ABM We know enough about broken negotia- design new weapons, and will not be Treaty of 1972. Our co-signer, the tions, secret preparations, and the advan- able to make certain types of nuclear U.S.S.R. doesn’t even exist anymore, tages gained from a long test series never to safety assessments and stockpile re- and although there is overwhelming offer again an uninspected moratorium. placements. agreement between the defense and in- Some urge us to try it again, keeping our Senators will notice that, on both telligence communities, and the Amer- preparations to test in a constant state of charts, there is mention of ‘‘HN’’ (e.g. readiness. But in actual practice, particu- ican public, that our national interests larly in a society of free choice, we cannot hydronuclear) and 500 ton tests. The are at stake, the President still op- keep top flight scientists concentrating on laboratory directors, in a joint state- poses pulling out of the ABM Treaty! the preparation of an experiment which may ment to the administration in 1995, The Nuclear Test Ban Treaty of 1963 or may not take place on an uncertain date said: ‘‘A strong Stockpile Stewardship and the Nuclear Nonproliferation Trea- in the future. Nor can large technical labora- and Management Program is necessary ty of 1968 are two more examples. tories be kept fully alert on a standby basis to underwrite confidence. A program of These treaties have both been violated. waiting for some other nation to break an 500-ton experiments would signifi- But have we pulled out of either one agreement. This is not merely difficult or in- cantly reduce the technical risks.’’ convenient—we have explored this alter- This judgment has not changed over despite the legal right to do so—abso- native thoroughly and found it impossible of lutely not! execution. the past several years. Both weapons My friends and colleagues, it makes laboratory directors stated in 1997 that This statement is very interesting. It no sense to ratify a treaty that our nuclear testing would give the United makes clear that the fundamental own nuclear experts tell us we may States greater confidence in the stock- problems posed by a test ban remain have to negotiate a way out of within pile. unchanged over the past 27 years. The a decade. So as I listen to these claims that the United States certainly faces a Russian This treaty is dangerous and ill-ad- United States is ‘‘out of the testing vised. It places our nuclear stockpile, Federation that is engaging in ‘‘secret business,’’ I make two basic observa- and hence our nuclear deterrent capa- preparations’’ and likely is engaging in tions. First, we are only out of the bility, at considerable risk. This treaty clandestine nuclear tests relating to testing business because President is bad for America, and it is bad for the the development of brand-new, low- Clinton has taken us out. There is no international community, and I will yield nuclear weapons. The United legal barrier today to conducting vote against it. States, on the other hand, cannot en- stockpile experiments. The reason is That is if I’m given the opportunity gage in such nuclear modernization purely political. Indeed, the White to vote against it. While Senate Demo- while adhering to the CTBT. House is using circular logic. The crats and the White House are back Likewise, the Senate is faced with United States is not testing because pedaling furiously, some in the Senate the same verification problem that it the White House supports the test ban are anxious to rescue them from their encountered in 1962. As both of Presi- treaty; but the White House is claim- miscalculation and deliver them from a dent Clinton’s former intelligence ing that because we are not testing, we major legislative defeat. It might be chiefs have warned, low-yield testing is should support the treaty. tempting to view this as a ‘‘win-win’’ undetectable by seismic sensors. Nor Second, I remind all that the United situation for those who oppose the does the United States have any rea- States thought it was out of the test- treaty. The reasoning goes like this: If sonable chance of mobilizing the ludi- ing business in 1958, only to discover we effectively kill this flawed treaty crously high number of votes needed how badly we had miscalculated. Presi- without a vote, we will have forced the under the treaty to conduct an on-site dent Kennedy not only ended the 3- White House to back down, and have inspection. In other words, the treaty year moratorium, but embarked upon won without letting the White House is unverifiable and there is no chance the most aggressive test series in the accuse us of killing the treaty. This is that cheaters will ever be caught. history of the weapons program. If Sen- superficially appealing. But it is a This is not my opinion. This is a re- ators use history as their guide, they strategy for, at best, a half-victory, ality, given that 30 of 51 countries on will realize that the CTBT is a serious and at worst, a partial defeat. the treaty’s governing board must ap- threat to the national security of the Postponing a vote on the CTBT will prove any on-site inspection. Even the United States. allow the White House to claim victory President’s own senior arms con- Mr. MCCAIN. Mr. President, I rise in saving the treaty, and will allow the troller—John Holum—complained in today to express my very grave con- White House to continue to spin the 1996 that ‘‘treaty does not contain . . . cerns over the path down which we are American people by blaming opponents our position that on-site inspections heading. The United States Senate is for not ratifying the treaty. There is should proceed automatically unless on the verge of voting down a treaty no conservative victory in that. two-thirds of the Executive Council the intent of which is consistent with Every single Senator knows today vote ‘‘no.’’ Instead of an automatic U.S. national security objectives, but how he or she will vote on this treaty. green light for inspections, the U.S. got the letter and timing of which are More debate and more hearings won’t exactly the opposite of what it re- fraught with serious implications for change that. It’s time to put partisan quested. our security over the next decade. politics aside and stand firm on our be- But most importantly, in 1962 Presi- Mr. President, I will vote against liefs. The die is cast, and Republicans dent Kennedy correctly noted that the ratifying the Comprehensive Test Ban and Democrats alike have staked out inability to test has a pernicious and Treaty. This is not a vote I take light- their positions. It’s time for Senators corrosive effect—not just upon the ly. I am not ideologically opposed to to stand by those positions and vote weapons themselves (which cannot be arms control, having voted to ratify their conscience. Mr. President, I op- fully remanufactured under such cir- the START Treaty and the Chemical pose postponing the vote on this trea- cumstances)—but upon the nation’s nu- Weapons Convention. But, my concerns ty, and I urge my colleagues to do the clear infrastructure. Our confidence in about the flaws in this Treaty’s draft- same. the nuclear stockpile is eroding even as ing and in the administration’s plan for

VerDate Mar 15 2010 21:55 Nov 01, 2013 Jkt 081600 PO 00000 Frm 00070 Fmt 0624 Sfmt 0634 E:\1999SENATE\S12OC9.REC S12OC9 mmaher on DSKCGSP4G1 with SOCIALSECURITY October 12, 1999 CONGRESSIONAL RECORD — SENATE S12399 maintaining the viability of the stock- information—in other words, detecting time and has far fewer types of war- pile leave me no other choice. that an event took place. Verification, heads—a decrease from 30 to nine— On October 5, Henry Kissinger, John however, is a political process. than it did 15 years ago. A fault in one Deutch and Brent Scowcroft wrote to Even if we assume that compliance will require removing all of that cat- the majority and minority leaders stat- with the treaty can be monitored—and egory from the stockpile. The military ing their serious concerns with the I believe very strongly, based in part typically grounds or removes from Senate’s voting on the treaty so far in on the CIA’s recent assessment, that service all of a specific weapons system advance of our being able to implement that is not the case—we are left with or other equipment when a serious its provisions and relying solely on the the age-old question posed most suc- problem is detected. Should they act Stockpile Stewardship Program. They cinctly some 40 years ago by Fred Ikle: differently with nuclear warheads? Ob- noted that ‘‘. . . few, if any, of the ben- After Detection—What? What are we to viously not. efits envisaged by the treaty’s advo- make of a verification regime that is Finally, this treaty will actually pre- cates could be realized by Senate rati- far from prepared to handle the chal- vent us from making our nuclear weap- fication now. At the same time, there lenges it will confront. For example, ons safer. Without testing, we will not could be real costs and risks to a broad we are potentially years from an agree- be able to make essential safety im- range of national security interests— ment among signatories on what tech- provements to our aging stockpile—a including our nonproliferation objec- nologies will be employed for moni- stockpile that has already gone seven tives—if [the] Senate acts pre- toring purposes. More importantly, the years without being properly and thor- maturely.’’ These are sage words that treaty requires 30 disparate countries oughly tested. should not be taken lightly by either to agree to a challenge on-site inspec- I hope the time does arrive when a party in the debate on ratification. tion when 19 allies couldn’t agree on comprehensive ban on nuclear testing In the post-cold-war era, a strong how to conduct air strikes against will be consistent with our national se- consensus exists that proliferation of Yugoslavia? curity requirements. We are simply not weapons of mass destruction is our sin- Furthermore, we are being asked to yet there. I will consider supporting a gle greatest national security concern. accept arguments on verification by an treaty when alternative means of en- Unfortunately, a ban on nuclear test- administration that swept under the suring safety and reliability are prov- ing, especially when verification issues rug one of the most egregious cases of en, and when a credible verification re- are so poorly addressed, as in this trea- proliferation this decade, the Novem- gime is proposed. Until then, the risks ty, will not prevent other countries ber 1992 Chinese transfer of M–11 mis- inherent in the administration’s pro- from developing nuclear weapons. A siles to Pakistan, and that continues gram preclude my adopting a more fa- number of countries have made major to cling tenaciously to the ABM Treaty vorable stance. strides in developing nuclear weapons despite the scale of global change that These are the reasons that I must without testing. South Africa and has occurred over the last 10 years. vote against ratification of the Com- Pakistan both built nuclear stockpiles In determining whether to support prehensive Test Ban Treaty at this without testing; North Korea may very this treaty at this time, it is essential time. The viability of our nuclear de- well have one or two crude nuclear that we examine the continued impor- terrent is too central to our national weapons sufficient for its purposes; and tance of nuclear weapons to our na- security to rush approval of a treaty Iraq was perilously close to becoming a tional security. Last week’s testimony that cannot be verified and that will nuclear state at the time it invaded by our nuclear weapons lab directors facilitate the decline of that deterrent. Kuwait. Iran has an active nuclear that the Stockpile Stewardship Pro- Preferably, this vote would be delayed weapons program, and Brazil and Ar- gram will not be a reliable alternative until a more appropriate time, but, gentina were far along in their pro- to nuclear testing for five to 10 years is barring that, I cannot support ratifica- grams before they agreed to terminate a clear and unequivocal statement that tion right now. them. Testing is not necessary to have ratification of this treaty is dan- The operative phrase, though, is very good confidence that a first gen- gerously premature. General John ‘‘right now.’’ The concept of a global eration nuclear weapon will work, as Vessey noted in his letter to the chair- ban on testing has considerable merit. the detonation over Hiroshima, uti- man of the Armed Services Committee Defeating the treaty would not only lizing a design that had never been that the unique role of the United imperil our prospects of attaining that tested, demonstrated more than half-a- States in ensuring the ultimate secu- objective at some future point, it century ago. rity of our friends and allies, obviating would in all likelihood send a green Whenever an arms control agreement their requirement for nuclear forces in light to precisely those nations we is debated, the issue of verification the process, remains dependent upon least want to see test that it is now rightly assumes center stage. That is our maintenance of a modern, safe and okay to do so. Such a development, I entirely appropriate, as the old adage reliable nuclear deterrent. As General think we can all agree, is manifestly that arms control works best when it is Vessey pointed out, ‘‘the general not in our national interest. needed least continues to hold true. knowledge that the United States In articulating his reasons for con- That the leaders of Great Britain, would do whatever was necessary to tinuing to conduct nuclear tests, then- France, and Germany support ratifica- maintain that condition certainly re- President Kennedy stated that, ‘‘If our tion is less important than what is duced the proliferation of nuclear weapons are to be more secure, more going on inside the heads of the leaders weapons during the period and added flexible in their use and more selective of Russia, China, India, Pakistan, Iraq, immeasurably to the security coopera- in their impact—if we are to be alert to Iran, and North Korea. We don’t need tion with our friends and allies.’’ This new breakthroughs, to experiment with arms control agreements with our sentiment was also expressed by former new designs—if we are to maintain our friends; we pursue arms control as a Secretaries of Defense Schlesinger, scientific momentum and leadership— way of minimizing the threat from Cheney, Carlucci, Weinberger, Rums- then our weapons progress must not be those countries that may not have our feld, and Laird, when they emphasized limited to theory or to the confines of national interests at heart. Some of the importance of the U.S. nuclear um- laboratories and caves.’’ This is not an the countries with active nuclear weap- brella and its deterrent value relative obsolete sentiment. It rings as true ons programs clearly fall into that cat- not just to nuclear threats, but to today as when President Kennedy ut- egory. On that count, the Comprehen- chemical and biological ones as well. tered those words 37 years ago. sive Test Ban Treaty falls dangerously The immensely important role that a I thank the Chair. short. viable nuclear deterrent continues to Mr. HATCH. Mr. President, today the In order to fully comprehend the play in U.S. national security strategy Senate debates an arms control treaty complexity of the verification issue, it requires the United States to be able to of idealistic intent, vague applica- is important to understand the distinc- take measures relative to our nuclear bility, and undetermined effects. Given tion between monitoring and verifying. stockpile that are currently precluded today’s state of scientific, geopolitical Monitoring is a technical issue. It is by the Test Ban Treaty. Our stockpile and military affairs, I must vote the use of a variety of means of gather is older today than at any previous against the resolution of ratification of

VerDate Mar 15 2010 21:55 Nov 01, 2013 Jkt 081600 PO 00000 Frm 00071 Fmt 0624 Sfmt 0634 E:\1999SENATE\S12OC9.REC S12OC9 mmaher on DSKCGSP4G1 with SOCIALSECURITY S12400 CONGRESSIONAL RECORD — SENATE October 12, 1999 the Comprehensive Test Ban Treaty, a was respecting international norms. It the reliability and safety of our arsenal treaty that will lower confidence in our was solely because he knew the United to a level that matches what we learn strategic deterrent while creating an States had a credible nuclear deterrent through testing. That would be a time international regime that does not that we reserved the right to use. to responsibly consider a Comprehen- guarantee an increase in this country’s Proponents of the Comprehensive sive Test Ban. And that time is not security. Test Ban Treaty argue that scientific now. On balance—and these matters are tests at the sub-critical level can re- This central point on the reliability often concluded on balance, as rarely place testing as the methodology to en- of our nuclear deterrent has not es- are we faced with clear-cut options—it sure the reliability and safety of our caped the public’s view of the current is my reasoned conclusion that the nuclear arsenal, which, we all know, debate. Utahns have approached me on CTBT does not advance the security of has not been tested since 1992. The both sides of the argument. this nation. question of reliability of our deterrent Yes, we have seen numerous polls Some people think that, by passing is absolutely essential to this nation’s that suggest that the public supports the CTBT, we will be preventing the security. And yet the proponents of our the Comprehensive Test Ban Treaty. horrors of nuclear war in the future. science-based alternative program to When people are asked, ‘‘do you sup- There is great emotional content to testing—known as the Stockpile Stew- port a global ban on nuclear testing?’’ this argument. ardship Program—all acknowledge that majorities respond affirmatively. How- But in deliberations about a matter this critical replacement to testing is ever, when people are asked, as some so grave, I had to apply a rational, log- not in place today and will not be fully more specific polls have done, ‘‘Do you ical analysis to the affairs of nations as developed until sometime in the next believe our nuclear arsenal has kept this country free from attack?’’ the I see them. And, on reflecting on half a decade. century of the nuclear era, I can only Even if the Stockpile Stewardship majority always answers overwhelm- conclude that it is the nuclear stra- Program is fully operational in 2005, as ingly affirmatively. When asked tegic deterrent of this country that is the most optimistic representations whether we need to continue to rely on a nuclear deterrent, the answer is al- the single most important factor in ex- suggest, that will be more than 10 ways overwhelmingly affirmative, as it plaining why this country has not been years since we have had our last tests. is when the public is asked whether we challenged in a major military con- After a decade of no testing, the con- need to maintain reliability in our nu- frontation on our territory. We fidence in our weapons will have de- clear deterrent. Once again, I find the emerged victorious from the cold war clined. Throughout this period, we will public more sophisticated than they without ever engaging in a global be relying on a scientific regime whose ‘‘hot’’ war. are often given credit for. evolution and effectiveness we can only When I speak with people about the Despite the security we have bought hope for. with our nuclear deterrent, the world limits of monitoring this global ban, This is the concern of numerous na- and the numerous methods and tech- we live in today is more dangerous tional security experts, and their con- nologies available to parties that wish than the cold war era. Today, we are clusions were not supportive of the to evade detection, confidence in the faced with the emergence of new inter- CTBT. Addressing this central issue, CTBT falls even lower. The fact is— national threats. These include rogue six former Secretaries of defense and, once again, the proponents of the states, such as Iraq, Sudan, and North (Schlesinger, Cheney, Carlucci, Wein- treaty concede this—that a zero-yield Korea; independent, substate inter- berger, Rumsfeld, Laird) said: test ban treaty is unverifiable. national terrorists, such as Osama bin The Stockpile Stewardship Program, Small but militarily significant Laden; and international criminal or- which will not be mature for at least 10 tests—that is, 500-ton tests, significant ganizations that may facilitate funds years, will improve our scientific under- to the development and improvement standing of nuclear weapons and would like- and, perhaps, nuclear materials to flow of nuclear weapons—will not always be between these actors. Some of these ac- ly mitigate the decline in our confidence in the safety and reliability of our arsenal. We detectable. Higher yield tests—such as tors, of course, can and have developed 5 kilotons—can be disguised by the the ‘‘poor man’s’’ nukes, as they are will never know whether we should trust the Stockpile Stewardship if we cannot conduct techniques known as ‘‘decoupling,’’ called: biological and chemical weap- tests to calibrate the unproven new tech- where detonations are set in larger, ei- ons. niques. ther natural or specially constructed, It is to the credit of the serious pro- Former Secretary of State Henry subterranean settings. ponents of this treaty that they have Kissinger, former National Security Today we are uncertain about a se- not argued that this treaty can effec- Advisor Brent Scowcroft, and former ries of suspicious events that have oc- tively prevent these new actors on the Director of Central Intelligence John curred recently in Russia, a country global scene from developing primitive Deutch said recently: that has not signed the CTBT. Some nuclear weapons—which can be built But the fact is that the scientific case sim- Russian officials have suggested that without tests. The CTBT does not pre- ply has not been made that, over the long they would interpret the CTBT to vent them from stealing or buying tac- term, the United States can ensure the nu- allow for certain levels of nuclear tical nuclear weapons that slip unse- clear stockpile without nuclear testing . . . tests, a view inimical to the Clinton cured out of Russian arsenals. The The Stockpile Stewardship Program is not administration’s proponents of the CTBT cannot prevent or even detect sufficiently mature to evaluate the extent to CTBT. These are troubling questions, low-yield testing by rogue states which which it can be a suitable alternative to Mr. President, which should cast great have a record of acting like treaties testing. doubt on the hopes of the proponents of aren’t worth the paper they’re written I hasten to point out that the experts the CTBT. on. These are the threats we face who have spoken against the CTBT But the proponents say, under a today. have served in Republican and Demo- CTBT regime we could demand an on- In this new threat environment, the cratic Administrations. Secretary Kis- site inspection. But the on-site inspec- proponents of this treaty suggest that singer served in the Nixon administra- tion regime is, by the terms of the we abandon testing to determine the tion, for example, which negotiated the treaty, weak. It is a ‘‘red-light’’ sys- reliability of our weapons, to increase Threshold Test Ban Treaty banning tem, which means that members of the their safety, and to modernize our arse- tests above 150 kilotons. This treaty Executive Council of the Conference of nal. was ratified during the Bush Adminis- States Parties must vote to get affirm- Yet we have recent historical evi- tration. John Deutch, as we all know, ative permission to inspect—and the dence that our nuclear deterrent is a was head of the CIA in the present Ad- vote will require a super-majority of 30 key factor in dealing with at least ministration. of 51 members of the Council for per- some of these actors. Recall that, in I support the Stockpile Stewardship mission to conduct an inspection. The the gulf war, Saddam Hussein did not Program, and will continue to support terms of the treaty allow for numerous use his chemical and biological weap- it. There may be a day when my col- obstructions by a member subject to ons against the international coalition. leagues and I can be convinced that inspection. Some of these codified in- This was not because Saddam Hussein science-based technology can ensure structions appear to have come out of

VerDate Mar 15 2010 21:55 Nov 01, 2013 Jkt 081600 PO 00000 Frm 00072 Fmt 0624 Sfmt 0634 E:\1999SENATE\S12OC9.REC S12OC9 mmaher on DSKCGSP4G1 with SOCIALSECURITY October 12, 1999 CONGRESSIONAL RECORD — SENATE S12401 Saddam Hussein’s play book for defeat- F,’’ which it will attach to the treaty. Combine this with a lack of con- ing UNSCOM. This addendum states that it is its un- fidence in the science-based alternative Some have suggested that Senate re- derstanding that if the Secretaries of to testing promoted by the administra- jection of this treaty, which seems Defense and Energy inform the Presi- tion, which even its supporters recog- likely, will undermine this country’s dent that ‘‘a high level of confidence in nize is not up to speed, and I must con- global leadership. It is said that, if we the safety or reliability of a nuclear clude that it is against the U.S. na- fail to ratify, critical states will not weapon type which the two Secretaries tional interest to vote for the CTBT. ratify the treaty. This assertion consider to be critical to our nuclear This vote is not about the horrors of strikes me as highly suppositious. deterrent could no longer be certified, Hiroshima and Nagasaki. It is about Since the end of World War II, there the President, in consultation with whether the nuclear deterrent that has are very few instances of the United Congress, would be prepared to with- kept this country secure for half a cen- States using its nuclear threat explic- draw from the CTBT under the stand- tury and will keep this country secure itly. Besides the Soviet Union, locked ard ‘‘supreme national interests’’ for the foreseeable future. in a bipolar global competition with us clause in order to conduct whatever Deterrence is not static, it is dy- until its collapse in 1991, other nations’ testing might be required.’’ namic. The world is not static, it is un- decision to develop nuclear programs This vaguely worded escape clause is predictable and dangerous. The CTBT were based, not on following ‘‘U.S. the manifestation of what is known in is an attempt to impose a static arms leadership,’’ but on their perception of international law as rebus sic control environment—to freeze our ad- regional balances of power, or on their stantibus. This famous expression is vantage—while gambling that our com- desire to establish global status with a attributed to Bismark, who declared: petitors abide by the same freeze. strategic weapon. Their decisions to ‘‘At the bottom of every treaty is writ- Today, that is unsound risk. cease testing will be similarly based. ten in invisible ink—rebus sic I will vote to oppose the resolution of The CTBT, it is argued, will prevent stantibus—‘until circumstances ratification of the Comprehensive Test China from further modernizing its nu- change’.’’ This is a recognition com- Ban Treaty. clear forces. It would be more accurate, mon in international law, and now Mr. ASHCROFT. Mr. President, I rise in my opinion, to state that the treaty, manifest in black-and-white in ‘‘Safe- today to speak on the Comprehensive if it works as its proponents wish, may guard F,’’ that agreements hold only as Test Ban Treaty (CTBT). Signed by the constrain China from testing the de- long as the fundamental conditions and President on September 24, 1996, and signs for nuclear warheads it has expectations that existed at the time submitted to the Senate approximately gained through espionage. The debate of their creation hold. one year later, the CTBT bans all nu- over future military developments al- The fundamental conditions that the clear explosions for an unlimited dura- ways hinges on the distinction between CTBT seeks to address are where my tion. intentions and capabilities. China’s fundamental reservations lie. There are Every member of the Senate would current nuclear capabilities are mod- too many factors that we cannot con- like to strengthen the national secu- est, although it has a handful of war- trol and that will not be restrained by rity of the United States. Every mem- heads and the means to deliver them to the best intentions of a testing freeze. ber of the Senate would like to leave The world is changing, and alliances the North American continent. this country more safe and secure. are subtly changing. Geopolitical com- But I have to ask: Are the analysts in There are time-honored principles petitors such as China, Russia, Iran, the Clinton administration confident which undergrid genuine security, how- and North Korea are undergoing rad- that China’s intentions are consistent ever. As George Washington stated ical—radical—social changes that are with a view embodied in the CTBT that over two centuries ago, ‘‘There is noth- demonstrably affecting their govern- would lock China into substantive nu- ing so likely to produce peace as to be ments, foreign policies, and militaries. clear inferiority to the United States? well prepared to meet an enemy.’’ Is that what their espionage was An agreement on a test ban freeze Washington believed that if we wanted about? Or their veiled threats—such as today does not reconcile with these re- peace, we must be prepared to defend the famous ‘‘walk-in’’ in 1995, when a alities. our country. PRC agent showed us their new-found Even the most stalwart proponents of The CTBT is not based on the na- capabilities? And how about the PRC’s the treaty can only argue that U.S. tional security principles of Wash- explicit threat to rain missiles on Los ratification of the treaty may influ- ington or any other President who used Angeles? That was a reflection on in- ence other states’ behaviors. That is a strength and preparedness to protect tentions. hope, not a certainty. The need for a Those of us who study intentions and reliable nuclear deterrent, last tested our way of life and advance liberty capabilities of such a key geopolitical in 1992, remains a certainty. I firmly around the globe. This treaty is based competitor as China know that their believe that the CTBT will not control on an illusion of arms control, depend- capabilities are far inferior to us. But these external realities. While some ent on the unverifiable good will of sig- you have to wonder, based on their countries may see a test ban regime in natory nations—some of which are statements and other actions, whether their interests, others, motivated not openly hostile to the United States. the Chinese are willing to accept the by the norms we hope for in the inter- The CTBT will do nothing to stop de- current strategic balance that would be national community, but by the more termined states from developing nu- locked in with the CTBT. historic realities of national interest clear weapons and will degrade the And, does it make sound strategic and competition, may not. readiness of the U.S. nuclear stockpile. sense for the defense of our country The timing is simply wrong to pass The U.S. nuclear arsenal is still the that the United States, in effect, uni- this treaty. The science has not been most powerful deterrent to aggression laterally disarms our technological su- sufficiently reassuring, and global de- against the United States, but this periority by freezing our ability to velopments have not been encouraging. treaty would place the reliability of modernize and test? I must admit that my ongoing con- that arsenal in question. When we freeze our deterrent capa- cerns about this administration’s un- Is such a step worth the risk? What bility, we are, in effect, abandoning derstanding of the world do not pro- does the CTBT give us in return? Is the America’s technological edge and mote confidence in their support for treaty really the powerful weapon in mortgaging that deteriorating edge on this treaty. Under this administration, the war against proliferation that the the belief and hope that all of our geo- we have seen a precipitous decline in Administration claims? Several crit- political competitors will do the same. the funding of the military; we have ical deficiencies of the CTBT make this This reflects a view of the world that is seen an unacceptable resistance to mis- treaty a genuine threat to U.S. na- far more optimistic than I believe is sile defense; we have seen that it was tional security. prudent. A substantial dose of skep- Congress that had to promote sanc- First, the monitoring system of the ticism should be required when think- tions on nuclear and missile prolifera- treaty will not be able to detect many ing about the defense of our country. tion from Russian firms spreading nu- nuclear tests. The International Moni- To address these concerns, the ad- clear and missile technology to rough toring System (IMS) of the CTBT is de- ministration has waived ‘‘Safeguard states. All of this belies confidence. signed to detect nuclear blasts greater

VerDate Mar 15 2010 21:55 Nov 01, 2013 Jkt 081600 PO 00000 Frm 00073 Fmt 0624 Sfmt 0634 E:\1999SENATE\S12OC9.REC S12OC9 mmaher on DSKCGSP4G1 with SOCIALSECURITY S12402 CONGRESSIONAL RECORD — SENATE October 12, 1999 than one kiloton, but tests with a in subsequent proliferation reports, The real effect of the CTBT, then, is smaller blast yield may be used to vali- China is suspected of continuing such not to stop the spread of nuclear weap- date or advance nuclear weapons de- assistance. Rather than take con- ons, for less developed countries can signs. Tests larger than one kiloton sistent steps to punish Chinese pro- develop simple nuclear weapons with- can be masked through certain testing liferation, however, the Administration out testing and countries like Russia techniques. By testing underground, is pushing a treaty to stop nuclear and China can test without being de- for example, the blast yield from a nu- testing—testing which is not needed tected. The real effect of the CTBT will clear test can be reduced by a factor of for the development of nuclear weapons be to degrade the U.S. nuclear arsenal, 70. The bottom line is that countries in the first place. dependent on periodic testing to ensure will be able to continue testing under This Administration would have readiness. this treaty and not be detected. more credibility in the area of non- Modernization and development of The unverifiability of the CTBT was proliferation if it had been taking ag- new weapons systems, also dependent highlighted by the Washington Post on gressive steps to punish proliferators on testing, will be precluded. The need October 3, 1999. In an article entitled and defend America’s interests over the to modernize and develop new nuclear ‘‘CIA Unable to Precisely Track Test- last seven years. When China transfers weapons should not be discounted. New ing,’’ Roberto Suro writes that ‘‘the complete M–11 missiles to Pakistan, weapons for new missions, changes in Central Intelligence Agency has con- this Administration turns a blind eye. delivery systems and platforms, and cluded that it cannot monitor low-level When China is identified by the CIA in improved safety devices all require nuclear tests by Russia precisely 1997 as the ‘‘. . . the most significant testing to ensure that design modifica- enough to ensure compliance with the supplier of WMD-related goods and tions will and be effective. In sup- Comprehensive Test Ban Treaty. . .’’ technology to foreign countries,’’ the porting this treaty, the President is Twice last month, Russia may have Administration rewards China with a saying that regardless of the future conducted nuclear tests, but the CIA nuclear cooperation agreement in 1998. threats the United States may face, we was unable to make a determination, These severe lapses in U.S. non- will surrender our ability to sustain a according the Post article. proliferation policy cannot be covered potent and effective nuclear deterrent. Senator JOHN WARNER, the distin- over with the parchment of another un- Mr. President, such shortsighted poli- guished chairman of the Armed Serv- verifiable arms control treaty. cies which leave America less secure A third problem with the CTBT is ices Committee, is quoted in the Post are completely unacceptable and that it places the reliability of the U.S. article concerning a broader pattern of should be rejected. Russian deception with regard to nu- nuclear arsenal at risk. While other clear testing. According to a military countries can develop simple nuclear It is difficult for me to understand assessment mentioned in the Post, weapons without testing, such tests are how a President who determines that Russia has conducted repeated tests critically important for the mainte- ‘‘the maintenance of a safe and reliable over the past 18 months to develop a nance and modernization of highly so- nuclear stockpile to be a supreme na- low-yield nuclear weapon to counter phisticated U.S. nuclear weapons. In tional interest of the United States’’ U.S. superiority in precision guided that it forbids testing essential to en- can support the CTBT, a treaty which munitions. sure the readiness of the U.S. stock- could jeopardize the entire nuclear ar- Such behavior reinforces the central pile, the CTBT is really a back door to senal within years. point that proponents of the CTBT nuclear disarmament. The preamble of Those who favor the CTBT argue that seem to miss in this debate. When na- the CTBT itself states that the prohibi- the treaty will create an international tions have to choose between the com- tion on nuclear testing is ‘‘a meaning- norm against the development of nu- munal bliss of international disar- ful step in the realization of a system- clear weapons. If the United States will mament or pursuing their national in- atic process to achieve nuclear disar- take the lead, advocates for the treaty terest, they follow their national inter- mament . . .’’ state, then other countries will see our est. Countries such as Russia have the Proponents of the CTBT argue that good intentions and follow our exam- best of both worlds with an unverifi- we have the technology and expertise ple. able treaty like the CTBT: Russia can to ensure the readiness of our nuclear Mr. President, moral suasion carries continue to test without being caught arsenal through the Stockpile Steward- little weight with countries like North and the U.S. nuclear arsenal cannot be ship Program. The truth of the matter Korea, Iran, and Iraq. Moral suasion maintained or modernized and eventu- is that only testing can ensure that our means little more to Russia, China, ally deteriorates over time. nuclear weapons are being maintained, Pakistan, and India. These countries A second critical problem with the not computer modeling and careful follow their security interests, not the CTBT is that countries do not have to archiving of past test results. As Dr. illusory arms control agenda of an- test to develop nuclear weapons. The Robert Barker, a strategic nuclear other international bureaucracy. weapons designer and principal advisor case of India and Pakistan provides It is folly to degrade the U.S. nuclear to the Secretary of Defense on all nu- perhaps the best example that a ban on deterrent through a treaty that has no clear weapons matters from 1986–92, nuclear testing can be irrelevant. Paki- corollary security benefits. I am not stated, ‘‘. . . sustained nuclear testing stan developed nuclear explosive de- opposed to treaties and norms which . . . is the only demonstrated way of vices without any detectable testing, seek to reduce the potential for inter- maintaining a safe and reliable nuclear and India advanced its nuclear program national conflict, but arms control deterrent.’’ without testing for twenty-five years. treaties which are not verifiable leave Proliferation in South Asia also Dr. James Schlesinger, a former Sec- the United States in a more dangerous lends itself to a broader discussion of retary of the Defense and Energy De- position. When we can trust but not this Administration’s nonproliferation partments, is one of the most com- verify, the better path is not to place record. The Administration’s rhetoric petent experts to speak on the national ourselves in a position where our trust on the CTBT has been strong in recent security implications of the CTBT and can be broken, particularly when the weeks, but has the Administration al- the Stockpile Stewardship Program. security of the American people is at ways been as committed to stop pro- His comments on the Stockpile Stew- stake. liferation? ardship Program should be heeded by The case of Pakistan is particularly every Senator. In testimony before I thank the Chair for the opportunity illustrative of this Administration’s Congress, Dr. Schlesinger stated that to address this important matter and I flawed approach to nonproliferation the erosion of confidence in our nuclear urge my colleagues to oppose the Com- and arms control. In an unusually can- stockpile would be substantial over prehensive Test Ban Treaty. did report in 1997, the CIA confirmed several decades. Dr. Schlesinger states Mr. HELMS. Mr. President, the in- China’s role as the ‘‘principal supplier’’ that ‘‘In a decade or so, we will be be- credible and contrived rhetoric pouring of Pakistan’s nuclear weapons pro- yond the expected shelf life of the forth constantly from the White House gram. Although the Administration weapons in our nuclear arsenals, which for the past few weeks has at times has been careful to use milder language was expected to be some 20 years.’’ bordered on absurd and futile efforts to

VerDate Mar 15 2010 21:55 Nov 01, 2013 Jkt 081600 PO 00000 Frm 00074 Fmt 0624 Sfmt 0634 E:\1999SENATE\S12OC9.REC S12OC9 mmaher on DSKCGSP4G1 with SOCIALSECURITY October 12, 1999 CONGRESSIONAL RECORD — SENATE S12403 sell to the American people the Com- President Clinton’s own former Di- the seismic magnitude of a test by a prehensive Test Ban Treaty. For exam- rector of Central Intelligence, Jim factor of 70. In other words, countries ple, only this administration could at- Woolsey, testified before the Foreign can conduct tests of up to 60 kilotons tempt to put a positive spin on a Wash- Relations Committee, on May 13, 1998, without being detected by the IMS. ington Post article reporting that the that ‘‘With the yield of zero, I have Every country of concerns to the CTBT is unverifiable. It didn’t work very serious doubts that we would be United States is technically capable of and once again it was demonstrable able to verify.’’ decoupling its nuclear explosions. In that you can’t make a silk purse out of On August 5, 1999, former Secretary other words, countries such as North a sow’s ear. of State Henry Kissinger noted: ‘‘When Korea, China, and Russia will be able No administration, prior to the I was involved in test-ban negotiations, to conduct very significant work on present one, has ever tried to argue it was understood that testing below a their weapons programs without fear of with a straight face that a zero yield certain threshold was required to en- detection by the IMS. I point out to test ban would or could be verifiable. A sure confidence in U.S. nuclear weap- Senators that, according to Depart- treaty which purports to ban all nu- ons. It also was accepted that very low- ment of Energy data, 56 percent of all clear testing is, by definition, unverifi- yield tests would be difficult to detect, U.S. nuclear tests were less than 20 able. In fact, previous administrations and an agreement to ban them would kilotons in yield. Such tests, if decou- admitted that much less ambitious raise serious questions about pled, would all have been undetectable proposals, such as low-yield test ban, verifiability.’’ by the IMS. In other words, one out of were also not verifiable. Most significantly, Fred Eimer, every two nuclear tests ever conducted This is not a ‘‘spin’’ contest. This is former Assistant Director of the Arms by the United States would not have a fact. Control and Disarmament Agency and been detected by the IMS—had the U.S. There is one hapless fellow, at the chief verification expert for both the chosen to mask its program. I fail to other end of Pennsylvania Avenue, who Reagan and Bush administrations, see how the administration does not is bound to know this, and he should wrote to me this past Sunday stating think this monitoring deficiency is not not be lending his name to such she- his opposition to the CTBT. militarily significant. nanigans. Dr. Eimer noted that: ‘‘Other nations Moreover, claims that the IMS will I am not referring to the President. will be able to conduct militarily sig- provide new seismic monitoring capa- This is his treaty—the only major arms nificant nuclear tests well below the bilities to the United States are ludi- control agreement negotiated on his verification threshold of the Treaty’s crous. The vast majority of seismic watch—and its ratification is entirely monitoring system, and well below about his legacy. No, I am talking stations listed in the CTBT already that of our own National Technical exist, and were funded by the U.S. tax- about Vice President GORE, who took Means.’’ payer; 68 percent of the ‘‘Primary Seis- the correct, flat-out-position—when he Now, of course, the Administration was a United States Senator—he was mological Stations,’’ and 47 percent of has claimed on a variety of occasions the ‘‘Auxiliary’’ stations called for opposed to even a 1-kiloton test ban. that the CTBT is ‘‘effectively According to then Senator GORE, the under the treaty already are in place verifiable.’’ It seems, however, that because the United States put them only type of test ban that was this administration is saying one thing verifiable was, in his estimation, one there years ago. I repeat, the only rea- to the Senate and the American people, son the IMS has any value to the with no less than a 5-kiloton limit. He and admitting quite another thing was quite clear, Mr. President, in say- United States is because it was already overseas. I will read into the RECORD U.S. property long before the CTBT ing that anything less—such as the the criticism that was leveled against CTBT treaty now before the Senate— was negotiated. the CTBT on August 1, 1996, by Mr. So where are the additional 32 per- would be unverifiable. John Holum—President Clinton’s On May 12, 1988, Senator GORE ob- cent of the stations going to be lo- ACDA Director—when he was in Gene- jected to an amendment offered to the cated? In places such as the Cook Is- va. Mr. Holum stated: 1989 defense bill which called for a test lands, the Central African Republic, ban treaty and which restricted nu- The United States’ views on verification Fiji, the Solomon Islands, Cameroon, are well known: We would have preferred clear tests above 1 kiloton. Then-Sen- Niger, Bolivia, Botswana, Costa Rica, stronger measures, especially in the deci- Samoa, and so on and so forth. There is ator GORE declared: sion-making process for on-site inspections, Mr. President, I want to express a lin- and in numerous specific provisions affecting no benefit to having seismic stations in gering concern about the threshold con- the practical implementation of the inspec- these places. In other words, Mr. Presi- tained in the amendment. Without regard to tion regime. I feel no need to defend this dent, the CTBT will provide zero ben- the military usefulness or lack of usefulness view. The mission on the Conference on Dis- efit to our nuclear test monitoring. of a 1 kiloton versus the 5 kiloton test, pure- armament is not to erect political symbols, In fact, it is going to make life more ly with regard to verification, I am con- but to negotiate enforceable agreements. difficult for the United States. The cerned that a 1 kiloton test really pushes That require effective verification, not as same ‘‘overselling’’ of the IMS that is verification to the limit, even with extensive the preference of any party, but as the sine cooperative measures. . . . I express the de- going on here in the United States is quo non of this body’s work. . . . On also occurring internationally. Ulti- sire that this threshold be changed from 1 to verification overall, the Treaty tilts toward 5. the ‘defense’ in a way that has forced the mately, this is going to cause great In other words, the Vice President United States to conclude, reluctantly, that problems for the United States in argu- knows full well that a 1-kiloton limit— it can accept, barely, the balance that Am- ing that a country has violated the to say nothing of 0-kiloton ban—was bassador Ramaker has crafted. treaty when the much-vaunted IMS has unverifiable. In fact, at his insistence, ‘‘Reluctantly’’? not detected anything. Few nations are the proposed amendment was modified ‘‘Accept, barely’’? likely to side with the United States in upwards to allow for all nuclear tests Does this sound like a ringing en- situations where the IMS has not de- below 5 kilotons. dorsement of the CTBT’s verification tected a test. Why then, is the administration, of regime? I would say this is tantamount Moreover, the IMS also will com- which he is now a part, claiming that a to ‘‘damnation by faint praise’’. plicate U.S. efforts by providing false zero-yield ban is ‘‘effectively The fact of the matter is that the or misleading data, which in turn will verifiable’’? CTBT’s much-vaunted international be used by countries to conceal treaty Numerous experts have cautioned the monitoring system (IMS) was only de- violations. Specifically, the CTBT fails Senate that a ‘‘zero-yield’’ CTBT is signed to detect ‘‘fully coupled’’ nu- to require nations to ‘‘calibrate’’ their fundamentally unverifiable. Other na- clear tests down to one kiloton, and regional stations to assess the local ge- tions will be able to conduct militarily cannot detect evasive nuclear testing. ology. significant nuclear tests well below the Any country so-inclined could easily Naturally, countries such as Russia detection threshold of the Treaty’s muffle its nuclear tests by conducting and China have refused to volunteer to monitoring system, and even below the them in natural cavities (such as salt do so. By consequence, these stations United States’ own unilateral capa- domes or caverns) or in man-made ex- will record data that will be incon- bility. cavations. This technique can reduce sistent with U.S. national information

VerDate Mar 15 2010 21:55 Nov 01, 2013 Jkt 081600 PO 00000 Frm 00075 Fmt 0624 Sfmt 0634 E:\1999SENATE\S12OC9.REC S12OC9 mmaher on DSKCGSP4G1 with SOCIALSECURITY S12404 CONGRESSIONAL RECORD — SENATE October 12, 1999 and will be used to argue against U.S. vote for the treaty, not because it is As a strong advocate of National Mis- on-site inspection initiatives. perfect—the CTBT does not mean an sile Defense, I have been struck by how While it is important to realize the end to the threat of nuclear war or nu- some are willing to have such extraor- deficiencies of the CTBT’s seismic clear terrorism or nuclear prolifera- dinary confidence in the ability of monitoring regime, it also is a fact tion, but it does represent a step in the American scientist and engineers to that several treaty provisions will se- right direction of containing these overcome problems in missile defense verely impair the ability of any on-site threats. but do not seem to place the same con- inspection, if launched, to uncover Let us be clear on what not ratifying fidence in the ability of American sci- credible evidence of a violation. First, the CTBT means: entists and engineers to do the same the aforementioned failure to calibrate A vote against the CTBT is a vote for with stockpile stewardship. regional stations will introduce inac- the resumption of nuclear testing by Choosing the path of science does not curacies in the location of suspicious the United States. mean the United States cannot test if events, creating a broader inspectable A resumption of nuclear testing is science proves inadequate to practice. area than otherwise would be the case. the clear consequence of the criticism The assurances contained in the Presi- Second, if the United States requests by opponents of the CTBT that the dent’s six safeguards attached to this an inspection, no U.S. inspectors would stockpile Stewardship Program is not treaty mean that, if necessary, we can be allowed to participate, and the sufficient to guarantee the safety, reli- resume testing. I have full confidence country in question can refuse to ability and performance of the nation’s in this President or any future Presi- admit other specific inspectors. Third, nuclear weapon stockpile. dent being willing to take this extraor- Critics of the Stockpile Stewardship the treaty allows for numerous delays dinary step, and I have full confidence Program argue that only actual testing in providing access to suspect sites, that this or any future Congress will can preserve our nuclear deterrence. which will cause dissipation of most of back that President up should such a Indeed at least one witness testifying the best technical signatures of a nu- decision to return to testing be nec- before the Armed Services Committee clear test. essary. advocated a resumption of 10 kiloton Indeed, in the case of low-yield test- Supporting the CTBT does not pre- testing. That means testing a weapon ing, there are few enough observable clude America from taking whatever almost the size of what was dropped on signatures to begin with, and on-site steps are necessary to preserve our na- Hiroshima. inspections are unlikely to be of use at tional security. I do not believe that the American all. Finally, the inspected party is al- I would argue, as have many of my public wants to see the resumed testing lowed to restrict access under the trea- colleagues, and interestingly enough, ty and to declare up to 50 square kilo- of Hiroshima-sized nuclear weapons. Nor do I believe such testing is nec- many of our allies, that ratification of meters as being ‘‘off-limits.’’ As the treaty helps preserve American se- UNSCOM found with Iraq, any time a essary, not as long as America persists in investing sufficient resources in the curity by locking in our nuclear superi- country is given the right to designate ority and limiting the abilities of other sites as off-limits to inspectors, the in- Stockpile Stewardship Program. Yes, there are uncertainties about nations to match our nuclear capa- spection regime is undermined. bility. Our allies, who benefit from the In conclusion, the IMS and the in- the ability of the Stewardship Program security of the American nuclear um- spection regime is likely to be so weak over time to be successful. As the Di- brella, want the CTBT because they that I would not be surprised if coun- rector of Los Alamos National Labora- know it enhances, not detracts, from tries such as Iraq and North Korea did tory, John Browne, has testified, ‘‘the their security. not ultimately sign and ratify. Because average age of the nuclear stockpile is Yes, it is true that the treaty will of the technical impossibility of older than at any time in history, and not prevent proliferation absolutely. A verifying a zero-yield test ban, such nuclear weapons involve materials and country does not need to conduct nu- rogue regimes can credibly claim to ad- technologies found nowhere else on clear tests to have a nuclear capa- here to a fraudulent, unverifiable norm earth.’’ And as his colleague at the bility. But will it have a reliable weap- against testing without fear of ever Lawrence Livermore laboratories, ons system? I do not think so. getting caught. Bruce Tarter, stated, ‘‘the pace of Yes, it is true that the CTBT will not The only puzzling question for me, progress must be quickened. Much re- prevent a country from trying to hide Mr. President, is why, with a Vice mains to be accomplished, and the small scale nuclear tests. But I believe President who knows the truth quite clock is running.’’ well, does the Clinton administration Indeed, the United States has no al- that the international monitoring sys- continue to insist otherwise? ternative to the Stockpile Stewardship tem which will be in place as well as Mr. AKAKA. Mr. President, I rise in Program unless we want to return to the United States’ own national tech- support of the Senate giving its advice the level of nuclear testing that we saw nical means will be so extensive that and consent to the Comprehensive Test prior to President Bush ordering a any test will be detected. That country Ban Treaty (CTBT). moratorium on testing in 1992. will then be subject to an international Debate on the CTBT has unfortu- I ask unanimous consent that a chart inspection. Some suggest that the nately become politicized. It should demonstrating the number of United United States will not be able to gain not be. The series of hearings held in States nuclear tests, from July 1945 a consensus for such an inspection. I do the Armed Services Committee and the through September 1992, be printed in not see why not: it will be in the inter- Foreign Relations Committee were fair the RECORD following my remarks. est of all signatories to ensure that no and serious. I was impressed by the in- The PRESIDING OFFICER. Without countries violate the agreement. I can- telligent discussion and debate. But I objection, it is so ordered. not envision a majority of states not wish that we had heard more. As Sen- (See Exhibit 1.) agreeing to an inspection of a sus- ator HAGEL indicated in his statement Mr. AKAKA. The United States needs pected nuclear test. on the floor, we should not be com- to train people, design equipment, and I do not know if the CTBT will create pressing debate on this issue. We to invent new techniques if it is going a new international norm discouraging should hold more extensive hearings. to preserve the safety and reliability of nuclear weapons development. I do This treaty is about the future. It is its nuclear deterrent. The Stockpile know that the CTBT will make such about making a world more secure Stewardship Program can accomplish development technically more difficult from the threat of nuclear war. This all of these objectives. to do and politically more difficult to issue is too important, too important The Stockpile Stewardship Program deny. for the Senate of the United States not has had problems but it has made great Let me conclude by asking this sim- to have held hearing after hearing on progress. As Director Tarter noted, it ple question: do my colleagues who op- all aspects of the treaty. Such hearings has opened up new possibilities for pose the CTBT want our country to re- would, in my view, have better clari- weapons science not even contemplated sume nuclear testing? fied all the benefits of the Treaty. a few years ago. If not, then I suggest that the only I have supported the treaty, I con- This is the future: one of science, not course is to invest in the Stockpile tinue to support the treaty, and I will one of testing. Stewardship Program. I say, give

VerDate Mar 15 2010 21:55 Nov 01, 2013 Jkt 081600 PO 00000 Frm 00076 Fmt 0624 Sfmt 0634 E:\1999SENATE\S12OC9.REC S12OC9 mmaher on DSKCGSP4G1 with SOCIALSECURITY October 12, 1999 CONGRESSIONAL RECORD — SENATE S12405 American science a chance. Invest in 176 detonations (1980–1992) 14 detonations (1980–1992). Without such concrete assurances the future of weapons science, not in Note: Totals do not include two combat uses of nuclear weapons, which are not considered ‘‘tests.’’ The first combat detonations was a 15 kt weap- that this CTBT is dead, I will insist the past of weapons testing by ratify- on airdropped 08/05/45 at Hiroshima, Japan. The second was a 21 kt weap- that the Senate proceed as planned and ing the Comprehensive Test Ban Trea- on airdropped 08/09/45 at Nagasaki, Japan. vote down this treaty. ty. Mr. HELMS. Mr. President, yester- f EXHIBIT NO. 1 day President Clinton sent a written LEGISLATIVE SESSION request to the Senate asking that we U.S. U.S.–U.K. ‘‘postpone’’ a vote on the CTBT. In The PRESIDING OFFICER. Under Total tests by calendar Year: light of the President’s outburst on the previous order, the hour of 4:30 p.m. 1945 ...... 1 0 1946 ...... 2 0 Friday lashing out at Senate Repub- having arrived, the Senate will now re- 1947 ...... 0 0 licans, and his adamant declaration turn to legislative session. 1948 ...... 3 0 1949 ...... 0 0 that he would never submit a written f 1950 ...... 0 0 1951 ...... 16 0 request asking the Senate to withdraw AGRICULTURE, RURAL DEVELOP- 1952 ...... 10 0 the CTBT from consideration, his deci- 1953 ...... 11 0 MENT, FOOD AND DRUG ADMIN- 1954 ...... 6 0 sion to send just such a letter is inter- ISTRATION, AND RELATED 1955 ...... 18 0 esting. AGENCIES APPROPRIATIONS 1956 ...... 18 0 His letter, was a baby-step in the 1957 ...... 32 0 ACT, 2000—CONFERENCE REPORT 1958 ...... 77 0 right direction, insufficient to avert a 1959 ...... 0 0 The PRESIDING OFFICER. The Sen- 1960 ...... 0 0 vote on the CTBT today. The President 1961 ...... 10 0 is clearly playing poker with the Sen- ate will now resume consideration of 1962 ...... 96 2 the conference report to accompany 1963 ...... 47 0 ate, but he doesn’t have a winning 1964 ...... 45 2 hand, and I think he knows it. H.R. 1906, which the clerk will report 1965 ...... 38 1 by title. 1966 ...... 48 0 The President sent this letter only 1967 ...... 42 0 because he realizes he has failed to The legislative assistant read as fol- 1968 ...... 56 0 lows: 1969 ...... 46 0 make a compelling case for the treaty, 1970 ...... 39 0 and failed to convince two-thirds of the A bill (H.R. 1906) making appropriations 1971 ...... 24 0 for Agriculture, Rural Development, Food 1972 ...... 27 0 Senate that this treaty is in the na- 1973 ...... 24 0 tional interest. He knows that if we and Drug Administration, and Related Agen- 1974 ...... 22 1 vote on the CTBT today, the treaty cies programs for the fiscal year ending Sep- 1975 ...... 22 0 tember 30, 2000, and for other purposes. 1976 ...... 20 1 will be defeated. 1977 ...... 20 0 The Senate resumed consideration of 1978 ...... 19 2 His letter did not meet both the cri- 1979 ...... 15 1 teria set by me and others. For exam- the conference report. 1980 ...... 14 3 The PRESIDING OFFICER. The Sen- 1981 ...... 16 1 ple, he requested: (a) that the treaty be 1982 ...... 18 1 withdrawn and (b) that it not be con- ator from Mississippi is recognized. 1983 ...... 18 1 Mr. COCHRAN. Madam President, I 1984 ...... 18 2 sidered for the remainder of his presi- 1985 ...... 17 1 dency. am pleased to present to the Senate 1986 ...... 14 1 the conference report on H.R. 1906, the 1987 ...... 14 1 The President has repeatedly dis- 1988 ...... 15 0 missed the critics of this treaty as Fiscal Year 2000 Agriculture Rural De- 1989 ...... 11 1 velopment, Food and Drug Administra- 1990 ...... 8 1 playing politics. Look who’s talking. In 1991 ...... 8 1 his mind, it seems, the only reason tion, and Related Agencies Appropria- 1991 ...... 7 1 1992 ...... 6 0 anyone could possibly oppose this trea- tions Act. ty is to give him a political black eye. The conference agreement provides Total tests ...... 1,030 24 Total tests by location: Putting aside the megalomania in such total new budget authority of $60.3 bil- Pacific ...... 4 0 a suggestion, accusing Republicans of lion for programs and activities of the Johnston Island ...... 12 0 Enewetak ...... 43 0 playing politics with our national secu- U.S. Department of Agriculture with Bikini ...... 23 0 rity was probably not the most effec- the exception of the Forest Service, Christmas Island ...... 24 0 tive strategy for convincing those with which is funded by the Interior appro- Total Pacific ...... 106 0 priations bill. Total S. Atlantic ...... 3 0 substantive concerns about the treaty. Underground ...... 604 24 The fact is, we are not opposed to The Food and Drug Administration Atmospheric ...... 100 0 this treaty because we want to score and Commodity Futures Trading Com- Total NTS ...... 813 24 political points against a lame-duck mission are included also, and expenses Administration. We are opposed be- and payments of the farm credit sys- Central Nevada ...... 1 0 Amchltka, Alaska ...... 3 0 cause it is unverifiable and because it tem are provided. Alamogordo, New Mexico ...... 1 0 will endanger the safety and reliability The bill reflects approximately $5.9 Carlsbad, New Mexico ...... 1 0 Hattiesburg, Mississippi ...... 2 0 of our nuclear arsenal. The White billion more in spending than the fiscal Farmington, New Mexico ...... 1 0 House and Senate Democrats have year 1999 enacted level and $6.6 billion Grand Valley, Colorado ...... 1 0 Rifle, Colorado ...... 1 0 failed to make a compelling case to the less than the level requested by the Fallon, Nevada ...... 1 0 contrary. That is why the treaty is President. Nellis Air Force Range ...... 5 0 headed for defeat. It is $418 million less than the House- Total Other ...... 17 0 Of course, treaty supporters want to passed bill level and $391 million less Total tests ...... 1,030 24 preserve a way to spin this defeat into than the Senate-passed bill level. a victory, by claiming that they have I must point out that we, of course, Total tests by type: managed to ‘‘live to fight another are constrained with the adoption of Tunnel ...... 67 0 Shaft ...... 739 24 day.’’ That’s probably the same thing this conference report by allocations Crater ...... 9 0 they said after President Carter re- under the Budget Act. The bill is con- Total underground ...... 815 24 quested the SALT II Treaty be with- sistent with the allocations that have drawn. But they will be fooling no one been made to this subcommittee under Airburst ...... 1 0 Airdrop ...... 52 0 but themselves. the Budget Act, and it is consistent in Balloon ...... 25 0 Before this debate is over, it must be other respects with the Budget Act. Barge ...... 36 0 Rocket ...... 12 0 made clear that to one and all this The increase above the fiscal year Surface ...... 28 0 CTBT is dead—and that the next Presi- 1999 enacted level reflects the addi- Tower ...... 56 0 dent will not be bound by its terms. tional $5.9 billion which the adminis- Total atmospheric ...... 210 0 The next administration must be left tration projects will be required to re- Total underwater ...... 1,030 24 free to establish its own nuclear test- imburse the Commodity Credit Cor- Total tests ...... 1,030 24 ing and nuclear non-proliferation poli- poration for net realized losses. Total detonations by purpose: Joint US–UK, 24 detonations; Plowshare, 35 cies, unencumbered by the failed poli- The conference report also provides detonations; Safety Experiment, 88 detonations; Storage-Transportation, 4 cies of the current, outgoing adminis- an additional $8.7 billion in emergency detonations; Vela Uniform, 7 detonations; Weapons Effects, 98 detonations; Weapons Related, 883 detonations. tration. appropriations to assist agricultural

VerDate Mar 15 2010 21:55 Nov 01, 2013 Jkt 081600 PO 00000 Frm 00077 Fmt 0624 Sfmt 0634 E:\1999SENATE\S12OC9.REC S12OC9 mmaher on DSKCGSP4G1 with SOCIALSECURITY S12406 CONGRESSIONAL RECORD — SENATE October 12, 1999 producers who experienced weather-re- quested a recess. Because of some in- Appropriations for conservation pro- lated agricultural and market losses tractable issues, the House proposed to grams administered by the Natural Re- during 1999. bring the conference to a close without sources Conservation Service total $813 This was a difficult conference. We reconvening the conference committee. million, $13 million more than the met on two occasions. House conferees This was not a procedure I preferred, House bill level and $5 million more at one point asked for a recess in our but one that was necessary to reach a than level recommended by the Senate. deliberations to discuss some of the conference agreement on this appro- For rural economic and community difficult issues that were confronting priations measure so that it could be development programs, the conference the conferees. As a matter of fact, after approved by the Congress and sent to report provides appropriations of $2.2 the request for the recess for a con- the President as close as possible to billion to support a total loan level of ference among House conferees, we the start of the new fiscal year. I wish $7.6 billion. Included in this amount is never were able to get back into a for- to thank the ranking member of the $719 million for the Rural Community mal meeting with the House conferees. subcommittee, my colleague from Wis- Advancement Program, $640 million for It was an unusual procedure because of consin, Senator KOHL, and the chair- the rental assistance program, and a that. man of the House subcommittee, Con- total rural housing loan program level Negotiations took place Member to gressman SKEEN for their hard work on of $4.6 billion. Member, Senator to conferee among a this bill and their cooperation in A total of $1.1 billion is provided for lot of interested Members of the House achieving this conference product. foreign assistance and related pro- and Senate on a wide range of issues. I am pleased to report that this con- grams of the Department of Agri- Some of the most contentiously in- ference report provides increased fund- culture, including $113 million in new volved issues weren’t in the bill, one of ing of $51.9 million for activities and budget authority for the Foreign Agri- which was the dairy proposal for reau- programs in this bill which are part of cultural Service and a total program thorization of the Northeast Dairy the administration’s ‘‘Food Safety Ini- level of $976 million for the P.L. 480 tiative.’’ In addition, the conference re- Compact, and an authorization for ad- Food for Peace Program, $39 million port provides $649 million for the Food ditional regional compacts. above the budget request. There was a discussion of the Senate- Safety and Inspection Service, an agen- Total new budget authority for the passed provision relating to sanctions cy critical to maintaining the safety of Food and Drug Administration is $1.1 our food supply, $32 million more than and trying to change the policy by billion, $70 million more than the fiscal the fiscal year 1999 level. changing the statute with respect to year 1999 level and $5.1 million more the authority of the President to im- This conference agreement also pro- vides increased appropriations for agri- than the Senate-passed bill level, along pose unilateral sanctions against the with an additional $145 million in Pre- export of U.S. agricultural commod- culture research programs. An appro- priation of $834 million is provided for scription Drug Act and $14.8 million in ities. mammography clinics user fee collec- These involve situations where we the Agriculture Research Service, $49 tions. Included in the appropriation for are trying to influence the conduct of million more than the fiscal year 1999 salaries and expenses of the Food and other nations using interruption in level and $25 million more than the Drug Administration is the full $30 mil- trade from the United States to put Senate-passed bill level. Total funding lion increase requested in the budget pressure on these other countries. Sen- of $950 million is provided for research, for food safety, along with the Senate- ator ASHCROFT of Missouri had led the education, and extension activities of recommended increase of $28 million effort in the Senate to put language in the Cooperative State Research, Edu- for premarket approval activities. The the Senate bill on that subject. cation and Extension Service, $31 mil- The House conferees insisted on a lion more than the fiscal year 1999 level additional funding provided to the FDA provision that would have imposed spe- and $19 million more than the Senate- for premarket approvals will hopefully cial restrictions on trade with Cuba. passed bill level. enable the agency to speed up device, This ended up being a very difficult Approximately $35 billion, close to 58 drug, food additive, and other product issue to resolve, and finally was left percent of the total new budget author- review times to prevent unnecessary out of the conference report at the in- ity provided by this conference report, delays in getting new products to the sistence of the House. is for domestic food programs adminis- market. We tried to work out other disagree- tered by the U.S. Department of Agri- For the Commodity Futures Trading ments. culture. These include food stamps; Commission, $63 million is provided; We think that it is a balanced bill, commodity assistance; the Special and a limitation of $35.8 million is es- and it addresses a wide range of needs Supplemental Nutrition Program for tablished on administrative expenses of for funding for this next fiscal year— Women, Infants, and Children (WIC); the Farm Credit Administration. agricultural research, food and nutri- the school lunch and breakfast pro- Title VIII of this conference report tion programs, agricultural support grams; and the new school breakfast provides emergency relief to agricul- programs, conservation programs—try- pilot program funded at $7 million. The tural producers and others who have ing to insist that we do an effective job conference adopted an appropriations suffered weather-related and economic to protect the environment as it re- level of $4,032 billion for the WIC pro- losses. Senators may recall that during lates to agricultural production and gram, $6 million less than the Senate consideration of this bill in the Senate, the needs of production agriculture. bill level and $27 million more than the an amendment was adopted providing I hope the Senate will look with level recommended by the House. More over $7.6 billion in disaster assistance favor on the bill. The House adopted recent data on actual participation for agricultural producers. The con- the conference report on October 1, I rates and food package costs indicates ference agreement essentially retains believe, by a substantial margin. We that this appropriation will be suffi- the amendment adopted by the Senate hope the Senate will look with favor cient to maintain a 7.4 million average and provides $1.2 billion for 1999 crop and act accordingly. monthly WIC participation level in fis- losses for a total of $8.7 billion. Including Congressional budget cal year 2000. Included in the emergency assistance scorekeeping adjustments and prior- For farm assistance programs, the provided is: $5.54 billion for market loss year spending actions, this conference conference report provides $1.2 billion assistance; $1.2 billion for crop loss as- agreement provides total non-emer- in appropriations. Included in this sistance; $475 million for soybean pro- gency discretionary spending for fiscal amount is the full increase of $80 mil- ducers; $400 million for 2000 crop insur- year 2000 of just under $14 billion in lion above the fiscal year 1999 level re- ance discounts; $328 million for tobacco budget authority and $14.3 billion in quested by the administration for producers; $325 million for livestock outlays. These amounts are consistent Farm Service Agency salaries and ex- and dairy producers; $82 million for with the revised discretionary spending penses, as well as appropriations to producers of certain speciality crops; allocations established for this con- meet or exceed the fiscal year 2000 farm and reinstatement of the cotton step-2 ference agreement. operating and farm ownership loan lev- program. It was a difficult conference. After els included in the President’s budget On May 14 of this year, the conferees two meetings, the House conferees re- request. on the Hurricane Mitch and Kosovo

VerDate Mar 15 2010 21:55 Nov 01, 2013 Jkt 081600 PO 00000 Frm 00078 Fmt 0624 Sfmt 0634 E:\1999SENATE\S12OC9.REC S12OC9 mmaher on DSKCGSP4G1 with SOCIALSECURITY October 12, 1999 CONGRESSIONAL RECORD — SENATE S12407 supplemental appropriations bill in- tember 30, and was passed the following might expect, or perhaps the disaster cluded language in the statement of morning by the House of Representa- assistance is modified by the fact that managers recognizing the likelihood tives. Senate passage of this conference some $7.5 billion goes to the Midwest to that additional disaster assistance report today is the final step necessary compensate for low commodity prices. would be needed for agricultural pro- to send this fiscal year 2000 appropria- Only $1.2 billion is provided for natural ducers this year. The conferees called tions bill to the President for signature disasters. That $1.2 billion must com- on the Administration to submit re- into law. pensate not only for the drought but quests for supplemental appropriations I urge my colleagues to adopt this also the disasters including Hurricane once it determined the extent of the conference report. Many of our farmers Floyd, flooding in the Midwest, live- needs. and ranchers continue to face an eco- stock loss, and fishery loss. Pennsyl- In June, 21 Senators joined me in nomic crisis. Others continue to suffer vania alone has sustained $700 million writing the President to bring this from extreme weather conditions, in- in drought loss. The Mid-Atlantic statement of managers language to his cluding severe drought and flooding. It States have suffered $2.5 billion as a re- attention and to invite the administra- is time we act now to provide them sult of the drought this summer. tion to submit a request for supple- some relief and this conference report, Year after year, Northeastern and mental appropriations. As of today, we when signed into law, will do that. Mid-Atlantic Senators have supported have received no response to our letter The PRESIDING OFFICER. The Sen- massive aid packages to farmers in the nor a request for any funds for farmers. ator from Pennsylvania. Midwest—some $17 billion between Au- Other Members of Congress have made Mr. SPECTER. Madam President, at gust 1998 and June 1999. Now that the similar requests of the administration the outset, I compliment my distin- Mid-Atlantic farmers are facing a real with the same result. guished colleague from Mississippi for crisis, my view is the Congress has not On September 15, 1999, the Secretary the outstanding work that he has done provided sufficient compensation. of Agriculture testified before the as chairman of the Agriculture Sub- There is another issue of concern; House Agriculture Committee that the committee of Appropriations. that is, the amendment which I was estimated needs for crop losses was be- I have had the pleasure to work with prepared to offer in the conference. tween $800 million and $1.2 billion. This Senator COCHRAN for some 19 years Senator COCHRAN has accurately de- bill provides the full $1.2 billion that now. We have been on the sub- scribed the conference. It was rather the Secretary estimated was needed. committee together for that time and anomalous. While I understand that these esti- the full committee for that time. There At about 7:15, the House conferees mates were issued prior to Hurricane is no more difficult area in the Senate asked for a recess of 10 to 15 minutes. Floyd, it is my understanding that than working out a farm bill on the And more than an hour and a half later damage estimates are still being for- Agriculture appropriations bill be- they had not returned. mulated. cause, candidly, the farmers are faced Although many of the conferees A USDA press release dated Sep- with so many problems. These are sub- wanted to vote to extend the Northeast tember 17, 1999, states: jects very near and dear to my heart Dairy Compact and to allow Pennsyl- The Congress, along with the Clinton Ad- because I grew up in farm territory in vania, New York, Maryland, New Jer- ministration, is also currently working on the State of Kansas. I was born in sey, and Virginia to join, the leader- emergency farm legislation which, if en- acted, could offer additional assistance to Wichita and moved to Russell County, ship in the House was opposed. I be- farmers and ranchers in North Carolina, as KS, when I was 12, worked on a farm as lieve the Northeast Compact ought to well as other states affected by natural dis- a teenager, drove a tractor, and have be reauthorized, and a number of asters. some firsthand experience with the States, including Pennsylvania, ought I do not believe we should delay dis- problems which the agricultural com- to be permitted to join. aster assistance until these estimates munity has. Without going into elaborate argu- are complete. I believe we should take I am very much concerned with a ments, this is to provide price stability care of what we know is needed now number of provisions in the bill. I de- without any cost to the Government, and come back to address new esti- clined to sign the conference report, but to the benefit of consumers. The mates when they are received from the and with great reluctance because of price fluctuated from as much as $17.34 Administration. the hard work that the chairman has in December of 1998 to a little over $10 Mr. President, this administration done and others have done. I intend to in January of 1999. With that kind of does not deserve credit for one penny of vote against the conference report, al- instability, it is very difficult on the the emergency assistance in this bill. though I think there are enough votes farmers. It has been ‘‘sitting on the fence.’’ It present to pass it. There is a cloture There is another issue about option has submitted no requests for funding, motion pending. The issue has been 1–A which some 60 Senators and 240 nor offered any assistance in formu- raised as to whether there would be an House Members have recommended; lating this plan. attempt to filibuster. It may be that contrary to that very large majority, Other Senators may be concerned the issues can be worked out without a the Secretary of Agriculture proposed that this legislation does not contain filibuster. I hope the issues can be a rule which was different, 1–B. Dairy legislative provisions regarding dairy worked out. But if the filibuster vote compact legislation was offered on or to relax unilateral sanctions on food comes up I will vote against cloture to April 27, 1999, by Senators JEFFORDS and medicine. Senators should remem- continue the consideration of this and LEAHY. I joined with 40 cosponsors. ber that neither the House nor the Sen- issue, even though I realize fully the When the Senate considered the issue ate versions of this bill included legis- importance of resolving our appropria- of dairy pricing and compacts on Au- lative provisions regarding dairy pol- tions bills in the very immediate fu- gust 4, 1999 on a vote for cloture, we re- icy. Therefore, it was beyond the scope ture. ceived 53 votes—short of the 60 major- of this conference. The reasons that I am concerned ity. With respect to sanctions reform, about the provisions of the bill relate It is my hope yet we will work out this Senator supports sanctions reform to two issues. the compact for the Northeastern like the majority of other members First, it is my view that Mid-Atlan- United States and also the 1–A pricing. who voted for the sanctions amend- tic States, and my State of Pennsyl- These are matters which impact very ment during Senate consideration of vania specifically, have not gotten a heavily upon my State and upon the this bill, but an appropriations bill is fair share of the disaster assistance. farmers far beyond my State as a na- not the right vehicle for the enactment The Agriculture appropriations bill tional matter. of this large policy issue. Further, on provides for $8.7 billion in disaster as- With reluctance, I intend to vote July 26, the Senate voted 53 to 45 to re- sistance. But the vast majority of this against the conference report and to instate rule 16, which prohibits legis- money goes to farmers in the Midwest support the postcloture for extended lating on an appropriations bill. to compensate for low commodity debate to try to bring about greater eq- Mr. President, this conference report prices. It may be that the disaster as- uities. was filed on Thursday night, Sep- sistance is a broader category than you I yield the floor.

VerDate Mar 15 2010 21:55 Nov 01, 2013 Jkt 081600 PO 00000 Frm 00079 Fmt 0624 Sfmt 0634 E:\1999SENATE\S12OC9.REC S12OC9 mmaher on DSKCGSP4G1 with SOCIALSECURITY S12408 CONGRESSIONAL RECORD — SENATE October 12, 1999 The PRESIDING OFFICER. The Sen- part of trying to make the market rushed to the floor to defend himself. I ator from Nebraska is recognized. work to enable people who are running am not saying that Freedom to Farm Mr. KERREY. Madam President, I cow-calf operations and feedlot oper- has caused the problem. I am simply rise in support of the conference re- ations to get good price discovery. It is saying I do think it is time to reexam- port, though I have many of the same simply a way to ensure that the re- ine it. We should do it in a calm and bi- reservations I heard the Senator from structuring that is going on in the in- partisan fashion. This Freedom to Pennsylvania express. I was not dustry doesn’t prevent the kind of Farm is getting more and more expen- present to hear the comments of the price discovery needed in order to get a sive with fewer and fewer satisfied cus- Senator from Mississippi, but I suspect good market functioning. tomers. he has reservations about the con- Last, I think this growing require- Last, I also hope the Senate Agri- ference report, as well. ment to come back to Congress to fund culture Committee will be able to re- As was pointed out, the conference disaster programs underscores the ur- solve some differences that we have was adjourned as a result of the deci- gency of reexamining the Freedom to over crop insurance and we can enact sion by the House not to come back. Farm contract that was not supposed crop insurance reform yet this year. Many matters that were not in this to expire until 2002. Remember, in 1996, The Senate conference with the House conference report such as sanctions, we promised the Freedom to Farm bill has already taken action. This is by no probably would have been in the re- would be a lot less expensive than pre- means the only thing we need to do to port. My guess is we are moving toward vious farm bills. We have already spent help people manage the risk, but Sen- some kind of resolution of that par- more than we anticipated for the entire ator ROBERTS and I have listened to ticular issue that did not make it into 7 years of the program in the first 4 farmers, written a bill, we have almost the conference report. years alone. Obviously, we are not 20 cosponsors, a majority of people on We did not get additional money in done. We are heading to a point where the Agriculture Committee. The distin- the legislation for Farm Service Agen- we will spend as much as we did at the guished chairman of the committee has cy employees. I think we will need peak of the 1980s. some terrific ideas, as well, incor- that. I don’t think it is fair to ask the Talking to farmers where I come porated in his legislation. Farm Service Agency to find the from in Nebraska, I am hard pressed to My hope is, with 14 legislative days money from other programs, that basi- find many that think Freedom to Farm remaining, we can pass that out of the cally the farmers will have to pay to has worked. They are not very enthusi- Senate Agriculture Committee and deliver this program themselves. astic about getting another big check take it up on the floor, pass it here, get There was an effort to get—and I from the Government. They would it to conference with the House, and think we have succeeded—bipartisan rather have modifications in the farm get that signed and on to the Presi- support to provide some resources for a bill similar to what the Nebraska corn dent. There is money in the budget to very heavily attacked sector of our ag- growers presented to the House agri- do it. There is money in the disaster ricultural economy, the hog industry, cultural committee hearing in Ne- program to make it easier for people to where there are not only low prices but braska, saying bring back the farmer afford the premiums. It is consistent with what most of us also significant structural changes loan reserve, uncap the loan rates, have been talking about in terms of going on. We had an innovative pro- make some adjustments in the center trying to give the farmers something posal for cooperatives that enabled on trade, on sanctions. There are lots they can use to manage their risk. Members to come up with a win-win so- of things that can be done to make the lution without having to put a bunch of I say finally, I appreciate very much program better. My hope as we con- the difficulty the distinguished chair- money in the program and enabled sider this additional disaster payment man of this subcommittee has had. Congress to use some ideas that this is that we understand there is a way to Senator COCHRAN had no easy task of very important part of our agricultural operate this farm program and spend a trying to produce a conference report. sector had worked out on their own. I lot less money. There are things in it I would love to regret that is not in this legislation. In all the talk about the failed farm There are a number of other things I change. I know I cannot change them. policies of the past, we never spent But I will vote for this legislation and would prefer to see included, and as a more than $6 billion a year through the hope the President will sign it and consequence I was disappointed that 1970s when we had a system called nor- hope it gets into law as quickly as pos- the conferees were not able to com- mal crop acreage. It was not the heavy sible so cash can get into the hands of plete their work. Nonetheless, this is hand of government. There was a single people who desperately need it in order an extremely important piece of legis- base planted; farmers had flexibility to survive. lation for Nebraska. I appreciate in the coming in. If farmers wanted to have Mr. JEFFORDS addressed the Chair. Northeast there are some concerns Freedom to Farm, they didn’t have to The PRESIDING OFFICER (Mr. ROB- there may not be a sufficient amount sign up for the farm program. It ought ERTS). The Senator from Vermont. Who of resources in this bill to satisfy con- to be voluntary. We had a program in yields time to the Senator from cerns, but the problem, of course, is the 1970s that was a lot more efficient, Vermont? that most of the disaster occurs as a a lot less costly, and a lot more flexible Mr. COCHRAN. Mr. President, on be- consequence of problems with low for the farmer. This is getting more half of the leaders on this side, I yield prices that are affecting the feed grain and more complicated, more and more such time as he may consume to the section, and rice and cotton as well. difficult, with more and more trips to distinguished Senator from Vermont. That is where the big money is. Most of the Farm Service Agency than any- The PRESIDING OFFICER. The Sen- the crops are not grown in the North- body anticipated. ator from Vermont is recognized. east and that tends to produce appar- My hope, as we debate this con- Mr. JEFFORDS. Mr. President, I ent inequities. There is almost nothing ference report, is that one of the things thank the chairman of the sub- we can do about that kind of inequity. we start to consider is that in 2000 the committee for all his tremendous work In the legislation I appreciate the in- Senate Agriculture Committee needs on this bill. Most of what I wanted, clusion of mandatory price reporting. to take up, as the House Agriculture however, did not succeed. It was not The chairman and I had a little col- Committee will do, the question of because of his lack of effort. He has put loquy on that a year or so ago. I appre- whether or not we ought to rewrite a tremendous amount of time in trying ciate that being included in this legis- Freedom to Farm in order to not only to make the bill more acceptable to lation. A great deal of effort has been save the family farm but also to save those of us who live in the Northeast. made in the meantime since last year’s the taxpayer getting repeatedly hit for It is with great disappointment that Agriculture appropriations bill be- the bills of agricultural disasters that I stand before the Senate to express my tween lots of different sectors of the in- may not be created by Freedom to reasoning for opposing the fiscal year volved economy: the livestock pro- Farm. 2000 Agriculture appropriations bill, ducers, packers, and feedlot operators. I see my good friend down here, Sen- the bill that provides funding for agri- I appreciate that is in the legislation ator ROBERTS of Kansas. He heard me culture programs, research and serv- because I think it is a very important talking about Freedom to Farm and he ices for American agriculture.

VerDate Mar 15 2010 21:55 Nov 01, 2013 Jkt 081600 PO 00000 Frm 00080 Fmt 0624 Sfmt 0634 E:\1999SENATE\S12OC9.REC S12OC9 mmaher on DSKCGSP4G1 with SOCIALSECURITY October 12, 1999 CONGRESSIONAL RECORD — SENATE S12409 In addition, the bill provides billions contrary to the will of Congress. The Thanks to the leadership of Chair- of dollars of aid for farmers and ranch- Nation’s dairy farmers are counting on man COCHRAN, the Senate stood firm on ers throughout America who have en- this Congress to prevent the dairy in- these important dairy provisions in dured natural and market disasters. dustry from being placed at risk, and conference. For days he worked hard to However, and most unfortunately, it to instead secure its sound future. hold the line to include these. His neglects our Nation’s dairy farmers. Secretary Glickman’s final pricing farmers should be very appreciative of I understand the importance of fund- rule, known as Option 1–B, was sched- his efforts to bring about another com- ing these programs and the need to uled to be implemented on October 1 of pact of a demonstration program for provide relief for farmers. However, this year. However, the U.S. District the Southeast. The Southeast is an- dairy farmers throughout the country Court in Vermont has prevented the other special area of the country that and the drought stricken Northeast flawed pricing rule from being imple- needs help just to organize their pric- and mid-Atlantic regions have been ig- mented by issuing a 30 day temporary ing system better to help farmers sur- nored in this bill. For these reasons, I restraining order on Secretary Glick- vive. must vote against this bill. man’s final rule. The court finds that Although the House would not allow The Agriculture appropriations bill the Secretary’s final order and decision the provisions to move forward, both provides $8.7 billion in assistance to violates Congress’ mandate under the Chairman COCHRAN and Senator SPEC- needy farmers across the country. I be- Agriculture Marketing Agreement Act TER led the fight for the dairy provi- lieve they should receive the help of of 1937 and the plaintiffs who represent sions. Farmers from Mississippi and the Federal Government. What is trou- the dairy farmers would suffer imme- Pennsylvania should be proud of the bling is that dairy farmers are not ask- diate and irreparable injury from im- work and commitment of their Sen- ing for Federal dollars, but instead are plementation of the Secretary’s final ators. asking for a fair pricing structure for decision. In fact, dairy farmers throughout the their products, at no cost to the Gov- The temporary restraining order country should be thankful for the tre- ernment. issued by the U.S. district court has mendous support their livelihoods have The drought-stricken Northeastern given Congress valuable additional received from Chairman COCHRAN, Sen- States are not asking for special treat- time to correct Secretary Glickman’s ator SPECTER, Senator BOND, and oth- ment, just reasonable assistance to rule. ers on the Agriculture appropriations We must act now. With the help of help deal with one of our region’s worst conference. Since then, there have been the court, Congress can now bring fair- drought. opportunities supported by the Senate ness to America’s dairy farmer and Weather-related and market-related to extend the compact and both times consumers. disasters do occur and we must as a na- it failed because of lack of support in tion be ready help those in need. In Instead of costing dairy farmers mil- lions of dollars in lost income, Con- the other body. Vermont, in times of need, a neighbor gress should take immediate action by With the Senate’s leadership, the does not have to ask another for help. extending the dairy compact and dairy provisions had a fighting chance Vermonters are willing to help, wheth- choosing Option 1–A. in the conference committee. Unfortu- er it is plowing out a neighbors snow The Agriculture appropriations bill nately, time and time again House covered driveway or delivering hay to which includes billions of dollars in Members rebutted our efforts to in- Midwestern States during one of their disaster aid seemed like the logical clude Option 1–A and include our dairy worst droughts, which we did some place to include provisions that would compacts in this bill. years ago to save Wisconsin and Min- help one of this country’s most impor- If not for the actions of the House nesota from terrible problems. tant agricultural resources without conferees dairy farmers could embrace This summer weather conditions in any cost to the Federal Government. this bill. the Northeastern and mid-Atlantic put Giving farmers and consumers a reli- The October 1, 1999, deadline for im- a tremendous strain on the region’s ag- able pricing structure and giving the plementation of the Secretary’s rule ricultural sector. Crops throughout the States the right to work together at no has come and gone, but with the help region were damaged or destroyed. cost to the Federal Government to of the district court, Congress still has Many farmers will not have enough maintain a fresh supply of local milk is time to act. feed to make it through this winter. a noble idea, and it is a basic law of We must seize this opportunity to Water for livestock and dairy oper- this Nation. correct the Secretary of Agriculture’s ations dried up, decreasing production It is an idea that Congress should be flawed pricing rules and at the same and health of the cows. working towards. Instead, a few Mem- time maintain the ability of the States The Northeastern and mid-Atlantic bers in both the House and Senate con- to help protect their farmers, without States were not asking for much. Just tinue to block the progress and inter- additional cost to the Federal Govern- enough assistance to help cope with est of both consumers and dairy farm- ment, through compacts. the unpredictable Mother Nature. ers. I understand the significance of the America’s dairy farmers need relief This Congress has made its intention disaster aid in this bill and do not want of a different kind. There is no need for abundantly clear with regard to what to prevent the farmers and ranchers the expenditure of Federal funds. Com- is needed for the new dairy pricing throughout the country from receiving modity farmers are asking the govern- rules. Sixty-one Senators and more this aid. However, in order to protect ment for relief from natural and mar- than 240 House Members signed letters dairy farmers in my State, as well as ket disasters. Dairy farmers are asking to Secretary Glickman last year sup- farmers throughout the country, I for relief from the promised Govern- porting what is known as Option 1–A, most oppose this bill. ment disaster in the form of a fair pric- for the pricing of fluid milk. Mr. President, I yield the floor. ing structure from the Secretary of Ag- On August 4 of this year, you will re- Mr. DORGAN addressed the Chair. riculture. That is all we are asking. call the Senate could not end a fili- The PRESIDING OFFICER. The Sen- Unless relief is granted by correcting buster from the Members of the upper ator from North Dakota. the Secretary’s Final rule and extend- Midwest, but did get 53 votes, showing Mr. DORGAN. Mr. President, how ing the Northeast Dairy Compact, a majority of the Senate supports Op- much time remains on this side? dairy farmers in every single State will tion 1–A and keeping the Northeast The PRESIDING OFFICER. The mi- sustain substantial losses, but not be- Dairy Compact operating. Most re- nority has 20 minutes 50 seconds. cause of Mother Nature or poor market cently, the House passed their version Mr. DORGAN. Mr. President, I yield conditions, but because of the Clinton of Option 1–A by a vote of 285 to 140. myself such time as I may consume. administration and a few here in Con- Both the House and Senate have The PRESIDING OFFICER. The Sen- gress have prevented this Nation’s given a majority vote on this issue. ator is recognized. dairy farmers from receiving a fair Thus, I felt very hopeful that its inclu- Mr. DORGAN. Mr. President, we are deal. sion would have been secured in the going to be voting on the cloture mo- Unfortunately, Secretary Glickman’s Agriculture appropriations bill or some tion on the Agriculture appropriations pricing formulas are fatally flawed and other place. conference report. I come without

VerDate Mar 15 2010 21:55 Nov 01, 2013 Jkt 081600 PO 00000 Frm 00081 Fmt 0624 Sfmt 0634 E:\1999SENATE\S12OC9.REC S12OC9 mmaher on DSKCGSP4G1 with SOCIALSECURITY S12410 CONGRESSIONAL RECORD — SENATE October 12, 1999 great enthusiasm for this bill, although Senator from Mississippi, Mr. COCHRAN, and assume that the RECORD stretched I admit there is much in this bill that who chaired it on our side, did the on for hours for the praise I would put is important and necessary. The proc- right thing. He opened it up for amend- upon his shoulders. Actually, I do not ess by which this conference report ments. We had an amendment, had a say that as facetiously as it may comes to the Senate is a horribly vote, and the vote did not turn out sound. flawed process. right for some other folks in the con- I have served here for a lot of years. We face a very serious farm crisis. ference, so they decided to adjourn. I know of no Senator who is a finer Part of this legislation deals with that That was it. Never heard from them Senator, with more integrity or great- crisis. This appropriations bill deals again. Then the leadership decided to er abilities than the senior Senator with the routine appropriations that put together this bill, and they coupled from Mississippi. On top of that, he is we provide each year for a range of im- together a conference report. And so one of the closest friends I have in the portant things that we do in food safe- here it rests now for our consideration. Senate. I know he has driven mightily ty and a whole range of issues at the I am not enthusiastic about it. in this bill to include a lot of things U.S. Department of Agriculture and But having said that, I likely will necessary for parts of the country, elsewhere dealing with agricultural re- support it because farmers need emer- staying within the caps. search and more. But it also deals with gency help, and they need it now. I do My concern is one in the Northeast, what is called the emergency piece in want to say that as harsh as I was that while we hear of talk about the Agriculture appropriations bill to about this process—and it was an awful supplementals to help us later on—the respond to the emergency in farm process—I made it clear some weeks administration or whoever saying, the country these days. ago, when I talked about this, that check is in the mail—this does not help We have seen prices collapse. We Senator COCHRAN from Mississippi was us. In my little State of Vermont, we have seen flooding in North Dakota of not part of the reason this process did have witnessed over $40 million just in 3 million acres that could not be plant- not work. On our side, he chaired the drought damage. Most of our feed ed this spring. We have seen some of conference. And he did, I think, what grains were lost this year. Without the worst crop disease in a century. We should have been done. He opened it up some assistance, many of our farmers have seen substantial problems with for discussion, the offering of amend- are not going to make it through the the import of grain coming into this ments, and to hold votes. That is ex- winter. In the last 2 years, they have country that has been traded unfairly. actly the way conferences should work. suffered through an ice storm where it We have seen the shrinking of the ex- I applaud the Senator from Mississippi. dropped to 30 below zero. There has port market with financial problems in As always, even under difficult cir- been flooding and two summers of drought. Asia. The result has been a buffeting of cumstances, he is someone with whom Congress authorized $10.6 billion in family farmers in a very tragic way, I enjoy working and someone for whom disaster payments in fiscal year 1999. many of whom are hanging on by their I have great respect. The Northeast and the Mid-Atlantic fingertips wondering whether they will But in this circumstance, we must got 2.5 percent of that. Today or to- be able to continue farming. pass some emergency help for farmers. morrow we will likely pass $8.7 billion We attempted to include some emer- This bill contains some of that emer- in disaster assistance. Our farmers will gency provisions in this piece of legis- gency help. It fails to contain other lation. This legislation does, in fact, get about 2 cents out of every dollar. things that I think are very important. According to Secretary Glickman, contain emergency help for family It seems to me, all in all, on balance, the drought resulted in a total of $1.5 farmers. I wish it contained that help this legislation will probably proceed to $2 billion in damages already this in a different manner than it does. It forward; the President will sign it; we year. The recent rains did not alleviate contains it in a payout called the will get some help out to family farm- that. Our farmers need additional fund- AMTA payment. This bill will actually ers; and come back again and see if we ing now that is targeted for crop, feed, double the AMTA payment. can provide some additional assistance and livestock losses caused by the The problem with that is there will when prices collapse and when that as- drought. We need drought funding for be a fair number of people across the sistance is necessary. the crop loss disaster assistance pro- country who will receive payments who It is especially the case we will need gram to help cover crop losses, live- are not even farming, are not even pro- additional disaster help. I do not think stock feed assistance to address feed ducing anything, yet they are going to the $1.2 billion will do the job that is shortages, the Emergency Conserva- get a payment. There will be people in necessary all around the country to re- tion Program to restore failed water this country who will get payments of spond to disasters. Senator CONRAD has supplies. up to $460,000. I expect taxpayers are described on the floor, as have I, the 3 Without funding targeted drought re- going to be a little miffed about that. million acres that did not get planted covery, most of the $1.2 billion will So $460,000 to help somebody? That is a this spring because of flooding. Those likely go to the Southern States to re- crisis? That is not a family farm where producers need help. To be a farmer cover from Hurricane Floyd. And they I live. Taking the limits off, and allow- and not to be able to farm, having all need that funding. I am not asking we ing that kind of payment to go out, in of your land under water, that is what take that funding away from them. I my judgment, is a step backward. I call a disaster. The amount of money am asking we take care of their needs, Most important, the Senate passed, in this bill is not enough to deal with but let’s not neglect the needs of the by 70 votes, a provision that says: Let all of these issues all around the coun- Northeast and the mid-Atlantic States. us stop using food as a weapon. Let us try, so I think we are going to have to I wish we would vote against cloture. no longer use food and medicine as part come back and add to that and try to Then the President would say, wait a of the embargoes that we apply to provide the resources that are nec- minute, maybe we ought to put to- those countries and governments essary. gether a supplemental request for vic- around the world that we think are be- But again, let me yield the floor be- tims of Hurricane Floyd, so the $1.2 bil- having badly. By 70 votes, this Senate cause I know others would like to lion in the Agriculture appropriations said: Let us stop using food as a weap- speak. I say to my colleague from Mis- bill could be used for drought relief. on. Let us not use food and medicine as sissippi, I appreciate the fair manner in We in the East, east coast Senators, part of an embargo. This conference re- which he proceeded. Northeast Senators, have always been port does not include that provision be- Mr. LEAHY addressed the Chair. there to vote for disaster assistance for cause it was dropped. That is a step The PRESIDING OFFICER. The dis- other parts of the country, even though backward, in my judgment. We ought tinguished Senator from Vermont is it has not affected us: earthquake as- to have adopted the Senate provision recognized. sistance for California, flood assistance that says: Let us not use food as a Mr. LEAHY. I thank the distin- for the Mississippi Valley, drought as- weapon. Let us stop using food as part guished Senator from Kansas. sistance in the Upper Plains. of an embargo. Mr. President, I know time is lim- When I became chairman of the Agri- There was no conference. It started. ited, so I would ask the indulgence of culture Committee, I brought the Agri- It went on for a couple of hours. The the senior Senator from Mississippi culture Committee out to North and

VerDate Mar 15 2010 21:55 Nov 01, 2013 Jkt 081600 PO 00000 Frm 00082 Fmt 0624 Sfmt 0634 E:\1999SENATE\S12OC9.REC S12OC9 mmaher on DSKCGSP4G1 with SOCIALSECURITY October 12, 1999 CONGRESSIONAL RECORD — SENATE S12411 South Dakota and elsewhere to empha- The Northeast Compact does not cost The heightened interest and support at the size why we needed drought relief, even taxpayers a single cent. state level for dairy compacts is based large- though what we did was going to cost This is very different from the costli- ly on the outstanding accomplishments of ness of many farm programs—including the Northeast Dairy Compact. There is rec- us in the Northeast. Drought relief for ognition in the dairy industry that states Kansas or any other place cost us in in- many which are being funded through must work together to strengthen their rural creased feed prices, in taxes. But we did this appropriations bill. If you support economies and ensure fresh, local supplies of it because it was the right thing to do. farmland protection programs, dairy milk to their urban areas. We have done it in cases of hurricane compacts are the answer. Major envi- The Grange letter notes that ‘‘the assistance for Texas, Louisiana, North ronmental groups have endorsed the Northeast Compact has been extremely and South Carolina, Florida, Georgia, Northeast Dairy Compact because they successful in meeting this goal by bal- and other States. All we would like is know it helps preserve farmland and ancing the interests of processors, re- somebody to step back and say, wait a prevent urban sprawl. In fact, the New tailers, consumers, and dairy farmers.’’ minute, why don’t we get back to the Times reported on the importance of The Grange goes on to support the administration and say, what are you the Compact for the environment. In Southern Dairy compact since a South- going to request so this actually takes an article entitled ‘‘Environmentalists ern Compact would ‘‘provide dairy care of everyone. Supporting Higher Milk Price for farmers in that region with a stable Obviously, I was disappointed that Farmers’’ it was explained that keep- price structure for the milk they we did not have extended the Northeast ing farmers on the land maintains the produce while assuring the region a Interstate Dairy Compact. But my con- beauty of New England. viable supply of locally produced cern would be the same today, whether And if you are concerned about the milk.’’ I want to repeat that OMB stud- it was there or not, because of the impact of prices on consumers, re- ied the Compact and concluded that drought issues. I am concerned that gional dairy compacts are the answer. consumer prices in the region were on lifting the Cuban embargo for food and Retail milk prices within the compact average five cents lower per gallon medicine that was passed by the Sen- region are lower on average than in the than the average for the rest of the na- ate by 74 or 75 votes, the Ashcroft rest of the nation. I would be pleased to tion and that farm income had in- amendment, was not included. compare retail milk prices in New Eng- creased significantly. OMB also re- I would like to take a moment to re- land against retail milk prices in the ported that the Compact put more iterate the importance of the North- Upper Midwest. pregnant women, infants, and children east Interstate Dairy Compact and my A GAO report, dated October, 1998, on the WIC program than would have disappointment that its extension is compared retail milk prices for various been the case without the Compact. not in this bill. The Northeast Inter- U.S. cities both inside and outside the The Compact has also been challenged state Dairy Compact has proven itself Northeast Compact region for various in court and has been upheld as con- to be a successful and enduring part- time periods. For example, in February stitutional. nership between dairy farmers and con- 1998, the average price of a gallon of The Compact does not harm other sumers throughout New England. whole milk in Augusta, ME, was $2.47. States. Contrary to what some oppo- Thanks to the Northeast Compact, the The price for Milwaukee, WI, was $2.63/ nents may suggest, the Dairy Compact number of farmers going out of busi- gallon. Prices in Minneapolis, MN, did not cause a drop in milk production ness has declined throughout New Eng- were much higher—they were $2.94/gal- in other regions of the country such as the Upper Midwest. In fact, in 1997, land—for the first time in many years. lon. Let’s pick another New England Wisconsin had an increase in produc- If you are a proponent of states’ rights, city—Boston. In February 1998, the tion of 1.7 percent while the Compact regional dairy compacts are the an- price of a gallon of milk was $2.54 as was in operation. This fact refutes an- swer. Compacts are state-initiated, compared to Minneapolis, MN, which other incorrect criticism of the Com- state-ratified and state-supported pro- was $2.94/gallon. Let’s look at the cost pact. Contrary to allegations of Com- grams that assure a safe supply of milk of 1 percent milk for November 1997, for pact opponents, interstate trade in for consumers. another example. milk has greatly increased as a result Indeed, half the Governors in the na- In Augusta, ME, it was $2.37/gallon, of the Compact according to OMB. tion, and half the state legislatures in the same average price as for Boston Milk sales into the Compact region in- the nation, asked that the Congress and for New Hampshire and Rhode Is- creased by 8 percent—since neighboring allow their States to set their own land. In Minnesota, the price was $2.82/ New York and other farmers wanted to dairy policies—within federally man- gallon. I could go on and on comparing take advantage of the compact. dated limits—through interstate com- lower New England retail prices with It should also be noted that farmers pacts. And the dairy compact passed higher prices in other cities for many in the Compact region are now milking with overwhelming support in these different months. I invite anyone to re- about the same number of cows over States—in Arkansas, for instance, the view this GAO report. It is clear that the past couple of years—they did not Compact passed the Senate with a vote our Compact is working perfectly by suddenly expand their herds to take ad- of 33 to 0 and the House passed it with benefiting consumers, local economies vantage of the Compact as opponents a vote of 91 to 0. In North Carolina, the and farmers. This major fact, that in had incorrectly feared. Comparing Compact passed the Senate with a vote many instances retail milk prices in Vermont’s milk cows and production of 49 to 0 and passed the House with the the Compact region were much lower from April of last year to April of this overwhelming majority of 106 to 1. than in areas in the Upper Midwest, year, note that Vermont’s milk produc- Clearly, there is tremendous support has been ignored by our opponents. I tion did increase—but by only 2.6 per- for dairy compacts in these states. would also like to point out that before cent. This is slightly less than the in- Since the Federal policies are not the Compact, New England lost 20 per- crease for Wisconsin. However, the working to keep farmers in business, cent of its dairy farms from 1990 to number of cows being milked remained these states acted to make sure that 1996—we lost one-fifth of our farms in the same for Vermont. Farmers were dairy farmers stay in business so that just 6 years. If farms had kept going not buying more cows and expanding consumers can be assured of fresh, under at that rate, the prices of milk their operations under the Compact, local supplies milk. If you support in stores could have dramatically in- and production increases were less interstate trade, the Northeast Dairy creased. than other States. Compact has proven itself to be the an- In June I received a letter from the So if all these points are refuted by swer. Once the Compact went into op- National Grange strongly supporting the facts, what is the real agenda of eration, the Office of Management and the Northeast Dairy compact. They those from the Upper Midwest? Based Budget reported an 8 percent increase represent 300,000 members nationwide, on newspaper accounts from the Upper in sales of milk into the compact re- and I want to read a few lines from Midwest, I think I know the answer. I gion from New York and other neigh- their letter. It states that ‘‘regional know that the Upper Midwest mas- boring States to take advantage of the dairy compacts offer the best oppor- sively overproduces milk—they higher prices. If you support a balanced tunity to preserve family dairy farms.’’ produce far more than they can con- budget, dairy compacts are the answer. It continues by stating that: sume—and thus want to sell this milk

VerDate Mar 15 2010 21:55 Nov 01, 2013 Jkt 081600 PO 00000 Frm 00083 Fmt 0624 Sfmt 0634 E:\1999SENATE\S12OC9.REC S12OC9 mmaher on DSKCGSP4G1 with SOCIALSECURITY S12412 CONGRESSIONAL RECORD — SENATE October 12, 1999 in the South. They do not even at- have helped dairy farmers throughout say. They do not believe they really tempt to refute the point that they are America. The President of NFU, Leland have been in the picture when it comes trying to sell their milk outside the Swenson, discussed the recent loss of to disaster relief. I make a commit- state. However, it is very expensive to millions of dollars by dairy farmers ment, as a Senator from the Midwest, ship milk because milk weighs a lot, it ‘‘when the milk price suddenly dropped to fight very hard with them to do bet- has to be refrigerated, and the trucks by 37 percent’’ in 1 month. In a letter ter on disaster relief before we leave come back empty. I have read press re- to many Members of Congress, he here over the next 4 weeks or 5 weeks. ports about how they want to dehy- pointed out that ‘‘family dairy pro- As a matter of fact, I have a lot of con- drate milk—take the water out of ducers will be subject to even greater cerns about this disaster relief bill as milk—and then rehydrate it by adding economic disaster when the support well and this financial package. I am water in distant states. price is completely phased out at the not sure the farmers in northwest Min- The Minneapolis Star Tribune ex- end of the year.’’ The National Farm- nesota are going to figure in. We have plained that Minnesota farmers want ers Union came up with an idea that had a lot of wet weather. They haven’t to sell ‘‘reconstituted milk in Southern would greatly benefit farmers in the been able to plant their crops. markets.’’ The article from February Upper Midwest, the South, the West, I am very worried that they actually 12, 1992, points out that ‘‘technology the Northeast and the rest of the coun- are not going to get this disaster as- exists for them to draw water from the try. As their letter states, the proposal sistance. I also worry about the for- milk in order to save shipping costs, ‘‘will also help consumers by ensuring mula. Altogether, this is an $8.7 billion then reconstitute it.’’ a steady supply of fresh milk and qual- relief package. I worry about the way Regular milk needs refrigeration and ity dairy products at reasonable in which it is delivered. As I have said weighs a lot and is thus expensive to prices.’’ before, I think the AMTA payments all ship. Also, only empty tanker trucks The NFU proposal consisted of: dairy too often go to those least in need can come back since nothing else can compacts for the South and the North- without enough going to those most in be loaded into the milk containers. But east; amendments to the federal order need. dehydrated milk can be shipped in system that help farmers; and, third, a Finally, on the negative side, this is boxes. By taking the water out of milk, dairy price support at $12.50 per hun- all a very painful way of acknowl- the Upper Midwest can supply the dredweight. NFU concludes by saying edging that our farm policy is not South with milk. that this proposal would ‘‘provide a working. It is a price crisis. Our farm- I realize that according to a St. Louis meaningful safety net for dairy farmers ers can’t make it on these prices. We Post-Dispatch article in 1990 that throughout the nation.’’ Compacts for are going to lose a whole generation of ‘‘Upper Midwest farmers say techno- the Northeast and the South, a good producers unless we get the loan rate logical advances in making powdered support price for the Upper Midwest, up and get prices up and unless we have milk and other concentrates has im- the Midwest, Florida, the Southwest, a moratorium on these acquisitions proved the taste and texture of recon- and the West, and reform to Federal and mergers. I am determined to have stituted milk.’’ However, the House order system. All three components a vote on the moratorium bill. I am de- National Security Committee had a would have helped dairy farmers in termined to have a vote on doing some- hearing on this reconstituted milk every region. I know the huge proc- thing to get the prices up for family issue in 1997. I will quote from the essors launched a massive and expen- farmers. That is what speaks to the hearing transcript: ‘‘the Air Force on sive campaign against all elements of root of this crisis, which is a very pain- Okinawa decided that the reconsti- this NFU proposal. The processors, un- ful economic crisis and a very painful fortunately, are for very low dairy tuted milk was not suitable for the personal crisis because an awful lot of prices. These giant multinational proc- military and as a quality of life deci- good people are being driven off the essors have bought dozens and dozens sion they closed the milk plant and land. The only thing this does is enable of full-page ads and sent snow globes to opted to have fluid milk transported in people to live to maybe farm another members of the Congress. Their ads from the United States.’’ There was a day. demonstrate what they are against. great article in the Christian Science I say one more time to the majority They oppose: an extension of dairy Monitor a few years ago that talks leader, I want the opportunity to come price supports; increases in price sup- about the school lunch program. out with amendments and legislation ports; interstate dairy compacts; and It mentions the first time the author, that will alleviate some of this pain other reforms to the federal order sys- as a first-grader, was given reconsti- and suffering. I know other Senators tem designed to keep dairy farmers in tuted milk. He said: ‘‘Now, I like milk. feel the same way. business. They propose instead, as do . . .But not this stuff. Not watery, gray, Finally, I think I lean heavily toward other opponents of this compromise, hot, reconstituted milk that tasted voting for this only because we need to nothing—they have no proposals that more like rusty pump than anything get some assistance out to people. In remotely connected with a cow. We would help dairy farmers. Time will show that the opponents of Redwood County, which has really been wept. We gagged. We choked.’’ The sec- this National Farmers Union package, through it, we get about $23 million ond problem with the strategy of Wis- these large processors, are making a more to cover production losses in consin and Minnesota farmers selling costly error. If their policies of ex- beans and corn from AMTA payments. their milk down South is what about tremely low prices for dairy farmers I am told by Tracy Beckman, who di- ice storms or snow? What happens continue to drive thousands of farmers rects our FSA office, that Minnesota when flooding or tornado damage or out of business each year—eventually will receive about $620 million in other problems stop these trucks laden milk prices will dramatically increase. AMTA payments to be distributed to with milk? Unfortunately, I may only be able to about 62,000 eligible producers. Southern parents might not be able say at a later date that ‘‘I told you so.’’ I don’t think this emergency finan- to buy milk at any price any time an Mr. WELLSTONE addressed the cial package is anywhere near close to ice storm hits the Upper Midwest if the Chair. perfect. I think it is flawed in a number South does not have fresh, local sup- The PRESIDING OFFICER. The dis- of ways. I think we are going to have plies of fresh milk. tinguished Senator from Minnesota is to do better on disaster relief. But I Just remember the panic that affects recognized. desperately want to get some help out Washington, DC, when residents think Mr. WELLSTONE. Mr. President, I to people. I think at least this is a step we might get what is called in Vermont will be very brief. The Senator from in that direction. We all can come back a ‘‘dusting of snow.’’ In this debate on New York and the Senator from North over the next couple of weeks and do the Northeast dairy compact, I was Dakota want to speak. more. very hopeful a few months ago that we On a personal level, I thank Senator I yield the floor. could work out an amendment on dairy COCHRAN from Mississippi for his fine Mr. COCHRAN addressed the Chair. which would be satisfactory to most work. The PRESIDING OFFICER. The dis- members. The National Farmers Union I am sympathetic to what my col- tinguished Senator from Mississippi is made a great proposal which could leagues from the Northeast have to recognized.

VerDate Mar 15 2010 21:55 Nov 01, 2013 Jkt 081600 PO 00000 Frm 00084 Fmt 0624 Sfmt 0634 E:\1999SENATE\S12OC9.REC S12OC9 mmaher on DSKCGSP4G1 with SOCIALSECURITY October 12, 1999 CONGRESSIONAL RECORD — SENATE S12413 Mr. COCHRAN. Mr. President, under the health of the agricultural economy and oppose restrictions on the free and open ex- the authority of the leadership, I yield help us avoid the need for future emergency port of U.S. agricultural commodities that myself such time as I may consume. assistance packages. deny American farmers access to important NCGA looks forward to working with Con- I have received a number of letters export markets. In particular, Cuba was a gress on those long-term goals in the months very large and dependable market for U.S. from farm organizations and other to come. Thank you for your consideration. rice prior to the imposition of sanctions. groups supporting the adoption of the Sincerely, However, we do not believe that the failure conference report or supporting invok- LYNN JENSEN, of the bill to address the sanctions issue ing cloture so we can get to consider- President. should be viewed as a reason to defeat this ation of this conference report. In- very important bill. cluded among these groups are the NATIONAL ASSOCIATION As such, we urge you and your colleagues American Farm Bureau Federation, OF WHEAT GROWERS, to vote for final passage of the conference re- Washington, DC, October 10, 1999. port on H.R. 1906. asking for a vote on cloture this after- Hon. THAD COCHRAN, Sincerely, noon; the National Corn Growers Asso- Chairman, Senate Subcommittee on Agriculture DENNIS R. DELAUGHTER, ciation; the National Association of Appropriations, U.S. Senate, Washington, Chairman. Wheat Growers; the U.S. Rice Pro- DC. ducers Association; the American Soy- DEAR CHAIRMAN COCHRAN: As President of AMERICAN SOYBEAN ASSOCIATION, bean Association; International Dairy the National Association of Wheat Growers October 8, 1999. Foods Association; the National Barley (NAWG), and on behalf of wheat farmers Hon. THAD COCHRAN, Growers Association; the Louisiana across the nation, I write to commend you Chairman, Subcommittee on Agriculture, Rural and the subcommittee on your hard work in Development, and Related Agencies, Com- Cotton Producers Association, and oth- completing the FY2000 Agriculture Appro- mittee on Appropriations, U.S. Senate, ers. priations bill. Washington, DC. I ask unanimous consent that all of I believe that the emergency assistance DEAR MR. CHAIRMAN: On behalf of the these letters be printed in the RECORD. package included in the bill will go a long American Soybean Association (ASA), I There being no objection, the letters way in meeting the needs of America’s wheat would like to express our strong support for were ordered to be printed in the producers. At the same time, however, I am immediate passage of the Conference Report very disappointed that the sanctions reform RECORD, as follows: on agricultural appropriations for FY–2000. provisions of the Senate’s version of the bill Favorable consideration of this important AMERICAN FARM were not included in the conference report. legislation is even more urgent since it will BUREAU FEDERATION, NAWG remains committed to lifting all U.S. provide emergency relief for producers of Park Ridge, IL, October 12, 1999. unilateral sanctions on food and will con- soybeans and other commodities who are suf- DEAR SENATOR: The American Farm Bu- tinue to work towards this goal. fering from historic low prices and from se- reau Federation supports passage of H.R. It is my understanding that a handful of vere crop losses. 1906, the conference report on FY 2000 Agri- your colleagues are attempting to block the U.S. soybean farmers have seen prices fall culture Appropriations. We urge you to vote adoption of the conference report in an effort 32% in the past three years, to a season aver- for cloture this afternoon. to address policy matters outside the bill’s age level of $5.00 per bushel for the 1999 crop, We are thankful to the members of the intended scope. This is unfortunate. according to USDA. This represents a decline conference committee for their diligent work NAWG encourages all Senators to vote for of $4.4 billion in the value of this year’s har- in securing much needed financial assistance cloture and final adoption of the conference vest, compared to 1996. for farmers who are suffering from this report as soon as possible. While sluggish foreign demand is partly re- year’s devastating drought and low com- Sincerely, sponsible for lower prices, another factor is modity prices. JIM STONEBRINK, the increase in U.S. soybean production However, we remain disappointed by the President. under ‘‘Freedom to Farm.’’ Since 1996, soy- process which rendered inadequate levels of bean plantings rose eight million acres, or funding for weather disaster assistance, ex- U.S. RICE PRODUCERS ASSOCIATION, 12%, from 66 to 74 million acres. This in- cluded trade sanctions reform and did not Houston, TX, October 1, 1999. crease has disadvantaged traditional soybean make needed changes in dairy policy. We ap- Hon. THAD COCHRAN, producers, and particularly those who do not preciate the efforts of members of the House Chairman, Subcommittee on Agriculture, Rural receive large payments under the AMTA for- and Senate who worked for these needed Development and Related Agencies, U.S. mula. changes. Senate, Washington, DC. With Congress prepared to again provide Farm Bureau will continue to work to se- DEAR MR. CHAIRMAN: The U.S. Rice Pro- supplemental AMTA assistance to offset low cure these beneficial changes in farm policy. ducers Association (USRPA) represents rice prices received by producers of former pro- Sincerely, producers in Mississippi, Missouri, Texas, gram crops, ASA is pleased that the farm re- DEAN KLECKNER, and California, as well as affiliate members lief package includes $475 million to par- President. that include rice millers, marketers, and tially compensate producers of soybeans and other allied businesses. We are writing to ex- other oilseeds. This amount will add an esti- NATIONAL CORN press our strong support for the passage of mated 15 cents per bushel to farmers’ income GROWERS ASSOCIATION, the conference report on H.R. 1906, the fiscal from the sale of this year’s soybean crop and Washington, DC, October 8, 1999. year 2000 agricultural appropriations bill. from marketing loan gains or Loan Defi- Hon. CHARLES S. ROBB, While this bill is not perfect, it will help to ciency Payments. ASA would like to express U.S. Senate, Russell Building, address some of the critical concerns of appreciation to you for your leadership in in- Washington, DC. American rice producers who are facing cluding and retaining this provision in the DEAR SENATOR ROBB. On behalf of the 30,000 record low prices. final Conference Report. members of the National Corn Growers Asso- Emergency Assistance: H.R. 1906 includes a Sincerely yours, ciation (NCGA), I strongly urge the United package of emergency economic assistance MARC CURTIS, States Senate to pass the fiscal year 2000 ag- that will be critical to the economic survival President. riculture appropriations conference report. of rice producers across the nation. With America’s farmers are facing Depression-era prices for rice projected to fall by more than INTERNATIONAL DAIRY low prices and the political posturing that one-third compared to last year’s already FOODS ASSOCIATION, continues to delay delivery of the des- low prices, the enactment of this direct Washington, DC, October 8, 1999. perately needed $8.6 billion farm assistance emergency assistance is imperative. DEAR SENATOR: Next Tuesday, you will be package puts these farmers at risk. Equitable Marketing Loan Payments: H.R. asked to vote on cloture to stop a filibuster I cannot stress enough the importance of 1906 includes a provision to authorize the of the final agriculture appropriations con- this farm aid package and the importance of Secretary of Agriculture to correct the in- ference report as some members seek to its timely passage. In many cases, the mar- equitable treatment received by a number of force inclusion of controversial dairy com- ket loss assistance payment will be the only rice producers when the benchmark World pacts in the bill. Without question, dairy way many of our farmers will meet their Market Price for rice was significantly ad- compacts artificially inflate milk prices, end-of-year expenses. justed downward in August by the Depart- under the guise of helping dairy farmers. The NCGA urges Congress to vote ‘‘aye’’ on ment of Agriculture. For a number of pro- Now is not the time to hold up this agri- cloture, preventing an impending filibuster ducers, particularly in Texas and Louisiana, culture appropriations bill—which includes from further delaying the bill, and vote only the enactment of this provision can ad- important farm relief measures. And it cer- ‘‘aye’’ on final passage. Acting immediately dress this issue. tainly isn’t the time to unnecessarily in- on this bill will allow us to get this appro- Comprehensive Sanctions Reform: We are crease milk prices to consumers. priations process behind us and to then turn disappointed that the conference report fails Attached are numerous editorials from our attention to the challenge of crafting to enact reforms regarding our government’s across the nation that strongly urge Con- long-term policy solutions that will restore use of unilateral agricultural sanctions. We gress to reject higher milk prices, and let

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modest free market reforms stabilize the in- Sincerely, USA RICE FEDERATION, dustry. We urge you to vote for cloture and American Sugarbeet Growers Associa- Arlington, VA, October 8, 1999. let the agriculture appropriations process tion; American Sugar Cane League; Hon. THAD COCHRAN, move forward. Florida Sugar Cane League; Gay & Chairman, Senate Appropriations Subcommittee Sincerely, Robinson, Hawaii; Rio Grande Valley on Agriculture, Rural Development and Re- CONSTANCE E. TIPTON, Sugar Growers; Sugar Cane Growers lated Agencies, U.S. Senate, Washington, Senior Vice President. Cooperative of Florida; United States DC. Beet Sugar Association. DEAR MR. CHAIRMAN: On behalf of the USA NATIONAL BARLEY Rice Federation, we want to express our sup- GROWERS ASSOCIATION, port for the FY 2000 Agricultural Appropria- AMERICAN TEXTILE Alexandria, VA, October 12, 1999. tions Conference Report. The programs fund- MANUFACTURERS INSTITUTE, Hon. THAD COCHRAN, ed by this legislation, and especially the eco- Washington, DC, October 12, 1999. Chairman, Subcommittee on Agriculture, Com- nomic assistance package, are urgently mittee on Appropriations, U.S. Senate, TUESDAY, OCTOBER 12 CLOTURE VOTE ON AG AP- needed by America’s farmers who are suf- Washington, DC. PROPRIATIONS: VOTE YES ON INVOKING CLO- fering a crisis due to low prices and weather- DEAR CHAIRMAN COCHRAN: On behalf of bar- TURE—VOTE YES ON FINAL PASSAGE related disasters. ley producers from across the United States, We urge you and other members of the I am writing to urge Congress to expedite ap- DEAR SENATOR: The FY 2000 Agriculture Senate to support the Report and its quick proval of the conference report for FY2000 Appropriations Bill provides needed assist- implementation. agricultural appropriations (H.R. 1906). While ance to U.S. agriculture, including restora- Sincerely, the conference process was clearly imperfect tion of funds for the cotton competitiveness A. ELLEN TERPSTRA, and barley growers are frustrated by the re- program, and we urge you to support the President and Chief Executive Officer. fusal of the congressional leadership to allow conference report. Specifically, we urge you conferees to consider provisions to enact to vote YES on Tuesday, October 12 on the [News From Independent Community much-needed reforms to US sanctions policy, motion to invoke cloture on consideration of Bankers of America] this package contains several provisions of this bill, and to vote YES on final passage of ICBA WELCOMES HOUSE PASSAGE OF FARM critical importance to barley producers and the conference agreement. to the entire agricultural community. It is RELIEF PACKAGE important that this package be approved im- Funding for ‘‘Step 2’’ of the cotton com- Washington, DC. (Oct. 1, 1999)—The Inde- mediately. petitiveness program was capped in the 1996 pendent Community Bankers of America As such, barley growers urge you and your farm bill and the program ran out of funds in today welcomed the House of Representa- colleagues to vote for final passage of the December of 1998, resulting in an immediate tives passage of H.R. 1906, the Fiscal Year conference report on H.R. 1906. and sharp decline in already low raw cotton 2000 Ag Appropriations bill on a 246–183 vote. Sincerely, prices. As we have indicated to you pre- ‘‘The $8.7 billion bill will provide much JACK Q. PETTUS, viously, the surge over the last few years in needed economic assistance to struggling Washington DC Representative. cheap imports from China and other nations farmers who are trying to generate positive of the Far East, in large part because of cash flows and repay their operating credit LOUISIANA COTTON Asia’s economic difficulties, has had a severe as well as plan for new loans. Congress will PRODUCERS ASSOCIATION, impact on the American textile industry. need to also consider providing additional Monroe, LA, October 11, 1999. Restoration of funding for Step 2 will help funds to provide payments for disaster losses Hon. THAD COCHRAN, offset some of this damage by making the and additional money to ensure adequate U.S. Senate, Senate Russell Building, Wash- U.S. cotton and U.S. textile industries more guaranteed loan funding is available,’’ said ington, DC. competitive with foreign manufacturers. ICBA President Bob Barseness. DEAR SENATOR COCHRAN: The Louisiana As a final point, we understand and sym- ‘‘While we realize the bill has generated Cotton Producers Association strongly sup- pathize with the concerns of Senators from considerable controversy lately, we are hope- ports passage of the FY 2000 Ag Appropria- dairy producing states. However, we strongly ful Congress will provide this much needed tions Bill. The financial aid provided for in urge that these issues be dealt with in an ex- financial assistance to our farmers as soon this bill will to a large degree be the only peditious manner without holding up this as possible.’’ ICBA added. means by which many are able to hold onto badly needed agriculture spending bill. the family farm. Your leadership and support Please do everything you can to achieve such NATIONAL PEANUT GROWERS GROUP, for agriculture is well documented and great- Gorman, TX, October 12, 1999. ly appreciated. an outcome which will address the needs of dairy producers without holding American Hon. THAD COCHRAN, I look forward to our continued partner- Chairman, Subcommittee on Agriculture, Rural ship in 2000 as we attempt to improve upon a textile manufacturers and cotton producers Development and Related Agencies, Senate farm bill that is in dire need of reform. hostage. We need this conference report to be Appropriations Committee, Washington, DC. Sincerely, signed into law as quickly as possible. DEAR MR. CHAIRMAN: The National Peanut JON W. ‘‘JAY’’ HARDWICK. Sincerely, CARLOS MOORE, Growers Group is a coalition representing peanut growers across the United States. We NATIONAL GRAIN SORGHUM PRODUCERS, Executive Vice President. appreciate very much your hard work in de- Abernathy, TX, October 8, 1999. veloping the Fiscal Year 2000 Agriculture, Hon. THAD COCHRAN, CALCOT, LTD., Rural Development and Related Agencies ap- Chairman, Senate Subcommittee on Agriculture Bakersfield, CA, October 11, 1999. propriations bill. You have always supported Appropriations, U.S. Senate, Washington, Hon. THAD COCHRAN, our industry. DC. Russell Senate Office Building, The bill contains several key provisions DEAR CHAIRMAN COCHRAN: On behalf of the Washington, DC. National Grain Sorghum Producers we urge that assist peanut growers. In addition to you to support the Agriculture Appropria- DEAR SENATOR COCHRAN: First, I want to important peanut research projects, the bill tions Bill as presented by the Conference and thank you for all of your efforts to get the provides approximately $45 million in direct approved by the House. agricultural assistance package to where it disaster payments to peanut growers based Farmers across the United States need is today. Calcot’s membership, which totals on the 1999 peanut crop. these funds now. over 2000 members who grow almost 50 per- Language was also added during the Con- Sincerely, cent of the cotton in Arizona and California, ference that requests the Secretary of Agri- DAN SHAW, fully support the conference bill. culture use peanut growers marketing as- Washington Representative. sessment monies to offset potential program Growers are distressed at the delay in get- losses in the 1999 peanut crop. ting the conference passed by the Senate. AMERICAN SUGAR ALLIANCE, We support the FY 2000 Agriculture Appro- Hopefully, the cloture vote tomorrow after- priations bill and urge its immediate pas- Washington, DC, October 8, 1999. noon will be successful and this bill can be Hon. THAD COCHRAN, sage. forwarded to the President shortly after Sincerely, U.S. Senate, that. Growers desperately need the benefits Washington, DC. WILBUR GAMBLE, provided in the assistance package, and we Chairman. DEAR SENATOR COCHRAN: The associations really need Step 2 to prevent the loss of fur- listed below, representing U.S. sugarbeet and ther sales of cotton. sugarcane farmers, processors, and refiners, AMERICAN BANKERS ASSOCIATION, unanimously support the Agricultural Ap- Again, we appreciate your efforts to pro- Washington, DC, October 12, 1999. propriations Bill Conference Report. vide this package, but we need it passed by Hon. THAD COCHRAN, We thank you for your unfailingly support the Senate and signed by the President at U.S. Senate, Washington, DC. for American production agriculture and we the earliest possible date. DEAR SENATOR COCHRAN: On behalf of the look forward to continuing to work with you Sincerely, American Bankers Association (ABA), I am in the future. T.W. SMITH. writing to express our support for the FY

VerDate Mar 15 2010 21:55 Nov 01, 2013 Jkt 081600 PO 00000 Frm 00086 Fmt 0624 Sfmt 0634 E:\1999SENATE\S12OC9.REC S12OC9 mmaher on DSKCGSP4G1 with SOCIALSECURITY October 12, 1999 CONGRESSIONAL RECORD — SENATE S12415 2000 Agricultural Appropriations Conference 100 years. Everywhere you go in North my side, including our minority leader, Report (HR 1906). The ABA represents all Dakota, at least in a big chunk of our who shares our heartfelt concerns; and categories of banking institutions which in- State, there is nothing but water. Who we are going to make an effort to do cludes community, regional and money cen- could have believed this dramatic whatever we can to get extra disaster ter banks and holding companies as well as savings associations, trust companies and change? And we are hurt by bad trade relief in other supplemental bills. But savings banks. Our members are deeply con- policy and bad agriculture policy that it is faint concern, little concern, to cerned about the future of our agricultural has further burdened producers. the people and farmers in the North- and rural borrowers. There are several parts of this pack- east. At the end of 1998, our members had over age that I think are critically impor- We have 220,000 farmers in the North- $70 billion in outstanding loans to farm and tant. The 100-percent AMTA supple- east, according to the Secretary of Ag- ranch customers. We provide American agri- mental payment is going to mean that riculture. We have a program, a dairy culture with the credit needed to produce a North Dakota wheat farmer, instead program, and fruits and vegetables as our nation’s safe and abundant food and fiber. of getting a transition payment of 64 well, that are different from the major- We join you in supporting the Conference cents a bushel on wheat, is going to get ity of farming here in this country. It Report because it will address the emergency $1.28. It may not sound like much to is not a row crop, and they are not needs of this vital national industry. Our na- many of my colleagues, and it isn’t large farms; they are family farms. tion’s farmers and ranchers have been bat- much in the great scheme of things. I will leave my colleagues with a tered by low prices and, in some areas, by se- That is going to make the difference plea: We need help. We need real help, vere weather conditions. Many of our farm- between literally thousands of farm particularly this year when low prices ers and ranchers are losing hope and are de- families having to be forced off the and the drought have severely affected ciding to leave agriculture. us. We are not getting the help we need For many of these farmers and ranchers land and being able to survive for an- the FY 2000 Agricultural Appropriations other year. That is critically impor- in this bill, and we hope we can come Conference Report can make the critical dif- tant. back another day and get it. ference between staying on the farm or leav- Second, there is a 30-percent crop in- I yield the floor. ing it forever. We thank you for supporting surance discount. That is very impor- Mr. COCHRAN. Mr. President, on be- the legislation, and we urge you to impress tant because we have not devised a half of the leader, I yield the time that on your colleagues the urgent need to pass crop insurance system that can work he may consume to the distinguished the legislation as quickly as possible. for the farmers of this country. Senator from Iowa. Sincerely, So those are two important provi- The PRESIDING OFFICER. The Sen- FLOYD E. STONER. sions. They deserve our support. ator from Iowa is recognized. Mr. CONRAD addressed the Chair. As soon as I am positive about this Mr. GRASSLEY. Mr. President, be- The PRESIDING OFFICER. The dis- bill, I also want to point out those cause of the lowest commodity prices tinguished Senator from North Dakota parts of the bill that are deficient be- in a quarter century in the Midwest is recognized. cause there is inadequate disaster as- and probably every place else in the Mr. CONRAD. I thank the Chair. sistance in this bill. There is not United States, I support the conference Mr. President, I rise to urge my col- enough money for those who are vic- report we are considering this after- leagues to support the cloture vote this tims of Hurricane Floyd; there is not noon. While there are elements of the afternoon. I acknowledge the work of enough money for those who are the legislation that I might not support, or our colleague, Senator COCHRAN, and victims of the drought in the eastern would rather not have in the bill, I our colleague, Senator KOHL, who are part of the United States; there is not think the greater good is served by the chairman and ranking member of enough money for those farmers in my passing this legislation as quickly as this committee. I have found in my State who have been flooded out. These possible. The sooner we pass this legis- time in the Senate that Senator COCH- are farmers who didn’t take a 30-per- lation, the sooner we can assist the RAN is a very fair man. He is somebody cent loss or a 40-percent loss; they took family farmer. That was our intention who keeps his word. He always has a 100-percent loss because their land is when we began this process the first time to listen. I appreciate that very under water. week of August, and I am glad to see it much. I also appreciate the difficulty Mr. President, we have to do better. will be accomplished in the near fu- he has, along with Senator KOHL, in We will have a further opportunity to ture. bringing this bill to the floor. This is do so in the legislative process later As everyone is aware, there is a crisis not easy to do. It is a very difficult this year. I hope very much we will do in rural America due to these low com- thing year after year, to deal with all that. But right now, the right vote is modity prices. I made a promise 3 years of our colleagues on these very conten- to vote for cloture. ago to guarantee a smooth transition tious issues. I thank my colleague, I thank the Chair and I yield the from big government command and Senator COCHRAN, for his patience floor. control to a market-driven agricul- more than anything else because he Mr. SCHUMER addressed the Chair. tural economy. We predicted 3 years has certainly demonstrated that. I also The PRESIDING OFFICER. The dis- ago, in the 1996 farm bill, that that thank Senator KOHL because he has tinguished Senator from New York is smooth transition would require about also listened carefully to the needs of recognized. $5.5 billion for the year 1999. We didn’t our colleagues from around the coun- Mr. SCHUMER. Mr. President, I must anticipate the lowest prices in 25 years try. respectfully disagree with my col- and, obviously, that transition turned I represent one of the most agricul- league from North Dakota. This bill is out to be more difficult than we antici- tural States in the Nation. My pro- a disaster for the farmers in the North- pated. To remedy the situation we have ducers there have been hit by a triple east. We have been hit, in this bill, by added economic assistance in this bill whammy of bad prices, bad weather, a triple whammy. No. 1, the dairy com- that we did not predict was necessary and bad policy. The prices are the low- pact hangs by a thread. No. 2, the pric- three years ago. est they have been in real terms in ing support system for dairy 1–A is re- A number of factors have contributed over 50 years. There is a price collapse placed by 1–B. And then, to add insult to the downturn in the agriculture occurring that is putting enormous fi- to double injury, what has happened is economy that we have experienced over nancial pressure on our producers. that there is so little disaster relief— the last 18 months. I would like to tell Bad weather. I guess the simple fact given the hurricane in North Carolina, you that the answer to our problem is that we had 3 million acres in the flooding in North Dakota, and the as easy as changing the 1996 farm bill. State of North Dakota not even plant- worst drought in a generation in the But, in fact, the economics involved ed this year tells a story, not because Northeast—it is hard to see how the are complex and international. For ex- it was too dry but because it was too money allocated here covers the needs ample, we saw soybean prices take a wet. What an extraordinary cir- of hard-pressed farmers. nosedive a while back, not because of cumstance. Back in 1988 and 1989, we So I urge my colleagues to vote anything we did in this country, but had the worst drought since the 1930s. against this bill. It just does not do the because the Brazilian currency lost Now we have the wettest conditions in job for us. I have spoken to many on one-quarter of its value overnight.

VerDate Mar 15 2010 21:55 Nov 01, 2013 Jkt 081600 PO 00000 Frm 00087 Fmt 0624 Sfmt 0634 E:\1999SENATE\S12OC9.REC S12OC9 mmaher on DSKCGSP4G1 with SOCIALSECURITY S12416 CONGRESSIONAL RECORD — SENATE October 12, 1999 Brazil happens to be a major soybean Mr. DASCHLE addressed the Chair. we are going to meet all of the obliga- producer and also an exporter. That ac- The PRESIDING OFFICER. The dis- tions this country should and must tion also shaved roughly a dollar a tinguished Democratic leader is recog- meet to address disaster needs, espe- bushel off of U.S. soybean prices. nized. cially in the Northeast, in the coming Another example is that Asia has Mr. DASCHLE. Mr. President, I know 12 months. We have an extraordinary been one of our fastest growing and we are close to running out of time. I deficiency with regard to disaster as- strongest export markets. But when will use my leader time to make a few sistance. the Asian economy crashed, they could comments on the pending conference As a result of that as well, I am deep- no longer buy American pork and our report. ly troubled that we are faced with a grain. The financial crisis Asia experi- I come to the same conclusion as the very untenable choice: vote for this, enced hurt all our farmers in America, distinguished Senator from Iowa, and I and get some assistance out to those even my friends and neighbors back at would like to elaborate, if I could, who will receive it, in time for it to do New Hartford, Iowa. briefly on why I have come to that con- some good, or do nothing and hope that Global trade manifested by exports clusion. somehow in some way at some time we has become a mainstay of our Nation’s I believe we ought to be supportive of can resolve this matter before the end family farmers. Roughly one-fourth of this conference report, but I must say of the session. farm receipts today come from over- I am deeply disappointed that we have I sadly come to the conclusion that seas sales. Iowa is a significant sup- to be in this position in the first place. what we have to do is take what we can plier to the world, being the Nation’s This is a badly flawed bill from many get now, to take what we have been No. 2 exporter of agricultural commod- perspectives. I strongly disagree with able to put in the bank now, and keep ities, after California. The solution is using the AMTA mechanism as the fighting to address all of these defi- to increase our access to world mar- only mechanism by which we provide ciencies before the end of this session. kets by passing fast track and opening resources to those in need. As a result I have said just now to my colleagues doors through the World Trade Organi- of our reliance on AMTA, there will be in the Northeast that we will not rest, zation and other trade agreements, not thousands of people no longer directly we will not be satisfied until we have by limiting our ability to compete in involved in agriculture who are going adequately addressed their needs in the world market by choking our own to get payments of over five and a half disaster assistance before the end of production. billion dollars. Our view is that that is this session. We will make that point There are 100 million new mouths to a tragedy, given the limited resources with whatever vehicles we have avail- feed every year, almost a billion in the we have available to us and the ex- able to us, appropriations or otherwise. next decade. Farmers someplace in the traordinary need to ensure that re- It is absolutely essential that we pro- world are going to feed those new sources are spent in the most prudent vide that assistance before the end of mouths. I would rather it be Iowa or fashion. They will not be, in large this year and send a clear message that United States products than Brazilian measure, because of the formula incor- we understand the gravity of their cir- and Argentine products. We can do it porated in this language. cumstances and are prepared to address and compete. In the short-term though, I also am very deeply concerned it. the most effective means of helping our about the fact that there is no loan I might also say that we have to look family farmers in need is providing availability in this bill. There are also at an array of policy consider- economic assistance as quickly as pos- going to be farmers who are going to be ations. My view is that we are in this sible. turned away from banks throughout box in large measure because we cre- The fastest means to provide emer- the country. When they are turned ated it ourselves. Those who voted for gency relief to our farmers is through away, as is happening on many occa- Freedom to Farm are coming to the re- the AMTA mechanism. I would like to sions, farmers go to the Farm Service alization that clearly this is a situa- mention that some of my colleagues Agency to ensure they can get the re- tion that has to be resolved through have criticized our plan to distribute sources they need. public policy, in new farm policy, with income assistance through the AMTA Let us be clear. There is no recourse the creation of a safety net, with the payment mechanism. I have heard and as a result of this legislation. Farmers creation of market incentives to create witnessed statements that would lead have no opportunity to get alternative more of a balance between supply and some to believe that landowners who loan availability because there is no demand than what we have right now. do not share in production risk or man- money in this bill for loans. For that That is a debate for another day. We agement are benefiting from this as- reason, too, I am very concerned about are left with a choice about whether or sistance. The 1996 farm bill states that the deficiencies in this legislation. not we provide $8.7 billion in aid now, payments are only available to those As most of us know, we have lost a as poor as the vehicle may be, to people who ‘‘assume all or part of the risk of substantial number of our pork pro- who need it so badly. I will vote yes, producing a crop.’’ ducers. The number of pork producers and I encourage my colleagues to do Recently, 53 Senators signed a bipar- in South Dakota has diminished sub- likewise. tisan letter asking Secretary Glickman stantially in recent years. In fact, we I yield the floor. whether there are payments being have lost a large portion of the per- The PRESIDING OFFICER. The dis- made to those who do not share risk in centage of our hog producers in the tinguished Senator from Mississippi. agriculture—risk in a specific farming last year in large measure because of Mr. COCHRAN. Mr. President, I ask operation. If that is occurring we have the disastrous crisis they are now fac- unanimous consent that a copy of a requested in the letter to Secretary ing. There is not $1 in here for live- letter addressed to the chairman of the Glickman that the proper disciplinary stock producers involved in pork pro- Appropriations Committee strongly en- action for any official approving pay- duction. As a result, our pork pro- dorsing the method of payment used ments in this manner be administered. ducers have no hope of obtaining any for the disaster assistance portion of But if this is not happening, I apologize kind of assistance as a result of this this bill from the American Soybean for my colleagues who have delayed the legislation. Association and other groups be print- process by making baseless claims due I must say we also are deeply con- ed in the RECORD. to their own ignorance. cerned about the impact this legisla- There being no objection, the letter So the action we take today guaran- tion could have, if this is the last word was ordered to be printed in the tees the future stability of the family on the circumstances those in the RECORD, as follows: farmer and the agricultural economy. Northeast currently are facing. They Hon. TED STEVENS, It is with this in mind that I support have experienced serious drought. Chairman, Senate Appropriations Committee, this cloture motion and hope this bill Other parts of the country have faced Washington, DC. DEAR CHAIRMAN STEVENS: We are well passes, because within 10 days after other serious farm disasters. The dis- aware that some have encouraged conferees getting this bill signed by the Presi- aster assistance in this package is ab- on the FY00 agricultural appropriations bill dent, this money can be distributed to solutely unacceptable. The $1.2 billion to use alternative forms of funding emer- the farmers of America. is a fraction of what will be required if gency farm income disaster assistance rather

VerDate Mar 15 2010 21:55 Nov 01, 2013 Jkt 081600 PO 00000 Frm 00088 Fmt 0624 Sfmt 0634 E:\1999SENATE\S12OC9.REC S12OC9 mmaher on DSKCGSP4G1 with SOCIALSECURITY October 12, 1999 CONGRESSIONAL RECORD — SENATE S12417 than supplemental Agricultural Market sources Conservation Service, NRCS, questionable scoring tactics, or from Transition Act (AMTA) payments. to utilize Emergency Watershed Pro- new user fee and other proposed legis- In Secretary Glickman’s September 15 tes- tection Program monies to perform re- lation which has not won the support timony before the House Agricultural Com- habilitation of designated dams con- of the appropriate authorizing commit- mittee, he says ‘‘To be sure, there is an im- mediate need to provide cash assistance to structed under the agency’s watershed tees of the Congress. mitigate low prices, falling incomes, and in program. Is this correct? I understand the Senator’s concern some areas, falling land values. Congress Mr. COCHRAN. The gentleman from that this conference agreement does should enact a new program to target assist- Kentucky is correct. not provide the full fiscal year 2000 ance to farmers of 1999 crops suffering from Mr. MCCONNELL. I ask the distin- level requested for the FDA. However, low prices. The Administration believes the guished Chairman of the Agriculture it does provide the FDA with a sub- income assistance component must address Appropriations Subcommittee if the stantial increase in funding from the the shortcomings of the farm bill by pro- conference report directs NRCS to pro- fiscal year 1999 level to provide the viding counter-cyclical assistance.’’ He goes vide financial assistance for the Free- on to say, ‘‘The income assistance should amount requested for two of FDA’s compensate for today’s low prices and there- man Lake Dam located in Elizabeth- highest priority activities—food safety fore they should be paid according to this town, Kentucky? and premarket review. I can assure my year’s actual production of the major field Mr. COCHRAN. I assure the gen- colleague from Utah that we will con- crops, including oilseeds, not a formula tleman from Kentucky that the Con- tinue to review the funding needs of based on an artificial calculation done a dec- ference Report does contain the lan- this critical public health agency and ade ago.’’ guage as he has described. consider future requests of the agency Mr. Chairman, we strongly disagree with Mr. MCCONNELL. I thank the Chair- to enhance funding for its essential ac- that philosophy. The current economic dis- man for including this project in the tivities, including those which he has tress is partly a result of the unfulfilled conference report. The Freeman Lake promises of expanded export markets, re- brought to our attention here today. duced regulations, and tax reform that were Dam is in dire need of rehabilitation, WIC PROGRAM REQUIREMENTS part of the promises made during delibera- and the safety of the community rests Mr. LEVIN. Mr. President, we have tion of the 1996 farm bill. The costs of these upon the integrity of this dam. Finally, before the Senate the conference report unfulfilled promises fall upon those people I would ask the gentleman from Mis- on H.R. 1906, the fiscal year 2000 Appro- who were participating in farm programs at sissippi, is it the conference’s intent priations Act for Agriculture, Rural that time. that funding to rehabilitate this dam Development, and Related Agencies. The AMTA payment process is in place and comes from existing Emergency Water- can deliver payments quickly. The adminis- Included in this Act is more than $4 trative costs of developing an alternative shed Protection program funds, since billion for the Special Supplemental method of payments would be very high and this structure represents a serious Nutrition Program for Women, Infants, eat into funds that should go to farmers. threat to life and property. and Children commonly known as the Given the 71⁄2 months it took the Department Mr. COCHRAN. The gentleman from WIC program. This is one of the most to issue weather disaster aid last year, we Kentucky is correct. successful programs provided by the are unwilling to risk that producers might Mr. MCCONNELL. I thank the chair- federal government, and I am glad to have to wait that long for development and man. see that an increase above last year’s implementation of a new farm economy dis- FOOD AND DRUG ADMINISTRATION aster aid formula. Time is also critical for level is provided in this Act. suppliers of goods and services to producers. Mr. HATCH. Mr. President, I am However, I have concerns about lan- They need payments for supplies now to stay deeply concerned about certain aspects guage in the statement of managers to in business, not just promises that some- of the FY 2000 funding level for the accompany this conference report thing will happen in the future. Food and Drug Administration. My about the WIC program. This language Supplemental AMTA payments provide in- greatest concern is that while the FY relates to the so-called ‘‘sugar cap’’ come to producers of corn, wheat, cotton, 2000 conference report provides about and I would like to ask my friend from rice, barley, and grain sorghum. Soybean $70 million over FDA’s 1999 funding Wisconsin, the ranking member of the producers will receive separate payments level of $982,217 million, this is about under the Senate Agricultural Appropria- appropriations subcommittee, about tions language. Crop cash receipts for these $90 million below the agency’s FY 1999 this specific provision. producers in 1999 will be down over 20 per- request of $1.142 billion. Mr. KOHL. I thank the Senator from cent from the 1995–97 yearly average. Pro- While the conference report for FY Michigan, and he is correct, there is ducers who have smaller than normal crops 2000 does fund important new initia- language in the statement of managers due to weather problems will receive normal tives within the FDA such as food safe- that instructs the Department of agri- payment levels. This is better than using the ty programs, other key priorities are culture not to make any exceptions to loan deficiency payment program (LDPs) not accommodated such as $20.4 mil- the WIC sugar cap. which are directly tied to this year’s produc- lion for phase I funding for construc- Mr. LEVIN. I ask the Senator, did tion. We urge you to retain the $5.5 billion in tion of the agency’s Los Angeles lab- this or any similar language appear in supplemental AMTA payments as the meth- oratory facility and $15.3 million for either the House or Senate measures od of distribution for farm economy aid in improvements to FDA’s adverse event before the conference committee con- the agricultural appropriations conference reporting system. vened? agreement. Any alternative would certainly I thank the chairman for allowing me Mr. KOHL. This particular language take additional time to provide assistance to to bring these vital issues to his atten- was offered in the conference com- producers—time which we cannot afford. tion. If Congress can find resources to mittee, and it does not appear in either Sincerely, fund these important priorities, the the House or Senate versions of the fis- American Farm Bureau Federation; American public will reap great bene- cal year 2000 appropriations bills or re- American Soybean Association; Na- tional Association of Wheat Growers; fits. Finally, I commend him for your ports. National Corn Growers Association; demonstrated leadership and expertise Mr. LEVIN. I thank the Senator. I Nation Cotton Council; National Grain in financing the operations FDA and I was surprised to learn that language Sorghum Producers; National Sun- look forward to continuing to work relating to specific nutritional policy flower Association; U.S. Canola Asso- with you on funding this key public of the USDA—policy that has been the ciation; USA Rice Federation. health agency. subject of significant study and debate FREEMAN LAKE DAM Mr. COCHRAN. I thank the Senator within the agency for years—that lan- Mr. MCCONNELL. Mr. President, the from Utah for his comments regarding guage which appears to reach a conclu- conference report making appropria- funding for the Food and Drug Admin- sion on the outcome of years of study tions for fiscal year 2000 for Agri- istration. As the Senator knows, the has been slipped into the fiscal year culture, Rural Development, Food and Congress is required to comply with 2000 appropriations report. This lan- Drug Administration and Related fiscal year 2000 budget caps on discre- guage appeared, deus ex machina, at the Agencies which is currently before the tionary spending. Unlike the Presi- very last minute and without discus- Senate contains language under the dent’s budget, we do not have the lux- sion by all the conferees. Thankfully, Watershed and Flood Prevention Oper- ury of being able to offset appropria- the language is not binding on USDA, ations account of the Natural Re- tions’ increases with savings from so the agency can continue with their

VerDate Mar 15 2010 21:55 Nov 01, 2013 Jkt 081600 PO 00000 Frm 00089 Fmt 0624 Sfmt 0634 E:\1999SENATE\S12OC9.REC S12OC9 mmaher on DSKCGSP4G1 with SOCIALSECURITY S12418 CONGRESSIONAL RECORD — SENATE October 12, 1999 decision making process, without being hopefully, a basis for sound public pol- ‘‘quotas’’ as opposed to acreage allot- bound by the language in the con- icy. ments. This limitation to burley and ference report. Mr. KOHL. I appreciate the view of flue-cured tobaccos is intentional and Substantively, the report language the Senators from Michigan and Cali- reflects recent developments. conflicts with the USDA’s own rec- fornia regarding this issue. For many Mr. COCHRAN. The gentleman from ommendations on children’s diets. years, I too have grown concerned by Kentucky is correct. When the National Association of WIC the trend away from healthy food Mr. MCCONNELL. I thank the Sen- Directors and the USDA’s Center for choices and toward eating patterns ator. Nutrition Policy and Promotion both that may lead to tremendous health Mr. DOMENICI. Mr. President, I rise urge people to add fruit to their cereal, care costs in the future. To the extent in support of the Agriculture, Rural it is irrational and incoherent to deny that human health is a result or human Development, Food and Drug Adminis- people the opportunity to obtain fruit choices, there is probably no better ex- tration and Related Agencies Appro- in their cereal. But that is what the re- ample than in what we choose to eat. priations conference report for fiscal port language would accomplish. In my opinion, American consumers year 2000. USDA should make a determination receive too much persuasion regarding The conference report provides $68.6 on how the sugar cap on breakfast ce- diet from our popular culture and far billion in new budget authority (BA) reals in the WIC package of foods too little from those best qualified to and $48.5 billion in new outlays to fund should be calculated and how best to provide good counsel. In the instance of most of the programs of the Depart- incorporate fruit into WIC partici- the matter raised by the Senator from ment of Agriculture and other related pants’ diets. The agency should bring Michigan, I am not sure what benefits agencies. Within this amount, $8.7 bil- nutritional science and common sense to public policy are achieved by an lion in BA, and $8.3 billion in outlays is to the task, and it should ensure that never ending discussion within polit- designated as emergency spending for the rule is consistent with the nutri- ical circles where expertise in human farmers who have experienced weather- tional recommendations that it makes nutrition is probably lacking. Does this related disasters, and for additional regarding children’s diets. send a good strong message to the market transition payments to com- Mrs. FEINSTEIN. Mr. President, I American consumer regarding the pensate farmers for depressed com- agree with my colleague that the right choices to make regarding nutri- modity prices. All of the discretionary USDA, which has the expertise to tion? I hardly think so. funding in this bill is nondefense spend- make an informed decision about the It is time, it is long time, for politi- ing. When outlays from prior-year ap- value of fruit and other foods in chil- cians to step back and let the experts propriations and other adjustments are dren’s diets should be left alone to de- decide what is best for the American taken into account, the conference re- sign the composition of the WIC food consumer. The Senator from Michigan port totals $73.0 billion in BA and $55.7 packages. Over the past several years, makes some valid points regarding the billion in outlays for FY 2000. the Agriculture, Rural Development, need for a common sense approach to The Agriculture Appropriations Sub- and Related Agencies appropriations nutrition and public health. I hope the committee 302(b) conference allocation bill has become a vehicle for the debate Department of agriculture recognizes totals $73.0 billion in BA and $55.7 bil- surrounding the content of sugar in that their responsibly transcends the lion in outlays. Within this amount, certain foods eligible for inclusion in political winds where some matters, $22.7 billion in BA and $22.6 billion in the WIC program. More recently, the such as sound nutritional advice, have outlays is for nondefense discretionary fiscal year 1999 Statement of Managers no place. I would not expect doctors at spending, of which $8.7 billion in BA, instructed the Department to provide the Mayo Clinic to take my advice on and $8.3 billion in outlays are des- $300,000 for a study by the National how to proceed with a delicate oper- ignated as emergency spending. For academy of Sciences on this issue, ation. Further, I would not expect nu- discretionary spending in the bill, and which was not conducted. Now, the fis- trition experts at USDA to take my ad- counting (scoring) all the mandatory cal year 2000 Statement of Managers vice on what details best constitute a savings in the bill, the conference re- includes language directing that no ex- totally balance diet for a certain popu- port is at the Subcommittee’s 302(b) al- ception to the sugar cap be made. I as- lation beyond my suggestion that they location in BA and outlays. It is $8.7 sume that this pattern of direction is use their best judgement base don their billion in BA and $8.5 billion in outlays as frustrating to all of us as it is to knowledge and experience. If they above the 1999 level for discretionary WIC program administrators, partici- don’t follow those standards it is un- spending, $1.1 billion in BA and $1.0 bil- pants, and suppliers. clear why they are there in the first lion in outlays above the Senate-passed Our goal, quite simply, should be to place. bill, and $8.2 billion in BA and $7.7 bil- promote a healthy diet for all Ameri- TOBACCO PROVISIONS lion in outlays above the President’s cans. USDA nutrition policy should Mr. MCCONNELL. Mr. President, it is request for these programs. consider the totality of U.S. eating my understanding that the tobacco I recognize the difficulty of bringing habits and aim for consumer education provisions of this bill, will provide an this bill to the floor at its 302(b) alloca- and program implementation that additional $328,000,000 in funds for tion. I appreciate the committee’s sup- deals with a person’s overall diet rath- farmers who produce the major ciga- port for a number of ongoing projects er than one burdened by requirements rette tobaccos—burley and flue-cured and programs important to my home attached in a piecemeal fashion. tobacco. It is those farmers who have State of New Mexico as it has worked It is unfortunate that the grip of po- been the most affected by recent devel- to keep this bill within its budget allo- litical consideration has taken hold of opments with respect to the manufac- cation. a matter best left to nutritionists and ture and use of cigarettes. It is those Mr. President, I ask unanimous con- those trained in the science of public farmers also who are the subject of the sent that a table displaying the Senate health. It is also unfortunate that the recent ‘‘Phase II Settlement’’ in which Budget Committee scoring of the bill result has been inconsistent policy de- moneys are being made available to be printed in the RECORD. velopment where certain nutritional burley and flue-cured tobacco growers There being no objection, the mate- limitations have been imposed on some through the use of State trusts. It is rial was ordered to be printed in the components of USDA nutrition pro- also my understanding that the bill’s RECORD, as follows: grams, but not on others. This issue reference to those farms who receive should be resolved by experts who can ‘‘quotas’’ under the Agriculture Ad- H.R. 1906, AGRICULTURE APPROPRIATIONS, 2000, best determine dietary guidelines prop- justment Act of 1938, is intentional, SPENDING COMPARISONS—CONFERENCE REPORT erly suited for all Americans. My in- and does limit the relief, to burley and [Fiscal year 2000, in millions of dollars] tent also does not suggest that USDA flue-cured tobacco. The reference to General Manda- nutrition programs should be made ‘‘quotas’’ is to poundage quotas and Purpose Crime tory Total more complicated than they are, but burley and flue-cured tobacco are the Conference Report: that a simple injection of common only tobaccos under the current regu- Budget authority ...... 22,687 ...... 50,295 72,982 sense should prove refreshing and, latory scheme that receive poundage Outlays ...... 22,578 ...... 33,088 55,666

VerDate Mar 15 2010 21:55 Nov 01, 2013 Jkt 081600 PO 00000 Frm 00090 Fmt 0624 Sfmt 0634 E:\1999SENATE\S12OC9.REC S12OC9 mmaher on DSKCGSP4G1 with SOCIALSECURITY October 12, 1999 CONGRESSIONAL RECORD — SENATE S12419 H.R. 1906, AGRICULTURE APPROPRIATIONS, 2000, SPEND- operation during the agricultural ap- this bill. I will continue to work for ING COMPARISONS—CONFERENCE REPORT—Contin- propriations process. I am pleased with Montana farmers and ranchers to make ued the funding that went to my home sure they make not only a decent liv- [Fiscal year 2000, in millions of dollars] State of Montana as well as to impor- ing but one that is profitable and ful- tant national programs for agriculture. filling. General Manda- Purpose Crime tory Total During this economic crisis in agri- I thank the Chair. culture, immediate funding needs of CLOTURE MOTION Senate 302(b) allocation: farmers and ranchers must be ad- Budget authority ...... 22,687 ...... 50,295 72,982 The PRESIDING OFFICER. Under Outlays ...... 22,578 ...... 33,088 55,666 dressed. I believe this bill does that. the previous order, the clerk will re- 1999 level: The $8.7 billion package contains im- Budget authority ...... 14,005 ...... 41,460 55,465 port the motion to invoke cloture. Outlays ...... 14,093 ...... 33,429 47,522 portant funding for Agricultural Mar- The assistant bill clerk read as fol- President’s request: keting Transition Act, AMTA pay- lows: Budget authority ...... 14,520 ...... 50,295 64,815 Outlays ...... 14,831 ...... 33,088 47,919 ments for wheat and barley producers CLOTURE MOTION House-passed bill: in Montana, as well as $322 million for Budget authority ...... 13,882 ...... 50,295 64,177 We the undersigned Senators, in accord- Outlays ...... 14,508 ...... 33,088 47,596 livestock producers and $650 million in ance with the provisions of rule XXII of the Senate-passed bill: crop insurance. Standing Rules of the Senate, do hereby Budget authority ...... 21,619 ...... 50,295 71,914 Outlays ...... 21,532 ...... 33,088 54,620 Additionally, I am thrilled that price move to bring to a close debate on the con- reporting was included in the final bill ference report to accompany H.R. 1906, the CONFERENCE REPORT COMPARED TO: Agriculture appropriations bill: Senate 302(b) allocation: at my request. I have been trying to se- Budget authority ...... cure price reporting for our livestock Trent Lott, Thad Cochran, Tim Hutch- Outlays ...... producers for quite some time now. inson, Conrad Burns, Christopher S. 1999 level: Bond, Ben Nighthorse Campbell, Rob- Budget authority ...... 8,682 ...... 8,835 17,517 This legislation will provide producers Outlays ...... 8,485 ...... ¥341 8,144 ert F. Bennett, Craig Thomas, Pat Rob- President’s request: with the information they need to erts, Paul Coverdell, Larry E. Craig, Budget authority ...... 8,167 ...... 8,167 make prudent marketing decisions, and Outlays ...... 7,747 ...... 7,747 Michael B. Enzi, Mike Crapo, Frank H. House-passed bill: take the control out of the hands of the Murkowski, Don Nickles, and Pete Budget authority ...... 8,805 ...... 8,805 meat packers. Domenici. Outlays ...... 8,070 ...... 8,070 Senate-passed bill: Four major packers control 79% of The PRESIDING OFFICER. By unan- Budget authority ...... 1,068 ...... 1,068 the meat-packing industry. It is nec- imous consent, the mandatory quorum Outlays ...... 1,046 ...... 1,046 essary to have this price reporting in- call under the rule has been waived. Note.—Details may not add to totals due to rounding. Totals adjusted for formation accessible to producers so The question is, Is it the sense of the consistency with scorekeeping conventions. that they may take advantage of the Senate that debate on the conference Mr. THOMPSON. Mr. President, I best possible market opportunities report to accompany H.R. 1906, the Ag- rise today to express my disappoint- available. Additionally, they must riculture appropriations bill, shall be ment that the agriculture appropria- have the assurance that they are re- brought to a close? tions conference report that Congress ceiving accurate data. The yeas and nays are required under is sending to the President does not The majority of livestock producers the rule. ratify a Southern Dairy Compact that in Montana sell their feeder calves to The clerk will call the roll. 14 state legislatures have approved. feeder markets, which are highly con- The legislative clerk called the roll. I recently met with several dairy centrated. Increased concentration Mr. REID. I announce that the Sen- farmers from Tennessee who stressed within the agricultural industry pro- ator from Connecticut, Mr. DODD, is ab- to me the importance of the Southern vides them fewer and fewer options sent because of illness in the family. Dairy Compact to their farms’ sur- open for marketing. Price reporting The yeas and nay resulted—yeas 79, vival. Dramatic fluctuations in the will increase market transparency and nays 20, as follows: price of milk continue, and it is in- present producers an accurate view of [Rollcall Vote No. 322 Leg.] creasingly difficult for these family the market. YEAS—79 farms, many of which have been passed The National Cattlemen’s Beef Asso- Abraham Durbin Landrieu down from one generation to the next, ciation, the American Sheep Industry, Akaka Edwards Levin to hang on during the hard times. Let and the National Pork Producers Coun- Allard Enzi Lincoln Ashcroft Feingold Lott me illustrate how dire the situation is: cil worked extensively with State pro- Baucus Feinstein Lugar in the last two years, 400 dairy farms in ducer organizations and the packers to Bayh Fitzgerald Mack Tennessee have been forced out of busi- craft a bill that will work for everyone Bennett Frist McCain Bingaman Gorton McConnell ness, reducing the total number of and directly benefit producers. The end Bond Graham Murkowski farms producing Grade-A milk in the result of this work is the legislation in- Boxer Gramm Murray Breaux Grams state to under 1,000 for first time since cluded in agricultural appropriations Reid anyone started counting. Brownback Grassley as ordered reported by the Senate Com- Bryan Hagel Robb Today I will vote to cut off a fili- mittee on Agriculture on July 29, 1999. Bunning Harkin Roberts buster on the agriculture appropria- I join all of these interested parties in Burns Hatch Rockefeller tions conference report because Amer- directing the Department of Agri- Byrd Helms Sessions Campbell Hollings Shelby ica’s farmers are in urgent need of the culture and the administration gen- Cleland Hutchinson Smith (OR) disaster assistance the bill provides erally to this document for use in the Cochran Hutchison Stevens and cannot afford any delay in its de- correct interpretation and administra- Conrad Inhofe Thomas livery, but I am no less committed to Coverdell Inouye Thompson tion of this important law. Craig Johnson the establishment of a Southern Dairy Thurmond I am disappointed that policy issues Crapo Kennedy Voinovich Compact. I believe it would provide the such as dairy and food-related sanc- Daschle Kerrey Warner stability in milk prices that dairy tions were eventually stripped from DeWine Kerry Wellstone Domenici Kohl Wyden farmers need to survive and would pro- this bill. I believe these concerns must Dorgan Kyl tect the region’s local supply of milk. be addressed as soon as possible. I will Fourteen southern states, including support Option 1–A legislation in H.R. NAYS—20 Tennessee, have voted to participate in 1402, in order to ensure my dairy farm- Biden Lieberman Sarbanes Chafee Mikulski Schumer the Southern Dairy Compact, and it’s ers are taken care of. Additionally, I Collins Moynihan Smith (NH) now up to Congress to ratify it. I will will support Senator ASHCROFT in his Gregg Nickles Snowe continue to work with my colleagues efforts to exempt food and medicine Jeffords Reed Specter Lautenberg Roth Torricelli in the Senate to get that done. from sanctioned countries. American Leahy Santorum Mr. BURNS. Mr. President, I thank farmers and ranchers stand much to Chairman COCHRAN and his staff for lose by not having all viable markets NOT VOTING—1 putting together a bill that encom- open to them. Dodd passes the needs of agriculture. I also Again, I thank the fine chairman, The PRESIDING OFFICER. On this thank Chairman STEVENS for his co- Mr. COCHRAN, for all his good work on vote, the yeas are 79, the nays are 20.

VerDate Mar 15 2010 21:55 Nov 01, 2013 Jkt 081600 PO 00000 Frm 00091 Fmt 0624 Sfmt 0634 E:\1999SENATE\S12OC9.REC S12OC9 mmaher on DSKCGSP4G1 with SOCIALSECURITY S12420 CONGRESSIONAL RECORD — SENATE October 12, 1999 Three-fifths of the Senators duly cho- Twenty-five years ago, October 8, and providing for after school programs sen and sworn having voted in the af- 1974, the Federal debt stood at so that children have a safe place to go firmative, the motion is agreed to. $477,151,000,000 (Four hundred seventy- in the afternoon. Throughout Wis- Mr. COCHRAN addressed the Chair. seven billion, one hundred fifty-one consin, SSBG dollars have enabled Wis- The PRESIDING OFFICER. The dis- million) which reflects a debt increase consin’s counties to provide these serv- tinguished Senator from Mississippi is of more than $5 trillion— ices to 283,964 Wisconsinites—many of recognized. $5,182,881,556,386.77 (Five trillion, one whom will lose access to these services Mr. COCHRAN. Mr. President, on be- hundred eighty-two billion, eight hun- if SSBG is further cut. half of the leader, I will propound the dred eighty-one million, five hundred Lastly, let me illustrate what the im- following unanimous consent request fifty-six thousand, three hundred pact of SSBG cuts means for some which has been cleared, I am told, on eighty-six dollars and seventy-seven communities in Wisconsin: the Rain- both sides of the aisle. It relates to the cents) during the past 25 years. bow Center for Prevention of Child further handling of the Agriculture f Abuse in Dane County, Wisconsin, will conference report. have to cut services for 130 families. In TITLE XX SOCIAL SERVICES I ask unanimous consent that not- Milwaukee County, 428 patients will BLOCK GRANTS withstanding rule XXII, at 9:30 a.m. on not receive outpatient mental health Wednesday there be up to 5 hours Mr. FEINGOLD. Mr. President, I rise care, and 550 adults seeking drug and equally divided for debate between to speak about some grave concerns I alcohol abuse treatment will be turned Senator COCHRAN and the minority have regarding the dramatic and un- away. Milwaukee County will also lose manager or his designee, with an addi- precedented cuts to Title XX, the So- funding for more than 2,000 shelter tional hour under the control of Sen- cial Services Block Grant, in S. 1650, nights for the homeless and victims of ator WELLSTONE, on the Agriculture the Labor-Health and Human Services domestic violence. appropriations conference report, and Appropriations bill. Mr. President, I hope that this short that following the use or yielding back As I am sure many of my colleagues description of the many ways SSBG of time, the Senate proceed to vote on are aware, the Social Services Block supports and strengthens counties and adoption of the conference report with- Grant is currently authorized at $2.38 local communities helps to illustrate out any intervening action or debate. billion, but the Senate bill provides for why a 50% reduction in funds will be so The PRESIDING OFFICER. Is there only $1.05 billion, a reduction of more devastating. I hope that House and objection? than 50%, for Fiscal Year 2000. In addi- Senate conferees will restore SSBG to Without objection, it is so ordered. tion, it appears that the bill would also its authorized amount for Fiscal Year Mr. COCHRAN. Mr. President, I have accelerate the reduction in transfer- 2000 so that the counties who so rely on been authorized, on behalf of the lead- ability of Temporary Assistance for these funds will be able to provide the er, to announce, for the information of Needy Families—or TANF—from 10% services our constituents need, services all Senators, there will be no more to 4.25%. In other words, not only has that are vital to supporting and votes tonight. the appropriation been slashed in half, strengthening our communities. Mr. President, I suggest the absence the ability of the states and counties I thank the Chair. of a quorum. to transfer other dollars into SSBG is The PRESIDING OFFICER. The also sharply reduced. f My immediate reaction when I clerk will call the roll. MESSAGES FROM THE PRESIDENT The bill clerk proceeded to call the learned about these cuts to SSBG was roll. enormous disappointment. When I Messages from the President of the Mr. CRAIG. Mr. President, I ask travel through each of Wisconsin’s 72 United States were communicated to unanimous consent that the order for counties each year holding town-meet- the Senate by Mr. Williams, one of his the quorum call be rescinded. ing style listening sessions, many of secretaries. The PRESIDING OFFICER (Mr. my constituents have discussed with EXECUTIVE MESSAGES REFERRED BROWNBACK). Without objection, it is so me the value and importance of SSBG As in executive session the Presiding ordered. funds in enabling the provision of vi- Officer laid before the Senate messages f tally-needed services for some of our from the President of the United most vulnerable citizens. I have the States submitting sundry nominations MORNING BUSINESS benefit of a very engaged and active which were referred to the appropriate Mr. CRAIG. Mr. President, I ask Counties Association to keep me in- committees. unanimous consent that the Senate formed about the importance of assur- (The nominations received today are now proceed to a period of morning ing SSBG funding. printed at the end of the Senate pro- business, with Senators permitted to But perhaps not all of my colleagues ceedings.) speak for up to 10 minutes each. share my good fortune in this respect, f The PRESIDING OFFICER. Without perhaps some of our colleagues are not objection, it is so ordered. aware of the value of SSBG funds in REPORT ON THE OPERATION OF f their own states and communities— THE CARIBBEAN BASIN ECO- that is the only reason I can think of NOMIC RECOVERY ACT—MES- THE VERY BAD DEBT BOXSCORE why these cuts are included in the bill. SAGE FROM THE PRESIDENT— Mr. HELMS. Mr. President, at the In the event that that is the case, PM 63 close of business Friday, October 8, please allow me a few moments to The PRESIDING OFFICER laid be- 1999, the Federal debt stood at elaborate on the important services fore the Senate the following message $5,660,032,556,386.77 (Five trillion, six that SSBG dollars fund in my home from the President of the United hundred sixty billion, thirty-two mil- state of Wisconsin: States, together with an accompanying lion, five hundred fifty-six thousand, Wisconsin counties received more report; which was referred to the Com- three hundred eighty-six dollars and than $42 million in SSBG dollars in FY mittee on Finance. seventy-seven cents). 1997, the most recent year for which One year ago, October 8, 1998, the data is available. Those dollars pro- To the Congress of the United States: Federal debt stood at $5,534,496,000,000 vided services to Wisconsin’s Seniors As required by section 214 of the Car- (Five trillion, five hundred thirty-four such as home meal delivery programs ibbean Basin Economic Recovery Ex- billion, four hundred ninety-six mil- like meals-on-wheels, day programs for pansion Act of 1990 (19 U.S.C. 2702(f)), I lion). seniors, and supportive home care. transmit herewith to the Congress the Fifteen years ago, October 8, 1984, the SSBG dollars also help to provide cru- Third Report on the Operation of the Federal debt stood at $1,572,268,000,000 cial services to protect children, such Caribbean Basin Economic Recovery (One trillion, five hundred seventy-two as investigating potential child abuse Act. billion, two hundred sixty-eight mil- cases and providing protective services WILLIAM J. CLINTON. lion). for children who ARE being abused, THE WHITE HOUSE, October 12, 1999.

VerDate Mar 15 2010 21:55 Nov 01, 2013 Jkt 081600 PO 00000 Frm 00092 Fmt 0624 Sfmt 0634 E:\1999SENATE\S12OC9.REC S12OC9 mmaher on DSKCGSP4G1 with SOCIALSECURITY October 12, 1999 CONGRESSIONAL RECORD — SENATE S12421 INTRODUCTION OF BILLS AND is vitally important to the health care icaid or CHIP. 358,000 pregnant women JOINT RESOLUTIONS of children and pregnant women in and 3 million children are estimated to The following bills and joint resolu- America. The goal of this legislation is be eligible for but not enrolled in Med- tions were introduced, read the first simple—to make sure more pregnant icaid. Millions of additional children and second time by unanimous con- women and more children are covered are eligible for but not yet enrolled in sent, and referred as indicated: by health insurance so they have ac- CHIP. When Congress passed the wel- cess to the health care services they fare reform bill back in 1996, we created By Mr. TORRICELLI (for himself and Mrs. MURRAY): need to be healthy. a $500 million fund that states could S. 1716. A bill to amend the Federal Insec- The need is great—on any given day, tap into to make sure that all Med- ticide, Fungicide, and Rodenticide Act to re- almost 12 million children and almost icaid-eligible people stayed in Med- quire local educational agencies and schools half a million pregnant women do not icaid. The problem is that only about to implement integrated pest management have health insurance coverage. For 10 percent of that fund has been used, systems to minimize the use of pesticides in many of these women and children, and most states are about to lose their schools and to provide parents, guardians, they or their family simply can’t afford 3-year window of opportunity to use and employees with notice of the use of pes- insurance. Many others are actually el- these funds. My bill would allow states ticides in schools, and for other purposes; to the Committee on Agriculture, Nutrition, igible for a public program like Med- continued access to these funds by and Forestry. icaid or CHIP, but they don’t know eliminating the 3-year deadline, and it By Mr. BOND (for himself, Mr. BREAUX, they are eligible and are not signed up. would give states more flexibility to Mr. MCCAIN, Mr. BAUCUS, and Mrs. Lack of health insurance can lead to use the funds to reach out to both Med- LINCOLN): numerous health problems, both for icaid and CHIP-eligible women and S. 1717. A bill to amend title XXI of the So- children and for pregnant women. A children. cial Security Act to provide for coverage of child without health coverage is much This legislation is a smaller piece of pregnancy-related assistance for targeted less likely to receive the health care a bill I introduced earlier this year low-income pregnant women; to the Com- services that are needed to ensure the mittee on Finance. called Healthy Kids 2000. By extracting By Mr. KERRY (for himself and Mr. child is healthy, happy, and fully able it from the larger bill, we get a chance DURBIN): to learn and grow. An uninsured preg- to show the widespread support I be- S. 1718. A bill to amend the Internal Rev- nant woman is much less likely to get lieve exists for these measures. I be- enue Code of 1986 to provide a credit for med- critical prenatal care that reduces the lieve this is crucial legislation, and ical research related to developing vaccines risk of health problems for both the urge my colleagues to join me in sup- against widespread diseases; to the Com- woman and the child. Babies whose port of it so that we can pass this bill.∑ mittee on Finance. mothers receive no prenatal care or ∑ Mr. BREAUX. Mr. President, I rise By Mr. HUTCHINSON (for himself, Mr. late prenatal care are at-risk for many today to join Senator BOND in intro- SANTORUM, Mr. ABRAHAM, Mr. COVER- ducing the Mothers and Newborns DELL, Mr. MCCAIN, Mr. DEWINE, Mrs. health problems, including birth de- HUTCHISON, and Mr. BROWNBACK): fects, premature births, and low birth- Health Insurance Act of 1999. This is S. 1719. A bill to provide flexibility to cer- weight. important legislation regarding our tain local educational agencies that develop The bill I am introducing—along children’s health. voluntary public and private parental choice with Senators BREAUX, MCCAIN, and More than 12 million women of child- programs under title VI of the Elementary BAUCUS—deals with this insurance bearing age—one in five—lacked health and Secondary Education Act of 1965; to the problem in two ways. insurance in 1998, according to the Cen- Committee on Health, Education, Labor, and First, it allows states to provide pre- sus Bureau. Lack of insurance leads to Pensions. natal care for low-income pregnant bad outcomes for pregnant woman and f women under the state’s CHIP program the children. Pregnant women without SUBMISSION OF CONCURRENT AND if the state chooses. health insurance face barriers to care SENATE RESOLUTIONS Through the joint federal-state Chil- and do not receive the medical atten- dren’s Health Insurance Program, The following concurrent resolutions tion they need to have healthy babies. states are currently expanding the and Senate resolutions were read, and The Mothers and Newborns Health In- availability of health insurance for referred (or acted upon), as indicated: surance Act could provide insurance low-income children. However, federal coverage to virtually all pregnant By Mr. COVERDELL (for himself, Mr. law prevents states from using CHIP women in the United States. Such cov- CLELAND, Mr. BUNNING, Mr. SESSIONS, funds to provide prenatal care to low- Mr. KOHL, Mr. FEINGOLD, Mr. MACK, erage will have an enormous impact on Mr. MURKOWSKI, Mr. STEVENS, Mr. income pregnant women over age 19, the health of children in our nation, by LAUTENBERG, Mr. WYDEN, Mr. even though babies born to many low- ensuring pregnant women have access DEWINE, Mr. COCHRAN, Mr. CRAIG, Mr. income women become eligible for to prenatal care and automatically en- MCCONNELL, Mr. TORRICELLI, Mr. CHIP as soon as they are born. rolling their babies in their State Chil- MCCAIN, Mr. HAGEL, Mr. BURNS, Mr. As many as 45,000 additional women dren’s Health Insurance Program. DURBIN, and Mr. SCHUMER): could be covered for prenatal care. In the United States, 7.6 out of 1000 S. Res. 201. A resolution congratulating There are literally billions of dollars of babies die before their first birthday. Henry ‘‘Hank’’ Aaron on the 25th anniver- CHIP funds that states have not used sary of breaking the Major League Baseball Our nation is ranked 25th, in the world career home run record established by Babe yet, so I would hope that most states for our infant mortality rate. The sta- Ruth and recognizing him as one of the would choose this option. This provi- tistics in my home state are even more greatest baseball players of all time; consid- sion will not impact federal CHIP ex- disheartening; in Louisiana where ered and agreed to. penditures because it does not change 24.7% of childbearing age women are f the existing federal spending caps for uninsured, there are 9.8 deaths per 1000 CHIP. Babies born to pregnant women births. Many of these deaths are pre- STATEMENTS ON INTRODUCED covered by a state’s CHIP program ventable, and good prenatal care is the BILLS AND JOINT RESOLUTIONS would be automatically enrolled and first step to ensuring that babies see By Mr. BOND (for himself, Mr. receive immediate coverage under their first birthday. BREAUX, Mr. MCCAIN, and Mr. CHIP themselves. It is foolish to deny The Mothers and Newborns Health BAUCUS): prenatal care to a pregnant mother and Insurance Act of 1999 addresses these S. 1717. A bill to amend title XXI of then—only after the baby is born—pro- concerns in three ways. One, it would the Social Security Act to provide for vide the child with coverage under amend Title XXI of the Social Security coverage of pregnancy-related assist- CHIP. Prenatal care can be just as im- Act to give states the options to use ance for targeted low-income pregnant portant to a newborn baby as postnatal Children’s Health Insurance Program women; to the Committee on Finance. care, and the prenatal care is of course (CHIP) funds for health insurance cov- MOTHERS AND NEWBORNS HEALTH INSURANCE important for the mother as well. erage of uninsured low income preg- ACT OF 1999 Second, the bill will help states reach nant women. Two, it would automati- ∑ Mr. BOND. Mr. President, I rise out to women and children who are eli- cally enroll newborns to CHIP eligible today to introduce a bill that I believe gible for—but not signed up for—Med- women in CHIP for one year. And

VerDate Mar 15 2010 21:55 Nov 01, 2013 Jkt 081600 PO 00000 Frm 00093 Fmt 0624 Sfmt 0634 E:\1999SENATE\S12OC9.REC S12OC9 mmaher on DSKCGSP4G1 with SOCIALSECURITY S12422 CONGRESSIONAL RECORD — SENATE October 12, 1999 three, our bill would provide states ad- tion estimates that between now and over a lifetime, mean that a vaccine ditional opportunities to tap into a $500 2020, ‘‘nearly one billion more people will be required for control of this million fund created by the 1996 welfare will be newly infected, 200 million peo- worldwide epidemic. reform act to help expand Medicaid ple will get sick, and 70 million will die And, yet, Mr. President, bio- outreach efforts. This bill would allow from tuberculosis, if control is not technology and pharmaceutical compa- the fund to be used for any Medicaid or strengthened. Tuberculosis is not just nies in the United States, the home of CHIP outreach initiatives. an issue for some faraway countries; in the most innovative research and de- This Act could provide insurance cov- the United States, more than 19,000 velopment in the world, are not work- erage to 95% of currently uninsured cases of tuberculosis are reported an- ing on vaccines to the world’s largest women, by both increasing outreach ef- nually and increasingly we are seeing killers. Market disincentives—espe- forts to pregnant women eligible for drug-resistant strains of tuberculosis cially the lack of a viable, cash-rich Medicaid and by giving states the op- in this country but especially in the market—play against investment into tion to extend CHIP coverage to low in- states of the former Soviet Union these vaccines. Private-sector sci- come pregnant women over the age of where, according to one CDC doctor, an entists and chief executive officers 18. Since the enactment of the welfare epidemic is taking place of ‘‘the worst have a difficult time justifying to their reform law, many people who are eligi- situation for multidrug resistant tu- boards an investment in developmental ble for Medicaid or CHIP coverage do berculosis ever documented in the research toward these vaccines as long not realize it and remain unenrolled. It world.’’ Other areas of the world, such as other pharmaceutical research and is estimated that 358,000 pregnant as central India, Bangladesh, Latvia, development into products appealing woman and 3 million children are eligi- Congo, Uganda, Peru are also experi- to the developed world, like anti-de- ble for but not enrolled in Medicaid. encing near-epidemic tuberculosis cri- pressants or Viagra, present more at- Millions of additional children are eli- ses. tractive investments. gible for but not yet enrolled in CHIP. According to the World Health Orga- This market failure and the need for This legislation has the potential to nization, malaria kills more than 2 incentives is shown most dramatically lower healthcare costs and keep our ba- million people every year, and the dis- by last year’s survey by the Pharma- bies healthy. By removing barriers to ease is an important public health ceutical Research and Manufacturers prenatal care access and automatically problem in 90 countries inhabited by of America. Of the 43 vaccine projects enrolling babies in their State Chil- almost half of the world’s population. found to be in development by the sur- dren’s Health Insurance Program, we Each year, one million children under vey not one was for HIV, malaria or tu- can give our children a head start on the age of five die from complications berculosis. To find vaccines for the big- good health. Research shows that ac- associated with malaria. Again, Mr. gest infectious disease killers in the cess to appropriate prenatal care im- President, malaria is a disease we tend world, both the private and public sec- proves the outcome of pregnancy. Ac- to associate with foreign exotic lands, tors must be engaged in a bolder, more cording to the March of Dimes, pre- and overlook the fact that in this coun- creative and dramatic way. natal care—especially among lower in- try, more than one thousand people are Mr. President, with that in mind, we come women—reduces the risk of low stricken by malaria each year. Re- are introducing the Lifesaving Vaccine birth weight threefold and results in searchers at the National Institute of Technology Act, which establishes an decreased infant mortality rates and Allergies and Infectious Diseases con- income tax credit for 30 percent of the healthier babies. According to the In- tend that ‘‘conventional control meas- qualified expenses for medical research stitute of Medicine, each dollar spent ures . . . appear increasingly inad- related to the development of vaccines on prenatal care for women at high equate. . . As a result of drug-resistant against widespread diseases like ma- risk, saves $3.38 in medical care costs parasites and insecticide-resistant laria, HIV and tuberculosis, which ac- for low birth-weight babies. mosquitoes, fewer tools to control ma- cording to the World Health Organiza- This legislation is an important step laria exist today than did 25 years tion, cause more than one million to ensuring our children have bright ago.’’ deaths annually. and healthy future. I thank Senator Last year, the human This bill also declares that it is the BOND for his leadership on this bill, and immunosuppressant virus took the sense of Congress that if the vaccine I urge my colleagues to join us in sup- lives of 2.5 million, of which more than research credit is allowed to any cor- porting the Mothers and Newborns 500,000 were children under the age of poration or shareholder of a corpora- Health Insurance Act of 1999.∑ 15. In the United States, almost one tion, the corporation should certify to million are currently living with HIV- the Secretary of the Treasury that, By Mr. KERRY (for himself, and disease and 40,000 are newly infected within one year after that vaccine is Mr. DURBIN): each year. In Zimbabwe and Botswana, first licensed, the corporation will es- S. 1718. A bill to amend the Internal as many as 25 percent of the adult pop- tablish a good faith plan to maximize Revenue Code of 1986 to provide a cred- ulation is infected with HIV. In Zam- international access to high quality it for medical research related to de- bia, 72 percent of households contain a and affordable vaccines. In addition, veloping vaccines against widespread child orphaned by AIDS. South Africa, the bill expresses the sense of Congress diseases; to the Committee on Finance. which was largely isolated from HIV that the President and Federal agen- LIFESAVING VACCINE TECHNOLOGY ACT OF 1999 during its apartheid years, is now home cies (including the Departments of Mr. KERRY. Mr. President, I rise to 10 percent of the new infections in State, Health and Human Services, and today to introduce the Lifesaving Vac- Africa, and in the country’s most popu- the Treasury) should work together in cine Technology Act of 1999 with my lous province, KwaZulu-Natal, one- vigorous support of the creation and friend and colleague from Illinois, Sen- third of adults are HIV-infected. Ana- funding of a multi-lateral, inter- ator DURBIN. lysts claim that India is an AIDS dis- national effort, such as a vaccine pur- Mr. President, each year malaria, tu- aster-in-waiting: half a million people chase fund, to accelerate the introduc- berculosis and AIDS kill more than 7 in one of India’s smallest rural states tion of vaccines to which the vaccine million people, disproportionately in (Tamil Nadu) are HIV-positive, as are research credit applies and of other pri- the developing world. Each of these dis- fifteen percent of the women in one of ority vaccines into the poorest coun- eases is potentially preventable by vac- India’s more populous states tries of the world. Lastly, the bill ex- cination. (Maharashtra). presses the sense of Congress that flexi- A recent column in the Boston Globe While AIDS is entirely preventable in ble or differential pricing for vaccines, by David Nyhan sums up the situation this country and abroad, and while be- providing lowered prices for the poor- facing the developing world succinctly. havioral interventions for HIV have est countries, is one of several valid Tuberculosis causes more deaths proven effective at reducing infection strategies to accelerate the introduc- than any other infectious disease, kill- rates, many factors, including political tion of vaccines in developing coun- ing 3 million people annually. One hun- obstacles, insufficient prevention fund- tries. dred thousand children die from TB ing, forced sexual encounters, and the Mr. President, this legislation has re- each year. The World Health Organiza- difficulty of maintaining safe behavior ceived the support of the American

VerDate Mar 15 2010 21:55 Nov 01, 2013 Jkt 081600 PO 00000 Frm 00094 Fmt 0624 Sfmt 0634 E:\1999SENATE\S12OC9.REC S12OC9 mmaher on DSKCGSP4G1 with SOCIALSECURITY October 12, 1999 CONGRESSIONAL RECORD — SENATE S12423 Public Health Association, the Global lot of people who are convinced they know The Clinton administration had already Health Council, AIDS Action, the AIDS what’s wrong with the planet. written off about 90 percent of that debt, and Policy Center for Children, Youth and What is really going on here on Spaceship this final write-off of what once totaled near- Earth? Families, the International AIDS Vac- ly $6 billion will encourage the campaigners Some good things: Life expectancy, on av- of Jubilee 2000 to press other lender nations cine Initiative and the AIDS Vaccine erage, has gone up more in the last 40 years to follow suit. Clinton has been a very good Advocacy Coalition. And, I am espe- than in the previous 4,000. The Internet President, all things considered, for the cially pleased that the Clinton Admin- means near-universal access to information. poorest people of the planet. He alluded to istration has signaled their approval of Then there are the not-so-good trends, World the high-priced lobbying that goes on in the our approach. At his most recent Bank chief James Wolfensohn said Tuesday: jousting between agricultural haves to carve speech before the General Assembly of ‘‘Per-capita incomes which will stagnate or out more elbow room at the trough of mar- decline this year in all regions except East ket share: ‘‘Because we want to fight over the United Nations, President Clinton and South Asia.... with the exception of committed ‘‘the United States to a who sells the most food . . . are we supposed China, 100 million more people living in pov- to accept the fact that nearly 40 million peo- concerted effort to accelerate the de- erty today than a decade ago. In at least 10 ple a year die of hunger? That’s nearly equal velopment and delivery of vaccines for countries in Africa, the scourge of AIDS has to the number of all the people killed in malaria, TB, AIDS and other diseases reduced life expectancy by 17 years. More World War II.’’ disproportionately affecting the devel- than 33 million cases of AIDS in the world, of He had more good lines, such as ‘‘the oping world.’’ which 22 million are in Africa. Some 1.5 bil- wealth of nations depends upon the health of This bill is highly targeted: it will lion people still lacking access to safe water, nations.’’ But you get the idea. We rich na- and 2.4 million children who die each year of tions are our brother’s keeper; sister’s too. cost relatively little to implement but waterborne diseases. Some 125 million chil- would have a profound impact on dren still not in primary school.... A world [From the Albany Times Union, Mar. 14, America’s response to international where the information gap is widening. And 1999] public health needs. And it would com- the forests are being destroyed at the rate of DRUG MAKERS STILL RELUCTANT TO INVEST IN plement—certainly not supplant—cur- an acre a second.’’ HIV VACCINE rent federal efforts at USAID, the NIH These statistics are almost impossible to believe. In the time it takes to sneeze, three SCIENTIFIC UNCERTAINTY, DRUG ECONOMICS and other federal agencies to assist de- COMBINE TO DISCOURAGE EFFORTS veloping countries and to bolster vac- acres of forest are burned. And everything revolves around money. It is poverty that (By Eric Rosenberg) cine research. holds half of mankind in chains. WASHINGTON.—Soon after the AIDS epi- Mr. President, this legislation is a Next month the planet’s ridership sur- demic exploded in the 1980s, Dr. Donald companion to a bipartisan bill intro- passes 6 billion human beings. How do they Burke, a senior researcher at Baltimore’s duced in the other body by my friend live now? Half of humanity gets along on the Johns Hopkins University, began work on a and colleague from San Francisco, equivalent of $2 a day or less. Half of that vaccine against HIV, the virus that causes Congresswoman NANCY PELOSI, and 36 half lives on less than $1 a day. When a child the deadly disease. co-sponsors. Over the years, I have had born today reaches the age of 25, there will Burke made progress but knew he needed be 2 billion more people fighting for air, the financial backing and laboratory fire- the honor to work with the distin- water, food, space, roofs, jobs, schooling, power of a pharmaceutical manufacturer in guished Congresswoman on various roads, sewers, farmland. Only development order to succeed. pieces of legislation. The nation is in will spare them a life of perilous poverty. ‘‘I went to all the major companies that her debt for her tenacity and her over- As the earthling more responsible than any were involved in AIDS work at the time,’’ whelming sense of duty to country. Her single individual, perhaps even more obli- said Burke, now the director of the univer- constituents benefit daily from her gated than the President of the United sity’s Center for Immunization Research. ‘‘I leadership, and I am pleased to be asso- States, for the well-being of mankind and couldn’t get anybody interested and I was the development of economic structures to shocked.’’ ciated with her again today. make mankind’s future more secure, Burke’s experience highlights the fact I am hopeful that the positive re- Wolfensohn asked: ‘‘What have we learned that, with a few exceptions, the pharma- sponse Congresswoman PELOSI has about development?’’ ceutical industry has been reluctant to com- found in the other body is replicated in ‘‘We have learned that development is pos- mit resources toward such a goal, despite the Senate and that our colleagues join sible but not inevitable, that growth is es- worldwide demand for a vaccine to protect the Senator from Illinois, Senator DUR- sential but not sufficient to ensure poverty against a disease that afflicts 35 million peo- BIN, and I in passing the Lifesaving reduction.’’ And it is essential to help poor ple and infects 16,000 more people daily. Vaccine Technology Act as quickly as people with local institutions, controlled by According to the Pharmaceutical Research them, insulated against the corruption, both and Manufacturers of America, a trade orga- possible. petty and grand, that turns so many cops nization that represents prescription drug Mr. President, I ask unanimous con- and bureaucrats in poor countries into petty makers, companies are sinking research dol- sent that the Nyhan column, an article despots or grand thieves on the scale of the lars into 101 new treatments for people in- which appeared in the Albany Times- Baligate thieves who sacked the treasury of fected with HIV. Union about the market difficulties of Indonesia and pitched the world’s fourth- These include new classes of antiviral developing an AIDS vaccine, and a Con- largest nation into anarchy. drugs to suppress the HIV virus once a per- gressional Research Service study of He quoted from a massive World Bank son is infected; medications to fight AIDS- study, ‘‘Voice of the Poor,’’ distilled from related diseases such as Kaposi’s Sarcoma; the bill be printed in the RECORD. 60,000 poor people in 60 countries: ‘‘Poverty is and drugs to fend off opportunistic infections There being no objection, the mate- much more than a matter of income alone. that attack when the immune system is sup- rial was ordered to be printed in the The poor seek a sense of well-being—which is pressed by HIV. RECORD, as follows: peace of mind.’’ Although President Clinton has made de- [From the Boston Globe, Oct. 1, 1999] Here’s the bulletin: The poor of the planet velopment of an AIDS vaccine a top priority are just like us cozy Americans. What they and Congress has budgeted nearly $200 mil- IT’S MOSTLY BAD NEWS FOR THE POOREST want is what we’ve got. ‘‘It is good health, lion this year alone for the effort, companies PEOPLE ON THE PLANET community, and safety. It is choice, and are investing in only 12 experimental vaccine (By David Nyhan) freedom, as well as a steady source of in- proposals. Human nature being what it is, the hawk- come.’’ He quoted the old African woman: Nearly 20 years after the disease erupted, ers of news prosper more off what arouses ‘‘to live in love without hunger’’; the East- only one AIDS vaccine has received Food and the customer than that which accurately in- ern European survivor of communism: ‘‘to be Drug Administration approval for wide- forms. well is to know what will happen to me to- spread human testing. That vaccine is under That’s why you get more sizzle than steak, morrow’’; the mother in Southeast Asia: development by VaxGen, a small, 52-em- particularly when matters ‘‘foreign’’ are ad- ‘‘When my child asks for something to eat, I ployee biotechnology firm, of South San dressed. Pictures of a boy dragged from the say the rice is cooking until he falls asleep Francisco, Calif. earthquake’s rubble or a riot squad in action from hunger. For there is no rice.’’ More than 90 percent of the world’s vac- are more compelling than footage of some The day after Wolfensohn laid out the cines against other diseases are produced by middle-aged bureaucrat rattling on about challenge, President Clinton showed up to five companies: Merck & Co., of Whitehouse poverty statistics. But today we’re holding announce cancellation of that portion of the Station, N.J., SmithKline Beecham and the sizzle and serving you teak in the form of debt owed the United States by 36 of the Wyeth-Lederle of Philadelphia, Pasteur speeches made in Washington this week be- poorest countries that had not already been Merieux Connaught of Swiftwater, Pa., and fore the annual meeting of the World Bank forgiven. The Pope and a number of celeb- Chiron Corp. of Emeryville, Calif. and the International Monetary Fund, two rities had been agitating for debt forgive- All are involved to varying degrees in outfits that have become punching bags for a ness. AIDS vaccine research. For example,

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SmithKline Beecham has only a small AIDS MEMORANDUM that the plant where it is produced meets the vaccine effort underway. ‘‘At this point it’s CONGRESSIONAL RESEARCH SERVICE, FDA’s stringent standards for purity, clean- not one of the major efforts in our vaccine LIBRARY OF CONGRESS, liness, and quality control, the vaccine can programs,’’ said Richard Koenig, a Washington, DC, October 6, 1999. be marketed in the United States. This SmithKline spokesman. To: Hon. Nancy Pelosi and Hon. John Kerry; means that the FDA requires vaccine firms Pasteur, on the other hand, has aggres- attention: Chris Collins and Ryan McCor- to construct and start up manufacturing fa- sively pursued an experimental vaccine that mick. cilities for new products several years before is nearing government approval for a large- From: Gary Guenther, analyst in business they can gain marketing approval—and thus scale human study. taxation and finance, government and fi- begin to earn a return on the funds invested Other companies started, but then cur- nance. in their development. tailed, AIDS vaccine programs. They include Subject: Effectiveness of the proposed tax The economics of vaccine innovation has Bristol-Myers Squibb, British Biotech and credits for vaccine research in H.R. 1274. important implications for the structure of Immuno AG. Responding to your request, this memo- the vaccine industry. High fixed costs for re- Dr. Donald Francis, president of VaxGen randum assesses the likely effectiveness of search, production setup, and obtaining and and a former AIDS specialist at the federal the proposed tax credits for vaccine research maintaining FDA marketing approval result Centers for Disease Control and Prevention, in H.R. 1274. Effectiveness in this case sig- in marginal vaccine production costs that said that if VaxGen and Pasteur fail, nifies the likely rise in domestic investment are significantly below average vaccine pro- ‘‘There’s nothing five years behind us. That’s in vaccine research and development (R&D) duction costs. Such a cost structure is not it in the AIDS vaccine field.’’ in response to the tax credits. This method conducive to the existence of multiple sellers Lagging science and drug economics are of assessing the proposed credits’ effective- of the same vaccines. As a seller’s output ex- the two considerations underlying the mod- ness boils down to comparing the additional pands, its average costs decline; and as those est corporate interest in AIDS vaccines. vaccine R&D induced by one dollar of tax costs fall, its ability to underprice its com- Scientists have made strides unlocking the credit claimed, which is a way of analyzing petitors and still cover its costs grows.3 The mysteries of how the virus operates after it the benefit-cost ratio for the credit. The pro- degree of competition in the world vaccine infects a person. While the knowledge has posed credits also raise the issue of whether industry seems to confirm this crucial point. been key to making new drugs that slow or such a subsidy can be justified on economic Vaccine production in the United States and halt the disease’s deadly progression, it grounds. This issue is discussed briefly in the the rest of the world has been highly con- doesn’t point to the discovery of a vaccine final section. centrated: in 1994, four firms (Institut that would render a healthy person immune Two noteworthy conclusions emerge from Merieux, Merck, SmithKline Beecham, and to HIV. the analysis presented here. One is that the American Cyanamid) accounted for between Dr. Peggy Johnston, the assistant director proposed tax credits can be expected to spur 65% and 80% of world sales of vaccines; and for AIDS vaccines at the National Institute increased investment in vaccine R&D by the in 1993, the same four firms produced nearly for Allergy and Infectious Diseases, said private sector, by both increasing expected all the pediatric vaccines purchased in the company officials worry that not enough is after-tax returns on this investment and im- United States.4 known about how HIV works to warrant a proving the access of small startup firms to In the United States, the federal govern- large vaccine investment. equity capital for investment in vaccine ment finances the lion’s share of basic re- ‘‘There are enormous challenges that AIDS R&D. The second conclusion relates to the search in vaccines, where the emphasis is on presents that are unparalleled compared economic rationale for the proposed tax understanding the fundamental mechanisms with other viruses,’’ said Johnston. credits: they are justified on economic of infectious disease and the immune system. For example, HIV is proving more resilient grounds to the extent that they attempt to Once a vaccine research project advances to than other viruses. Vaccines typically fend correct failures in the market for vaccines the level of applied research and develop- off disease by stimulating the body’s produc- that result in economically inefficient levels ment, where the emphasis is on producing tion of antibodies which in turn destroy an of domestic investment in vaccine R&D. and testing specific products with commer- invading virus. However, HIV appears to de- If you have any questions about this anal- cial potential, the private sector takes the fend itself with a kind of sugar-based shield ysis, please call me at 7–7742. lead in financing. Near the end of the devel- to fend off antibodies. THE ECONOMICS OF VACCINE INNOVATION opment cycle for vaccines, the federal gov- Another problem is that different strains Vaccines are among the most cost-effec- ernment becomes more involved again by of HIV exist in the West and in Africa and tive weapons in the arsenal of modern medi- helping fund clinical trials to test the safety 5 Asia. So a vaccine to protect against the cine against the spread of contagious dis- and efficacy of new vaccines. According to North American variety might not work eases, lethal and non-lethal. By strength- one estimate, the federal government pro- against other strains. ening an individual’s immune system to re- vided $500 million (or 36%) of the $1.4 billion The economics of vaccines also are sist a wide range of infectious diseases, they spent on U.S. vaccine R&D in 1995, and the daunting. offer a relatively inexpensive means of low- private sector contributed the remaining The average vaccine costs about $100 mil- ering a society’s overall cost of medical care. $900 million (or 64%), with the lion’s share lion to develop. But because the scientific While historically vaccines have been used coming from four large, established sellers of understanding of HIV is murky, a company to prevent a variety of diseases, intensive ef- vaccines: Merck, the Wyeth-Lederle division could commit the resources and more than a forts are being made to develop vaccines that of American Home Products, SmithKline decade of work and still fail to invent a vac- can treat certain diseases—mainly cancer Beecham, and the Pasteur Merieux 6 cine. and AIDS—after an individual contracts Connaught division of Rhone Poulenc. In order to make a profit on vaccines, them. In the past decade, the private sector has which are typically priced in the $1 to $5 per On the whole, the development of new vac- shown a vibrant interest in vaccine innova- shot range, a drug maker must sell millions cines is a long, costly, and risky process. It tion, and investment in vaccine R&D has of inoculations. While industrialized coun- typically takes 10 years and requires outlays risen accordingly. While a number of factors tries could easily afford the price, much of of $100 million to bring a new vaccine from have come together to spur this interest, a the developing world, which is the largest the research laboratory to the medical mar- key driving force has been the revolutionary potential market for an AIDS vaccine, would ketplace.1 In addition, firms seeking to de- advances in the understanding of the molec- have difficulty. velop new vaccines face a considerable risk ular basis of the immune system and disease The profitability issue is fueling a proposal of failure. A 1989 study estimated that only 3 engineered by biotechnology. Recombinant by the International AIDS Vaccine Initiative out of 10 vaccines that enter clinical trials technology is now being used to improve ex- (IAVI), an advocacy group based in New end up being approved for general use.2 For isting vaccines and to produce new ones, to York, that is pressing wealthy nations to the most part, vaccine development passes design more efficient combinations of exist- create a $1 billion AIDS vaccine purchase through the same stages as the development ing vaccines, and to find better ways of de- fund for the Third World, effectively assur- of new therapeutic drugs: a period of basic livery than a shot in the arm. Moreover, ing profit to a successful manufacturer. research or discovery, followed by the filing most vaccine industry executives are con- ‘‘We think the fund would provide a very of an investigational new drug application vinced that the new vaccines developed strong incentive for industry,’’ said Victor with the U.S. Food and Drug Administration through the application of recombinant tech- Zonana, a vice president at IAVI. ‘‘The com- (FDA), followed by three stages of clinical nology will gain patent protection, unlike panies would know that in addition to their trials. Vaccine development, however, de- traditional vaccines which are derived from markets in industrialized countries, they parts from the path of new drug development naturally occurring organisms and thus not would have a guaranteed paying market in during the third phase of clinical trials, eligible for patent protection. Patented vac- developing countries.’’ when a firm developing a new vaccine must cines tend to command much higher prices But pharmaceutical executives believe file both a product license application and an in private markets than those lacking patent that even with such a fund in place, a vac- establishment license application with the protection. By one account, as of May 1998, cine won’t be as profitable as are AIDS FDA; firms developing new therapeutic drugs at least 50 biotechnology firms had joined therapeutic drugs, which are taken for the only are required to file a new drug applica- the large, established producers of vaccines lifetime of a patient as opposed to only a few tion at this stage. Once the FDA is satisfied times, as are vaccines. that the vaccine is safe and effective and Footnotes at end of document.

VerDate Mar 15 2010 21:55 Nov 01, 2013 Jkt 081600 PO 00000 Frm 00096 Fmt 0624 Sfmt 0634 E:\1999SENATE\S12OC9.REC S12OC9 mmaher on DSKCGSP4G1 with SOCIALSECURITY October 12, 1999 CONGRESSIONAL RECORD — SENATE S12425 in the search for new vaccines, and about 75 qualified vaccine research a tax credit equal enacted. Investors would be eligible for a flat new vaccines were in various stages of devel- to 20% of the amount they pay for the stock, 20% tax credit on purchases of common opment worldwide.7 The economies of scale provided two conditions are met. First, the stock issued by small vaccine firms, provided in vaccine production, however, make it un- firm whose stock is bought must use the pro- the firms invest the proceeds from the stock likely that many of small startup firms now ceeds within 18 months of the date of pur- purchases in qualified research within 18 engaged in vaccine R&D will grow into large, chase to pay for research that qualifies for months of the purchase. As a result, inves- independent producers. Although public data the vaccine reseach credit. Second, the firm tors would face lower marginal tax rates on on vaccine R&D are sparse and not system- must waive its right to claim a tax credit for the returns to these investments than on the atically collected, figures on pharmaceutical the vaccine research funded by the stock returns to alternative investments. This dif- R&D reported by the Pharmaceutical Re- purchases. Under H.R. 1274, qualified re- ference could lead them to invest more in search and Manufacturers of America search stock is defined as any stock issued small vaccine firms than they otherwise (PhRMA) appear to underscore the renewed by a firm that is subject to the corporate in- would, augmenting their available funds for interest in vaccine R&D in the pharma- come tax and has gross assets of $50 million R&D. Innovation is the main route of entry ceutical industry. In its latest profile of the or less; the stock must be issued after the into the vaccine business for small firms. U.S. pharmaceutical industry, PhRMA re- date the bill is enacted and acquired ‘‘at its How much is vaccine R&D spending likely ports that domestic R&D investment in original issue in exchange for money or to increase in response to the proposed cred- biologicals, a product class that is domi- other property (not including stock).’’ it? This is difficult to analyze in the absence nated by vaccines, rose from $274 million (or LIKELY IMPACT OF H.R. 1274 ON U.S. VACCINE of reliable estimates of the responsiveness of 4.7% of domestic pharmaceutical R&D) in R&D vaccine R&D to changes in its after-tax price. The proposed credit lowers the after- 1989 to $716.8 million (or 5.3% of domestic How are the proposed tax subsidies in H.R. tax price of qualified R&D, and in theory pharmaceutical R&D) in 1996. 1274 likely to affect vaccine R&D? The an- vaccine firms can be expected to perform INTENDED PURPOSE OF H.R. 1274, THE swer hinges largely on the effect of the sub- more R&D as a result. A variety of studies LIFESAVING VACCINE TECHNOLOGY ACT OF 1999 sidies on two key determinants of business have estimated that in the 1980s the ‘‘tax The central aim of H.R. 1274 is to boost R&D investments: the expected after-tax price elasticity of total (U.S.) R&D spend- U.S. investment in the development of vac- rate of return on such investments and the ing’’ was unity or even higher, meaning that cines for diseases that kill large numbers of availability and cost of capital to finance U.S. firms responded to a 1% decline in the people each year, especially in developing the investments. countries. Its chief policy instrument for For firms seeking to develop new or im- after-tax price of R&D by increasing their 9 achieving this objective is a tax credit equal proved vaccines, the decision to invest in R&D spending by 1% in that decade. Assum- to 30% of qualified vaccine research expenses R&D is no different in principle from a deci- ing vaccine firms exhibit the same tax price in a tax year. Under the bill, qualified vac- sion to invest in any other capital asset, elasticity today, a research tax credit with a cine research expenses are defined as a firm’s such as a new production facility. The key marginal effective rate of 19.5% could lead to in-house and contract research expenses re- considerations are the expected after-tax re- a rise of as much as 19.5% in domestic vac- lated to the discovery and development of turns on the proposed R&D projects, the cost cine R&D spending. However, this estimate vaccines for malaria, tuberculosis, HIV, or of capital or funds for the projects, and the cannot be regarded as reliable and could be any infectious disease that kills over one availability of funds to finance the projects. greatly exaggerated, because it is unlikely million persons annually, as determined by Small startup firms are more likey than that the sensitivity of R&D investment to the World Health Organization. The defini- large, well-established firms to have trouble changes in its after-tax price remains con- tion of qualified research expenses under funding R&D projects out of retained earn- stant over time and is the same for all kinds H.R. 1274 is identical to the definition of re- ings or raising funds in debt or equity mar- of R&D projects, and because vaccine firms search expenses that qualify for the research kets to finance these projects. In theory, a would be likely to differ in their ability to and experimentation (R&E) tax credit, with vaccine firm will invest in R&D projects up use the credit in any given year. Furthermore, there is some reason to be- one significant exception: the proposed vac- to the point where the expected after-tax lieve that the proposed vaccine research tax cine research tax credit would apply to 75% rate of return on a possible project matches credit would eventually be as cost-effective of qualified contract research expenses, the firm’s cost of capital. Projects with the as direct spending by the federal government whereas the R&E tax credit applies to only largest gap between expected after-tax rates on vaccine R&D. A number of studies have 65% of such expenses—except in the case of of returns and the cost of capital are likely concluded that the existing R&E tax credit contract research performed by certain re- to receive the highest priority. search consortia, where 75% of the expenses H.R. 1274 can be expected to increase the yields roughly a dollar-for-dollar increase in qualify for the credit. Like the R&E tax level of domestic vaccine R&D by both in- reported R&D at the margin, but that in the credit, public or private grants for vaccine creasing the expected after-tax rates of re- early years of the credit firms were not as research are ineligible for the credit. In addi- turn on possible research projects and im- responsive as they were adjusting to the 10 tion, any research expenses claimed for the proving the access of smaller, newer vaccine credit’s availability. In other words, these vaccine research credit cannot also be firms to equity markets. The proposed flat studies suggest that government spending claimed for the R&E tax credit, although 30-percent tax credit on qualified vaccine re- programs and the R&E tax credit are equally qualified vaccine research expenses could be search would be one of the factors shaping effective in increasing the amount of quali- used to calculate the base amount for the the expected after-tax returns on vaccine fied research performed in the United States. R&E credit; and with the exception of ex- R&D investments. Other important factors ECONOMIC JUSTIFICATION FOR A TAX CREDIT penses for human clinical testing conducted are the eventual size of the market for the FOR VACCINE RESEARCH abroad, no credit is available for foreign vac- vaccine, the predictability of prices and Under conventional economic theory, the cine research. H.R. 1274 also specifies that usage rates for the vaccine, expected produc- use of a subsidy such as a research tax credit the proposed vaccine research credit would tion costs, exposure to liability suits for side is justified if its ultimate aim is to correct become part of the general business credit effects of the vaccine, patent protection, the some sort of market failure. In the case of and thus subject to its limitations; any por- ease of entry into the market for the vac- R&D, the R&E tax credit is one way to offset tion of the vaccine research credit that can- cine, and the cost of capital.8 The proposed the tendency of firms to underinvest in R&D not be used in the tax year in which it is credit would increase expected after-tax because of the gap between the social and earned could be carried forward to a suc- rates of return. Under current tax law, firms private returns to research. Economists ceeding tax year, but the unused portion performing vaccine R&D can claim the 20% argue that in the absence of government sup- could not be carried back beyond the year in R&E tax credit for qualified research. But port for R&D, firms are likely to invest too which the credit was enacted. Finally, like because of the rules governing the use of the little in R&D because they cannot appro- the R&E credit, qualified research expenses credit, the marginal effective rate of the priate all the returns to those investments. that are deducted under section 174 of the In- credit is 6.5% or 13% on each additional dol- So the R&E tax credit, by lowering the after- ternal Revenue Code (IRC) must be reduced lar spent on vaccine research by firms in the tax cost of qualified research, is intended to by the amount of any vaccine research credit 35-percent corporate tax bracket. If H.R. 1274 spur firms to invest more in R&D than they claimed. This requirement has important were enacted, the same firms could claim a otherwise would. Ideallly, the added R&D implications for the marginal effective rate tax credit for qualified research with a mar- stimulated by the credit is enough to raise of the credit, because whatever vaccine re- ginal effective rate of 19.5%; the rate would domestic R&D spending to the level com- search credit is claimed in effect is taxed at not be 30% because of the requirement that mensurate with the social returns to R&D. a firm’s marginal corporate income tax rate. any credit claimed must be added to a firm’s The market failure that the R&E tax credit H.R. 1274 would also create a less direct tax taxable income. All other things being equal, is attempting to remedy is underinvestment subsidy for vaccine R&D. This subsidy is tar- as a firm’s marginal effective rate for the in R&D arising from the inability of firms geted at investors and is intended to make it vaccine research credit goes up, the after-tax performing R&D to capture all the profits easier for small firms involved in vaccine rate of return to this research rises. generated by the investment. R&D to raise money in equity markets. Spe- In addition, vaccine firms that are con- These considerations raise the issue of cifically, the bill would grant individuals or strained by a lack of funds in pursuing re- whether the proposed tax credit for vaccine firms that purchase the ‘‘qualified research search opportunities could be expected to in- research in H.R. 1274 is justified on economic stock’’ of small firms undertaking or funding vest more in vaccine R&D if H.R. 1274 were grounds. Is there a failure in the market for

VerDate Mar 15 2010 21:55 Nov 01, 2013 Jkt 081600 PO 00000 Frm 00097 Fmt 0624 Sfmt 0634 E:\1999SENATE\S12OC9.REC S12OC9 mmaher on DSKCGSP4G1 with SOCIALSECURITY S12426 CONGRESSIONAL RECORD — SENATE October 12, 1999 vaccines that would warrant the adoption of diseases for which vaccines exist.12 Clearly, sponsor of S. 1264, a bill to amend the such a subsidy? As was suggested earlier, other policy initiatives would be needed to Elementary and Secondary Education there are external economic benefits from address these factors. Act of 1965 and the National Education controlling the spread of infectious diseases. FOOTNOTES The cost to society of preventing an out- Statistical Act of 1994 to ensure that 1 break of an infectious disease tends to be Sing, Merrile and Mary Kaye Willian. ‘‘Supplying elementary and secondary schools pre- Vaccines.’’ Supplying Vaccine: An Economic Anal- pare girls to compete in the 21st cen- much lower than the cost of treating the ysis of Critical Issues. Pauly, Mark, et al., editors. outbreak that might occur in the absence of Washington, D.C., IOS Press, 1996. P. 61. tury, and for other purposes. immunization. This raises the possibility 2 Grabowski, Henry G. and John M. Vernon. The S. 1265 that private firms invest less in vaccine R&D Search For New Vaccines. Washington, D.C., Amer- At the request of Mr. COVERDELL, the ican Enterprise Institute Press, 1997. P. 20. than its potential social benefits warrant. name of the Senator from South Caro- Partly in an effort to correct for such a mar- 3 Pauly, Mark V. and Bridget E. Cleff. ‘‘The Eco- ket failure, the federal government supports nomics of Vaccine Policy: A Summary of the lina (Mr. HOLLINGS) was added as a co- vaccine R&D through its funding of basic re- Issues.’’ Supplying Vaccines. P. 7. sponsor of S. 1265, a bill to require the 4 Sisk, Jane E. ‘‘The Relationship between Sci- search in vaccines and clinical trials for new entific Advances and the Research, Development, Secretary of Agriculture to implement vaccines. Its research support is also in- and Production of Vaccines in the United States.’’ the Class I milk price structure known tended to direct vaccine investment to ad- Supply Vaccines. p. 181; and FIND/SVP. The World as Option A–1 as part of the implemen- dress current and future public health needs. Market for Vaccines. New York, October 1995. P. 169. tation of the final rule to consolidate 5 Sisk, Jane E. Supplying Vaccines. P. 177. In addition, it offers two tax subsidies for Federal milk marketing orders. R&D, namely: the R&E tax credit and the ex- 6 Marcuse, Edgar K., et. al. ‘‘United States Vaccine pensing of R&D costs under IRC section 174. Research: A Delicate Fabric of Public and Private S. 1277 Collaboration.’’ Pediatrics, December 1997. P. 1017. At the request of Mr. GRASSLEY, the Although these subsidies are not targeted at 7 Vaccines: Big Shots. Economist, May 9, 1998. P. vaccine research but are available to all 63. names of the Senator from Wyoming firms that perform qualified research, they 8 Sisk, Jane E. Supplying Vaccines. P. 175. (Mr. ENZI) and the Senator from South benefit vaccine firms by increasing their po- 9 Hall, Bronwyn H. and John van Reenen. How Ef- Carolina (Mr. THURMOND) were added as tential aftertax rate of returns on R&D in- fective Are Fiscal Incentives for R&D: A Review of cosponsors of S. 1277, a bill to amend the Evidence. Working Paper 7098. Cambridge, MA, vestments. The proposed vaccine research title XIX of the Social Security Act to tax credit would supplant the R&D tax credit National Bureau of Economic Research, April 1999. for vaccine firms, but its treatment of quali- P. 21. establish a new prospective payment 10 Hall, Bronwyn H. How Effective Are Fiscal In- system for Federally-qualified health fied research would be more favorable, in- centives for R&D? P. 21. creasing the expected profitability of vaccine 11 Holtmann, Alphonse G. ‘‘The Economics of U.S. centers and rural health clinics. F&D investment relative to other kinds of Immunization Policy.’’ Supplying Vaccine. P. 155. S. 1448 R&D investment. 12 Pauly, Mark V. and Bridget E. Cleff. ‘‘The Eco- At the request of Mr. HUTCHINSON, Thus, an important policy issued for Con- nomics of Vaccine Policy.’’ Supplying Vaccine. P. the name of the Senator from South gress is whether the current level of domes- 12–16. Dakota (Mr. DASCHLE) was added as a tic vaccine R&D investment is socially desir- f able or efficient. And if not, would the pro- cosponsor of S. 1448, a bill to amend the posed tax credit in H.R. 1274 be more effi- ADDITIONAL COSPONSORS Food Security Act of 1985 to authorize cient than added federal funding of vaccine S. 26 the annual enrollment of land in the R&D or some other policy measure (such as At the request of Mr. FEINGOLD, the wetlands reserve program, to extend government grants to international agencies name of the Senator from Iowa (Mr. the program through 2005, and for other that purchase and distribute needed vaccines purposes. in poor countries) in raising total invest- HARKIN) was added as a cosponsor of S. ment to such a level. From the perspective of 26, a bill entitled the ‘‘Bipartisan Cam- S. 1539 economic efficiency, the R&D projects that paign Reform Act of 1999’’. At the request of Mr. DODD, the should be promoted are those with the larg- S. 51 names of the Senator from Washington est gaps between the social and private rates (Mrs. MURRAY) and the Senator from At the request of Mr. BIDEN, the of return. Yet vaccine firms are likely to use name of the Senator from Delaware New Mexico (Mr. BINGAMAN) were any research tax credits to fund first those added as cosponsors of S. 1539, a bill to (Mr. ROTH) was added as a cosponsor of projects with the highest expected private provide for the acquisition, construc- rates of return. At the same time, there is no S. 51, a bill to reauthorize the Federal tion, and improvement of child care fa- certainty that the federal government could programs to prevent violence against do a better job of targeting those vaccine women, and for other purposes. cilities or equipment, and for other R&D projects with the largest spillover ef- purposes. S. 80 fects. If it is determined that domestic vac- S. 1547 At the request of Ms. SNOWE, the cine R&D is less than socially optimal, per- At the request of Mr. BURNS, the name of the Senator from Iowa (Mr. haps a combination of a targeted tax credit names of the Senator from Massachu- GRASSLEY) was added as a cosponsor of like the one proposed in H.R. 1274 and in- setts (Mr. KERRY) and the Senator from creased government support for basic and ap- S. 80, a bill to establish the position of Hawaii (Mr. AKAKA) were added as co- plied vaccine research would be more attrac- Assistant United States Trade Rep- sponsors of S. 1547, a bill to amend the tive than relying solely on one instrument or resentative for Small Business, and for Communications Act of 1934 to require the other. other purposes. Another policy issue for Congress raised by the Federal Communications Commis- the proposed tax credits in H.R. 1274 relates S. 345 sion to preserve low-power television to the external benefits of mass immuniza- At the request of Mr. ALLARD, the stations that provide community tions. The economic benefits to a society name of the Senator from Michigan broadcasting, and for other purposes. from vaccinations far outweigh the benefits (Mr. ABRAHAM) was added as a cospon- to individual consumers, who in deciding S. 1619 sor of S. 345, a bill to amend the Ani- At the request of Mr. DEWINE, the whether or not to purchase vaccines for mal Welfare Act to remove the limita- themselves or their children tend to consider names of the Senator from Montana only the costs and benefits to themselves tion that permits interstate movement (Mr. BURNS), the Senator from Idaho, and not the potential benefits to others in of live birds, for the purpose of fight- (Mr. CRAIG), and the Senator from the community. Even if the market for vac- ing, to States in which animal fighting North Carolina (Mr. HELMS) were added cines were perfectly competitive, it is un- is lawful. as cosponsors of S. 1619, a bill to amend likely that immunization levels would be so- S. 1110 the Trade Act of 1974 to provide for cially optimal.11 Thus government interven- At the request of Mr. LOTT, the name tion in the development and distribution of periodic revision of retaliation lists or vaccines is certainly justified on economic of the Senator from Michigan (Mr. other remedial action implemented grounds. The proposed tax credits would spur ABRAHAM) was added as a cosponsor of under section 306 of such Act. the development of new vaccines, but they S. 1110, a bill to amend the Public S. 1644 would not lessen any of the barriers to the Health Service Act to establish the Na- At the request of Mr. ABRAHAM, the achievement of universal immunization with tional Institute of Biomedical Imaging name of the Senator from North Caro- available vaccines. Low immunization rates and Engineering. lina (Mr. HELMS) was added as a co- are due to a variety of factors, including out- S. 1264 of-pocket costs, parental attitudes and sponsor of S. 1644, a bill to provide ad- knowledge, access to health clinics or doc- At the request of Ms. SNOWE, the ditional measures for the prevention tors’ offices, the perceived efficacy of vac- name of the Senator from South Da- and punishment of alien smuggling, cines, and the perceived risk of contracting kota (Mr. DASCHLE) was added as a co- and for other purposes.

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SENATE CONCURRENT RESOLUTION 32 (1) congratulates Henry ‘‘Hank’’ Aaron on intelligence gathering and analytical capa- At the request of Mr. CONRAD, the his great achievements in baseball and rec- bilities and operations to ensure accurate name of the Senator from North Caro- ognizes Henry ‘‘Hank’’ Aaron as one of the and comprehensive information on world- greatest professional baseball players of all wide nuclear arsenals, nuclear weapons de- lina (Mr. HELMS) was added as a co- velopment programs, and related nuclear sponsor of Senate Concurrent Resolu- time; and (2) commends Henry ‘‘Hank’’ Aaron for his programs. tion 32, a concurrent resolution ex- commitment to young people, earning him a (6) WITHDRAWAL UNDER THE ‘‘SUPREME IN- pressing the sense of Congress regard- permanent place in both sports history and TERESTS’’ CLAUSE.— ing the guaranteed coverage of chiro- American society. (A) SAFETY AND RELIABILITY OF THE U.S. NU- CLEAR DETERRENT; POLICY.—The United practic services under the f Medicare+Choice program. States— AMENDMENTS SUBMITTED (i) regards continued high confidence in SENATE RESOLUTION 190 the safety and reliability of its nuclear weap- At the request of Mr. CAMPBELL, the ons stockpile as a matter affecting the su- name of the Senator from Virginia (Mr. preme interests of the United States; and THE COMPREHENSIVE NUCLEAR WARNER) was added as a cosponsor of (ii) will regard any events calling that con- TEST-BAN TREATY Senate Resolution 190, a resolution des- fidence into question as ‘‘extraordinary events related to the subject matter of the ignating the week of October 10, 1999, Treaty’’ under Article IX(2) of the Treaty. through October 16, 1999, as National DASCHLE EXECUTIVE (B) CERTIFICATION BY SECRETARY OF DE- Cystic Fibrosis Awareness Week. AMENDMENT NO. 2291 FENSE AND SECRETARY OF ENERGY.—Not later f than December 31 of each year, the Secretary Mr. BIDEN (for Mr. DASCHLE) pro- of Defense and the Secretary of Energy, after SENATE RESOLUTION 201—CON- posed an amendment to the resolution receiving the advice of— GRATULATING HENRY ‘‘HANK’’ to advise and consent to the Com- (i) the Nuclear Weapons Council (com- AARON ON THE 25TH ANNIVER- prehensive Nuclear Test-Ban Treaty prised of representatives of the Department SARY OF BREAKING THE MAJOR (Treaty Document 105–28); as follows: of Defense, the Joint Chiefs of Staff, and the Department of Energy), LEAGUE BASEBALL CAREER Strike all after the resolving clause and in- (ii) the Directors of the nuclear weapons HOME RUN RECORD ESTAB- sert the following: laboratories of the Department of Energy, LISHED BY BABE RUTH AND ‘‘SECTION 1. SENATE ADVICE AND CONSENT SUB- and RECOGNIZING HIM AS ONE OF JECT TO CONDITIONS. (iii) the Commander of the United States THE GREATEST BASEBALL The Senate advises and consents to the Strategic Command, PLAYERS OF ALL TIME ratification of the Comprehensive Nuclear shall certify to the President whether the Test Ban Treaty, opened for signature and United States nuclear weapons stockpile and Mr. COVERDELL (for himself, Mr. signed by the United States at New York on all critical elements thereof are, to a high CLELAND, Mr. BUNNING, Mr. SESSIONS, September 24, 1996, including the following degree of confidence, safe and reliable. Such Mr. KOHL, Mr. FEINGOLD, Mr. MACK, annexes and associated documents, all such certification shall be forwarded by the Presi- Mr. MURKOWSKI, Mr. STEVENS, Mr. LAU- documents being integral parts of and collec- dent to Congress not later than 30 days after TENBERG, Mr. WYDEN, Mr. DEWINE, Mr. tively referred to in this resolution as the submission to the President. COCHRAN, Mr. CRAIG, Mr. MCCONNELL, ‘‘Treaty,’’ (contained in Senate Treaty docu- (C) RECOMMENDATION WHETHER TO RESUME NUCLEAR TESTING.—If, in any calendar year, Mr. TORRICELLI, Mr. MCCAIN, Mr. ment 105–28), subject to the conditions in section 2: the Secretary of Defense and the Secretary HAGEL, Mr. BURNS, Mr. DURBIN, and Mr. (1) Annex 1 to the Treaty entitled ‘‘List of of Energy cannot make the certification re- SCHUMER) submitted the following res- States Pursuant to Article II, Paragraph 28’’. quired by subparagraph (B), then the Secre- olution; which was considered and (2) Annex 2 to the Treaty entitled ‘‘List of taries shall recommend to the President agreed to: States Pursuant to Article XIV’’. whether, in their opinion (with the advice of S. RES 201 (3) Protocol to the Comprehensive Nuclear the Nuclear Weapons Council, the Directors Whereas Henry ‘‘Hank’’ Aaron hit a his- Test-Ban Treaty. of the nuclear weapons laboratories of the toric home run in 1974 to become the all-time (4) Annex 1 to the Protocol. Department of Energy, and the Commander Major League Baseball home run leader; (5) Annex 2 to the Protocol. of the United States Strategic Command), Whereas Henry ‘‘Hank’’ Aaron over the SEC. 2. CONDITIONS. nuclear testing is necessary to assure, with a course of his career created a lasting legacy The advice and consent of the Senate to high degree of confidence, the safety and re- in the game of baseball and continues to con- the ratification of the Treaty is subject to liability of the United States nuclear weap- tribute to society through his Chasing the the following conditions, which shall be ons stockpile. (D) WRITTEN CERTIFICATION; MINORITY Dream Foundation; binding upon the President: VIEWS.—In making the certification under Whereas Henry ‘‘Hank’’ Aaron hit more (1) STOCKPILE STEWARDSHIP PROGRAM.—The subparagraph (B) and the recommendations than 40 home runs in 8 different seasons; United States shall conduct a science-based under subparagraph (C), the Secretaries shall Whereas Henry ‘‘Hank’’ Aaron appeared in Stockpile Stewardship program to ensure state the reasons for their conclusions, and 20 All-Star games; that a high level of confidence in the safety the views of the Nuclear Weapons Council, Whereas Henry ‘‘Hank’’ Aaron was elected and reliability of nuclear weapons in the ac- the Directors of the nuclear weapons labora- to the National Baseball Hall of Fame in his tive stockpile is maintained, including the tories of the Department of Energy, and the first year of eligibility, receiving one of the conduct of a broad range of effective and Commander of the United States Strategic highest vote totals (406 votes) in the history continuing experimental programs. Command, and shall provide any minority of National Baseball Hall of Fame voting; (2) NUCLEAR LABORATORY FACILITIES AND views. Whereas Henry ‘‘Hank’’ Aaron was in- PROGRAMS.—The United States shall main- (E) WITHDRAWAL FROM THE TREATY.—If the tain modern nuclear laboratory facilities ducted into the National Baseball Hall of President determines that nuclear testing is and programs in theoretical and exploratory Fame on August 1, 1982; necessary to assure, with a high degree of nuclear technology that are designed to at- Whereas Henry ‘‘Hank’’ Aaron finished his confidence, the safety and reliability of the tract, retain, and ensure the continued appli- career in 1976 with 755 home runs, a lifetime United States nuclear weapons stockpile, the cation of human scientific resources to those batting average of .305, and 2,297 runs batted President shall consult promptly with the programs on which continued progress in nu- in; Senate and withdraw from the Treaty pursu- clear technology depends. Whereas Henry ‘‘Hank’’ Aaron taught us to ant to Article IX(2) of the Treaty in order to (3) MAINTENANCE OF NUCLEAR TESTING CAPA- follow our dreams; conduct whatever testing might be required. Whereas Henry ‘‘Hank’’ Aaron continues to BILITY.—The United States shall maintain serve the community through his various the basic capability to resume nuclear test f activities prohibited by the Treaty in the commitments to charities and as corporate AUTHORITY FOR COMMITTEES TO vice president of community relations for event that the United States ceases to be ob- Turner Broadcasting; ligated to adhere to the Treaty. MEET Whereas Henry ‘‘Hank’’ Aaron became one (4) CONTINUATION OF A COMPREHENSIVE RE- SELECT COMMITTEE ON INTELLIGENCE of the first African-Americans in Major SEARCH AND DEVELOPMENT PROGRAM.—The Mr. HELMS. Mr. President, I ask League Baseball upper management, as At- United States shall continue its comprehen- unamimous consent that the Select lanta’s vice president of player development; sive research and development program to Committee on Intelligence be author- and improve its capabilities and operations for Whereas Henry ‘‘Hank’’ Aaron is one of the monitoring the Treaty. ized to meet during the session of the greatest baseball players: Now, therefore, be (5) INTELLIGENCE GATHERING AND ANALYT- Senate on Tuesday, October 12, 1999, at it ICAL CAPABILITIES.—The United States shall 2 p.m. to hold a closed hearing on intel- Resolved, That the Senate— continue its development of a broad range of ligence matters.

VerDate Mar 15 2010 21:55 Nov 01, 2013 Jkt 081600 PO 00000 Frm 00099 Fmt 0624 Sfmt 0634 E:\1999SENATE\S12OC9.REC S12OC9 mmaher on DSKCGSP4G1 with SOCIALSECURITY S12428 CONGRESSIONAL RECORD — SENATE October 12, 1999 The PRESIDING OFFICER. without est peacetime expansion of the econ- Earth’s environment. Severe water objection, it is so ordered. omy, improve and strengthen our edu- shortages, shrinking forests, soil deg- SUBCOMMITTEE ON EAST ASIAN AND PACIFIC cation system, provide access to qual- radation, air and water pollution and AFFAIRS ity healthcare, and protect this na- the daily loss of animal and plant life Mr. HELMS. Mr. President, I ask tion’s children from crime and drugs. have changed the face of the planet and unanimous consent that the Sub- Mr. President, I ask my colleagues to contributed to famine, social unrest committee on East Asian and Pacific join me in recognizing the valuable and massive displacement of people. Affairs of the Committee on Foreign contributions of the Hispanic American This is not to minimize the progress Relations be authorized to meet during population and honoring Hispanic Her- that has been made in slowing popu- the session of the Senate on Tuesday, itage Month.∑ lation growth rates. Thanks in large October 12, 1999, at 2 p.m. to hold a f part to the availability of modern con- hearing. traceptives, the average number of TRIBUTE TO THE HOLOCAUST births per woman has declined from 6 The PRESIDING OFFICER. Without MEMORIAL CENTER objection, it is so ordered. to 3. In addition, people today enjoy ∑ Mr. ABRAHAM. Mr. President, I rise longer, healthier lives than ever before. f today to honor the Holocaust Memorial Women have more opportunities and ADDITIONAL STATEMENTS Center in West Bloomfield, Michigan, choices. Technology has enhanced ac- as they celebrate their 15th Anniver- cess to medical care, education and sary, and to pay tribute to those whose employment. In every corner of the HISPANIC HERITAGE MONTH lives have been affected by the Holo- globe, we have seen the dramatic suc- ∑ Mr. CLELAND. This great nation, caust. cesses that have been achieved through which was born as a nation of immi- The work of the Holocaust Memorial vigorous, well-funded foreign assist- grants, is quickly becoming even more Center and especially Executive Vice ance programs. one of many faces, many voices, and President Rabbi Charles Rosenveig is But the disparities between haves many ideas, and it is this diversity truly commendable. In working to keep and have nots is growing. Given what which is one of our greatest assets. One alive the spirit of those who suffered, we know about the inextricable link of the fastest growing populations in the Holocaust Memorial Center helps between population growth, poverty, our Nation today is the Hispanic Amer- us remember. In highlighting the rich political instability, lack of social jus- ican population. I rise before my col- history and culture of the Jewish peo- tice and environmental degradation, it leagues today to bring attention to and ple, the Holocaust Memorial Center is astonishing to me that every year celebrate the occasion of Hispanic Her- helps us learn. there are those in Congress who con- itage Month. The events of the Holocaust cast a tinue to oppose funding for inter- This month of recognition is a won- dark shadow over history. And while it national family planning. derful opportunity to recognize the is painful to remember, the Holocaust It is inexplicable that even though wide-ranging achievements and con- Memorial Center will not let us forget. the world’s population has doubled tributions of the Hispanic American Indeed, their mission is expressed in since 1960, Members of Congress, espe- population. This is a community with their logo, which is composed of four cially in the House, vociferously oppose leadership which is notable in every Hebrew characters that spell the word funding the United Nations Population facet of our society, a community Zachor, which means ‘‘remember.’’ Fund which promotes access to vol- On behalf of the United States Sen- filled with courage and persistence who untary reproductive health services for ate, I extend my warmest regards and have continually shown a commitment women around the world. They do so best wishes to everyone in attendance to family, business and education, and because UNFPA has a small program in at the 15th Anniversary Dinner and to economic growth. China, which supports women’s health, all who have helped make the Holo- America’s diverse and vibrant His- modern contraceptives, and other vol- caust Memorial Center an important panic population has made an enor- untary family planning services. It educational resource for the State of mous contribution to the building and makes absolutely no sense, since these Michigan and the country. I wish them strengthening of our nation, its cul- are precisely the interventions that re- continued success in their important ture, and its economic prowess. As the duce reliance on abortion as a method mission.∑ 21st century approaches, Hispanic of family planning. And this year’s Foreign Operation’s Americans are poised to play an in- f bill contains only $385 million for the creasingly prominent role in our Na- THE 6 BILLIONTH PERSON Agency for International Develop- tion’s political, economic, and cultural ∑ Mr. LEAHY. Mr. President, at 12:02 ment’s family planning programs, a life. AM this morning the six billionth per- $150 million cut from what it was just Look no further than Secretary of son was born. It was a boy, in Sarajevo. five years ago. Energy Bill Richardson; or Small Busi- It took hundreds of thousands of It is a travesty that so many people ness Administration head, Aida Alva- years for the world’s population to around the world want family planning rez; Chicago Cub Sammy Sosa; or en- reach 1 billion, but it has taken less services and still cannot get them. tertainers Ricky Martin and Jennifer than 40 years for it to double from 3 to Time and again it has been proven that Lopez; or business leaders like Sal 6 billion people. This is a staggering when these services are available the Diaz-Verson of Columbus, Georgia or number with implications that are im- number of abortions declines, lives are the late Roberto Goizueta. Hispanic possible to fully grasp or predict. saved and opportunities for women, Americans offer a valuable and vital What we do know, however, is that 95 children and families dramatically in- social, intellectual, and artistic compo- percent of new births are occurring in crease. nent of American society and their cul- developing countries that are least It is also shortsighted. The decisions ture deeply enriches the vast American equipped to deal with the con- we make today will determine how landscape. sequences. From sub-Saharan Africa to long it will be before another billion What unites Hispanic Americans is a Asia, people’s most basic needs con- people occupy this planet and whether fundamental respect for the traditions tinue to go unmet. our children and grandchildren are and values of their native lands com- Of the 4.8 billion people in developing born into a world of poverty and depri- bined with a strong commitment to the countries, it is estimated that nearly vation or a world of opportunity and American dream. In return, we in the 60 percent lack basic sanitation. Al- prosperity. Congress must show a commitment to most a third do not have access to Mr. President, today is a sobering re- a legislative agenda that addresses the clean water. A quarter do not have ade- minder of the need for the United needs and priorities of Hispanic Amer- quate housing and a fifth—about 1 bil- States to resume its leadership in sup- ican families, which are in fact the lion people—have no access to modern port of international family planning. same as the those of most Americans. health services. We have the ability to help improve We must continue the policies that We also know that population pres- the lives of billions of people both now have laid the foundation for the long- sures threaten every aspect of the and in the future.∑

VerDate Mar 15 2010 21:55 Nov 01, 2013 Jkt 081600 PO 00000 Frm 00100 Fmt 0624 Sfmt 0634 E:\1999SENATE\S12OC9.REC S12OC9 mmaher on DSKCGSP4G1 with SOCIALSECURITY October 12, 1999 CONGRESSIONAL RECORD — SENATE S12429 TRIBUTE TO REAR ADMIRAL HONORING THE MEL BLOUNT That the following sums are appropriated, NORBERT RYAN, USN YOUTH HOME OF GEORGIA, INC. out of any money in the Treasury not other- ∑ ∑ wise appropriated, for the Departments of Mr. WARNER. Mr. President, I rise Mr. CLELAND. Mr President, I rise Labor, Health and Human Services, and Edu- today to recognize and say farewell to today to honor the contributions of the cation, and related agencies for the fiscal an outstanding Naval Officer, Rear Ad- Mel Blount Youth Home of Georgia, year ending September 30, 2000, and for other miral Norbert R. Ryan Jr., as he com- Inc. The primary mission of the Mel purposes, namely: pletes more than three years of distin- Blount Youth Home is to provide youth TITLE I—DEPARTMENT OF LABOR guished service as the Navy’s Chief of with the guidance, education, and life EMPLOYMENT AND TRAINING ADMINISTRATION Legislative Affairs. It is a privilege for skills needed to get their lives back on TRAINING AND EMPLOYMENT SERVICES me to honor his many outstanding track, resulting in self sufficient, pro- For necessary expenses of the Workforce achievements and commend him for his ductive contributors to society. Investment Act, including the purchase and devotion to the Navy and our great Na- The Mel Blount Youth Home of Geor- hire of passenger motor vehicles, the con- tion. gia, Inc., was founded in 1983 by Melvin struction, alteration, and repair of buildings A native of Mountainhome, Pennsyl- and Clinton Blount. It is located in and other facilities, and the purchase of real vania, Rear Admiral Ryan is a 1967 Vidalia, Georgia, and offers an alter- property for training centers as authorized graduate of the United States Naval native for troubled youths who have by the Workforce Investment Act; the Stew- Academy. An outstanding aviator and not been successful in their home envi- art B. McKinney Homeless Assistance Act; officer, Rear Admiral Ryan was as- ronment. The home is licensed by the the National Skill Standards Act of 1994; and signed as Chief of Legislative Affairs State of Georgia and serves youth from the School-to-Work Opportunities Act; from August 1996 to October 1999. all around the country to meet the $2,750,694,000 plus reimbursements, of which Through tireless effort, a keen sense of spiritual, educational, physical, and $1,380,266,000 is available for obligation for the period July 1, 2000 through June 30, 2001; timing and decisive action, Admiral emotional needs of all children partici- of which $1,250,965,000 is available for obliga- Ryan navigated Navy leadership pating in the program. tion for the period April 1, 2000 through June through aggressive and demanding The Mel Blount Youth Home pro- 30, 2001; of which $53,463,000 is available for Congressional action on a wide variety gram places an emphasis on academics, the period July 1, 2000 through June 30, 2003, of Navy programs during three com- discipline and hard work with a con- for necessary expenses of construction, reha- plete legislative cycles. He ensured sistent effort to meet the spiritual and bilitation, and acquisition of Job Corps cen- support for a difficult series of high emotional needs of young men placed ters; and of which $55,000,000 shall be avail- profile and at times challenging issues the program. The average stay is from able from July 1, 2000 through September 30, to include the F/A–18 E/F, CVN–77/ nine to eighteen months. Residents at- 2001, for carrying out activities of the CVNX, DD–21 Acquisition Strategy, School-to-Work Opportunities Act: Provided, tend school on the grounds of the home That $60,000,000 shall be for carrying out sec- Tactical Tomahawk, Virginia Class and can earn credits toward graduation tion 166 of the Workforce Investment Act, Submarines, Shipyard maintenance, upon returning to high school at home. and $7,000,000 shall be for carrying out the and the Navy’s role in Kosovo. A GED program in collaboration with National Skills Standards Act of 1994: Pro- Admiral Ryan initiated a ground- Southeastern Technical Institute is vided further, That no funds from any other breaking series of Congressional Con- also offered. The academic program appropriation shall be used to provide meal stituent Caseworker Workshops by geo- consists of a curriculum designed for services at or for Job Corps centers: Provided graphical area to ensure congressional youth who have been left behind in further, That funds provided to carry out sec- staff at the district level were provided public school, with tutors available to tion 171(d) of such Act may be used for dem- the necessary tools and information on onstration projects that provide assistance work with each child on an individual to new entrants in the workforce and incum- Navy and Marine Corps programs to be basis. responsive to their constituents. He bent workers: Provided further, That funding The Mel Blount Youth Home of Geor- appropriated herein for Dislocated Worker forged strong bonds with many key gia provides young men of diverse Employment and Training Activities under Members and their staffs ensuring the backgrounds and cultures who have ex- section 132(a)(2)(A) of the Workforce Invest- best interests of the Navy were fully perienced difficulty adjusting during ment Act of 1998 may be distributed for Dis- understood and supported. adolescence a secure and safe haven to located Worker Projects under section 171(d) Admiral Ryan provided outstanding grow and develop. The home provides a of the Act without regard to the 10 percent advice, recommendations, and strate- family setting with a spiritual base in limitation contained in section 171(d) of the gies to the Secretary of the Navy and addition to a foundation which places Act. Chief of Naval Operations that have For necessary expenses of the Workforce high emphasis on education, hard work Investment Act, including the purchase and significantly and positively affected and discipline. For some youth, the the future size, readiness, and capabili- hire of passenger motor vehicles, the con- Mel Blount Youth home is the only struction, alteration, and repair of buildings ties of the Navy. As a result, Congress place they can call home. and other facilities, and the purchase of real passed the FY00 Defense Authorization Every child deserves to grow and de- property for training centers as authorized Bill that has been lauded by many velop in an environment where they by the Workforce Investment Act; Members as the best defense bill ever are nurtured and molded by hands and $2,720,315,000 plus reimbursements, of which written. hearts that care. Different cir- $2,637,120,000 is available for obligation for Rear Admiral Ryan is a dynamic and cumstances have brought each child to the period October 1, 2000 through June 30, 2001; and of which $83,195,000 is available for resourceful naval officer who, through- the Mel Blount Youth Home, but all out his time in Navy Liaison, has prov- the period October 1, 2000 through June 30, have come with a quiet hope of restart- 2003, including $80,195,000 for necessary ex- en to be an indispensable asset to our ing their lives. At this home, they get Nation. He is a passionate advocate of penses of construction, rehabilitation, and a second chance. acquisition of Job Corps centers. the Navy, our Sailors and their fami- I ask my colleagues in this body to In addition to the amounts appropriated lies understanding better than anyone join me in recognizing the noteworthy under this heading in Public Law 105–277 to that they are truly the backbone of our and noble mission of this great institu- carry out the provisions of section 402 of the national defense. His superior contribu- tion.∑ Job Training Partnership Act, an additional tions and distinguished service will $1,551,000 is made available for obligation f benefit both the Navy and the country from October 1, 1999 through June 30, 2000. he so proudly serves for years to come. DEPARTMENTS OF LABOR, COMMUNITY SERVICE EMPLOYMENT FOR OLDER As Rear Admiral Ryan leaves, we will HEALTH AND HUMAN SERVICES, AMERICANS certainly miss him. I am proud to AND EDUCATION, AND RELATED To carry out the activities for national thank him for his service as the Chief AGENCIES APPROPRIATIONS grants or contracts with public agencies and of Legislative Affairs and look forward ACT, 2000 public or private nonprofit organizations under paragraph (1)(A) of section 506(a) of with pride and deepest respect as we On October 7, 1999, the Senate passed continue to work with him in his new title V of the Older Americans Act of 1965, as S. 1650, as follows: amended, or to carry out older worker ac- assignment as Chief of Naval Per- S. 1650 tivities as subsequently authorized, sonnel. There is no better officer aptly Be it enacted by the Senate and House of Rep- $343,356,000. suited to lead the officers and Sailors resentatives of the United States of America in To carry out the activities for grants to into the 21st century.∑ Congress assembled, States under paragraph (3) of section 506(a)

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of title V of the Older Americans Act of 1965, ADVANCES TO THE UNEMPLOYMENT TRUST FUND Labor, all sums of money ordered to be paid as amended, or to carry out older worker ac- AND OTHER FUNDS to the Secretary of Labor, in accordance tivities as subsequently authorized, For repayable advances to the Unemploy- with the terms of the Consent Judgment in $96,844,000. ment Trust Fund as authorized by sections Civil Action No. 91–0027 of the United States FEDERAL UNEMPLOYMENT BENEFITS AND 905(d) and 1203 of the Social Security Act, as District Court for the District of the North- ALLOWANCES amended, and to the Black Lung Disability ern Mariana Islands (May 21, 1992): Provided For payments during the current fiscal Trust Fund as authorized by section further, That the Secretary of Labor is au- year of trade adjustment benefit payments 9501(c)(1) of the Internal Revenue Code of thorized to establish and, in accordance with and allowances under part I; and for train- 1954, as amended; and for nonrepayable ad- 31 U.S.C. 3302, collect and deposit in the ing, allowances for job search and relocation, vances to the Unemployment Trust Fund as Treasury fees for processing applications and and related State administrative expenses authorized by section 8509 of title 5, United issuing certificates under sections 11(d) and under part II, subchapters B and D, chapter States Code, and to the ‘‘Federal unemploy- 14 of the Fair Labor Standards Act of 1938, as 2, title II of the Trade Act of 1974, as amend- ment benefits and allowances’’ account, to amended (29 U.S.C. 211(d) and 214) and for ed, $415,150,000, together with such amounts remain available until September 30, 2001, processing applications and issuing registra- as may be necessary to be charged to the $356,000,000. tions under title I of the Migrant and Sea- subsequent appropriation for payments for In addition, for making repayable advances sonal Agricultural Worker Protection Act (29 any period subsequent to September 15 of the to the Black Lung Disability Trust Fund in U.S.C. 1801 et seq.). current year. the current fiscal year after September 15, SPECIAL BENEFITS STATE UNEMPLOYMENT INSURANCE AND 2000, for costs incurred by the Black Lung (INCLUDING TRANSFER OF FUNDS) Disability Trust Fund in the current fiscal EMPLOYMENT SERVICE OPERATIONS For the payment of compensation, bene- year, such sums as may be necessary. For authorized administrative expenses, fits, and expenses (except administrative ex- $196,952,000, together with not to exceed PROGRAM ADMINISTRATION penses) accruing during the current or any $3,161,121,000 (including not to exceed For expenses of administering employment prior fiscal year authorized by title 5, chap- $1,228,000 which may be used for amortiza- and training programs, $103,208,000, including ter 81 of the United States Code; continu- tion payments to States which had inde- $6,578,000 to support up to 75 full-time equiv- ation of benefits as provided for under the pendent retirement plans in their State em- alent staff, to administer welfare-to-work head ‘‘Civilian War Benefits’’ in the Federal ployment service agencies prior to 1980), grants, together with not to exceed Security Agency Appropriation Act, 1947; the which may be expended from the Employ- $46,132,000, which may be expended from the Employees’ Compensation Commission Ap- ment Security Administration account in Employment Security Administration ac- propriation Act, 1944; sections 4(c) and 5(f) of the Unemployment Trust Fund including the count in the Unemployment Trust Fund. the War Claims Act of 1948 (50 U.S.C. App. cost of administering section 1201 of the PENSION AND WELFARE BENEFITS 2012); and 50 percent of the additional com- Small Business Job Protection Act of 1996, ADMINISTRATION pensation and benefits required by section section 7(d) of the Wagner-Peyser Act, as SALARIES AND EXPENSES 10(h) of the Longshore and Harbor Workers’ amended, section 461 of the Job Training Compensation Act, as amended, $79,000,000 For necessary expenses for the Pension and Partnership Act, the Trade Act of 1974, as together with such amounts as may be nec- Welfare Benefits Administration, $99,831,000. amended, the Immigration Act of 1990, and essary to be charged to the subsequent year the Immigration and Nationality Act, as PENSION BENEFIT GUARANTY CORPORATION appropriation for the payment of compensa- amended, and of which the sums available in PENSION BENEFIT GUARANTY CORPORATION tion and other benefits for any period subse- the allocation for activities authorized by FUND quent to August 15 of the current year: Pro- title III of the Social Security Act, as The Pension Benefit Guaranty Corporation vided, That amounts appropriated may be amended (42 U.S.C. 502–504), and the sums is authorized to make such expenditures, in- used under section 8104 of title 5, United available in the allocation for necessary ad- cluding financial assistance authorized by States Code, by the Secretary of Labor to re- ministrative expenses for carrying out 5 section 104 of Public Law 96–364, within lim- imburse an employer, who is not the em- U.S.C. 8501–8523, shall be available for obliga- its of funds and borrowing authority avail- ployer at the time of injury, for portions of tion by the States through December 31, 2000, able to such Corporation, and in accord with the salary of a reemployed, disabled bene- except that funds used for automation acqui- law, and to make such contracts and com- ficiary: Provided further, That balances of re- sitions shall be available for obligation by mitments without regard to fiscal year limi- imbursements unobligated on September 30, the States through September 30, 2002; and of tations as provided by section 104 of the Gov- 1999, shall remain available until expended which $196,952,000, together with not to ex- ernment Corporation Control Act, as amend- for the payment of compensation, benefits, ceed $778,283,000 of the amount which may be ed (31 U.S.C. 9104), as may be necessary in and expenses: Provided further, That in addi- expended from said trust fund, shall be avail- carrying out the program through Sep- tion there shall be transferred to this appro- able for obligation for the period July 1, 2000 tember 30, 2000, for such Corporation: Pro- priation from the Postal Service and from through June 30, 2001, to fund activities vided, That not to exceed $11,352,000 shall be any other corporation or instrumentality re- under the Act of June 6, 1933, as amended, in- available for administrative expenses of the quired under section 8147(c) of title 5, United cluding the cost of penalty mail authorized Corporation: Provided further, That expenses States Code, to pay an amount for its fair under 39 U.S.C. 3202(a)(1)(E) made available of such Corporation in connection with the share of the cost of administration, such to States in lieu of allotments for such pur- termination of pension plans, for the acquisi- sums as the Secretary determines to be the pose, and of which $151,333,000 shall be avail- tion, protection or management, and invest- cost of administration for employees of such able only to the extent necessary for addi- ment of trust assets, and for benefits admin- fair share entities through September 30, tional State allocations to administer unem- istration services shall be considered as non- 2000: Provided further, That of those funds ployment compensation laws to finance in- administrative expenses for the purposes transferred to this account from the fair creases in the number of unemployment in- hereof, and excluded from the above limita- share entities to pay the cost of administra- surance claims filed and claims paid or tion. tion, $21,849,000 shall be made available to changes in a State law: Provided, That to the EMPLOYMENT STANDARDS ADMINISTRATION the Secretary as follows: for the operation of extent that the Average Weekly Insured Un- and enhancement to the automated data SALARIES AND EXPENSES employment (AWIU) for fiscal year 2000 is processing systems, including document im- projected by the Department of Labor to ex- For necessary expenses for the Employ- aging and medical bill review, in support of ceed 2,638,000, an additional $28,600,000 shall ment Standards Administration, including Federal Employees’ Compensation Act ad- be available for obligation for every 100,000 reimbursement to State, Federal, and local ministration, $13,433,000; for program staff increase in the AWIU level (including a pro agencies and their employees for inspection training to operate the new imaging system, rata amount for any increment less than services rendered, $341,047,000, together with $1,300,000; for the periodic roll review pro- 100,000) from the Employment Security Ad- $1,740,000 which may be expended from the gram, $7,116,000; and the remaining funds ministration Account of the Unemployment Special Fund in accordance with sections shall be paid into the Treasury as miscella- Trust Fund: Provided further, That funds ap- 39(c), 44(d) and 44(j) of the Longshore and neous receipts: Provided further, That the propriated in this Act which are used to es- Harbor Workers’ Compensation Act: Pro- Secretary may require that any person filing tablish a national one-stop career center net- vided, That $2,000,000 shall be for the develop- a notice of injury or a claim for benefits work may be obligated in contracts, grants ment of an alternative system for the elec- under chapter 81 of title 5, United States or agreements with non-State entities: Pro- tronic submission of reports as required to Code, or 33 U.S.C. 901 et seq., provide as part vided further, That funds appropriated under be filed under the Labor-Management Re- of such notice and claim, such identifying in- this Act for activities authorized under the porting and Disclosure Act of 1959, as amend- formation (including Social Security ac- Wagner-Peyser Act, as amended, and title III ed, and for a computer database of the infor- count number) as such regulations may pre- of the Social Security Act, may be used by mation for each submission by whatever scribe. the States to fund integrated Employment means, that is indexed and easily searchable Service and Unemployment Insurance auto- by the public via the Internet: Provided fur- BLACK LUNG DISABILITY TRUST FUND mation efforts, notwithstanding cost alloca- ther, That the Secretary of Labor is author- (INCLUDING TRANSFER OF FUNDS) tion principles prescribed under Office of ized to accept, retain, and spend, until ex- Beginning in fiscal year 2000 and there- Management and Budget Circular A–87. pended, in the name of the Department of after, such sums as may be necessary from

VerDate Mar 15 2010 21:55 Nov 01, 2013 Jkt 081600 PO 00000 Frm 00102 Fmt 0624 Sfmt 0634 E:\1999SENATE\S12OC9.REC S12OC9 mmaher on DSKCGSP4G1 with SOCIALSECURITY October 12, 1999 CONGRESSIONAL RECORD — SENATE S12431 the Black Lung Disability Trust Fund, to re- cational and training services, and to con- assistance, $247,001,000; together with not to main available until expended, for payment duct surveys and studies; exceed $310,000, which may be expended from of all benefits authorized by section 9501 (2) to conduct an inspection or investiga- the Employment Security Administration (d)(1), (2), (4) and (7), of the Internal Revenue tion in response to an employee complaint, account in the Unemployment Trust Fund: Code of 1954, as amended; and interest on ad- to issue a citation for violations found dur- Provided, That no funds made available by vances as authorized by section 9501(c)(2) of ing such inspection, and to assess a penalty this Act may be used by the Solicitor of that Act. In addition, the following amounts for violations which are not corrected within Labor to participate in a review in any shall be available from the Fund for fiscal a reasonable abatement period and for any United States court of appeals of any deci- year 2000 for expenses of operation and ad- willful violations found; sion made by the Benefits Review Board ministration of the Black Lung Benefits pro- (3) to take any action authorized by such under section 21 of the Longshore and Harbor gram as authorized by section 9501 (d)(5) of Act with respect to imminent dangers; Workers’ Compensation Act (33 U.S.C. 921) that Act: $28,676,000 for transfer to the Em- (4) to take any action authorized by such where such participation is precluded by the ployment Standards Administration, ‘‘Sala- Act with respect to health hazards; decision of the United States Supreme Court ries and Expenses’’; $21,144,000 for transfer to (5) to take any action authorized by such in Director, Office of Workers’ Compensation Departmental Management, ‘‘Salaries and Act with respect to a report of an employ- Programs v. Newport News Shipbuilding, 115 Expenses’’; $318,000 for transfer to Depart- ment accident which is fatal to one or more S. Ct. 1278 (1995), notwithstanding any provi- mental Management, ‘‘Office of Inspector employees or which results in hospitaliza- sions to the contrary contained in Rule 15 of General’’; and $356,000 for payments into Mis- tion of two or more employees, and to take the Federal Rules of Appellate Procedure: Provided further, That no funds made avail- cellaneous Receipts for the expenses of the any action pursuant to such investigation able by this Act may be used by the Sec- Department of Treasury. authorized by such Act; and retary of Labor to review a decision under OCCUPATIONAL SAFETY AND HEALTH (6) to take any action authorized by such the Longshore and Harbor Workers’ Com- ADMINISTRATION Act with respect to complaints of discrimi- pensation Act (33 U.S.C. 901 et seq.) that has SALARIES AND EXPENSES nation against employees for exercising been appealed and that has been pending be- For necessary expenses for the Occupa- rights under such Act: Provided further, That fore the Benefits Review Board for more tional Safety and Health Administration, the foregoing proviso shall not apply to any than 12 months: Provided further, That any $388,142,000, including not to exceed person who is engaged in a farming operation such decision pending a review by the Bene- $83,501,000 which shall be the maximum which does not maintain a temporary labor fits Review Board for more than one year amount available for grants to States under camp and employs ten or fewer employees. shall be considered affirmed by the Benefits section 23(g) of the Occupational Safety and MINE SAFETY AND HEALTH ADMINISTRATION Review Board on the one-year anniversary of Health Act, which grants shall be no less SALARIES AND EXPENSES the filing of the appeal, and shall be consid- than 50 percent of the costs of State occupa- ered the final order of the Board for purposes For necessary expenses for the Mine Safety tional safety and health programs required of obtaining a review in the United States and Health Administration, $230,873,000, in- to be incurred under plans approved by the courts of appeals: Provided further, That cluding purchase and bestowal of certificates Secretary under section 18 of the Occupa- these provisions shall not be applicable to and trophies in connection with mine rescue tional Safety and Health Act of 1970: Pro- the review or appeal of any decision issued and first-aid work, and the hire of passenger vided, That of the amount appropriated under the Black Lung Benefits Act (30 U.S.C. motor vehicles; including not to exceed under this heading that is in excess of the 901 et seq.): Provided further, That notwith- $750,000 may be collected by the National amount appropriated for such purposes for standing any other provision of this Act, up Mine Health and Safety Academy for room, fiscal year 1999, $16,883,000 shall be used to to $10,000 of funding appropriated under title board, tuition, and the sale of training mate- carry out the activities described in para- I of this Act for salaries and expenses may be rials, otherwise authorized by law to be col- graph (1) and $16,883,000 shall be used to used for receiving and hosting officials of lected, to be available for mine safety and carry out paragraphs (2) through (6); and, in foreign states and official foreign delega- health education and training activities, addition, notwithstanding 31 U.S.C. 3302, the tions in furtherance of Departmental func- notwithstanding 31 U.S.C. 3302; and, in addi- Occupational Safety and Health Administra- tions or activities: Provided further, That tion, the Mine Safety and Health Adminis- tion may retain up to $750,000 per fiscal year funds made available under this heading tration may retain up to $1,000,000 in fees of training institute course tuition fees, oth- shall be used to report to Congress, pursuant collected for the approval and certification erwise authorized by law to be collected, and to section 9 of the Act entitled ‘‘An Act to of equipment, materials, and explosives for create a Department of Labor’’ approved may utilize such sums for occupational safe- use in mines, and may utilize such sums for March 4, 1913 (29 U.S.C. 560), with options ty and health training and education grants: such activities; the Secretary is authorized that will promote a legal domestic work Provided further, That, notwithstanding 31 to accept lands, buildings, equipment, and force in the agricultural sector, and provide U.S.C. 3302, the Secretary of Labor is author- other contributions from public and private for improved compensation, longer and more ized, during the fiscal year ending September sources and to prosecute projects in coopera- consistent work periods, improved benefits, 30, 2000, to collect and retain fees for services tion with other agencies, Federal, State, or improved living conditions and better hous- provided to Nationally Recognized Testing private; the Mine Safety and Health Admin- ing quality, and transportation assistance Laboratories, and may utilize such sums, in istration is authorized to promote health between agricultural jobs for agricultural accordance with the provisions of 29 U.S.C. and safety education and training in the workers, and address other issues related to 9a, to administer national and international mining community through cooperative pro- agricultural labor that the Secretary of laboratory recognition programs that ensure grams with States, industry, and safety asso- Labor determines to be necessary. the safety of equipment and products used by ciations; and any funds available to the De- ASSISTANT SECRETARY FOR VETERANS workers in the workplace: Provided further, partment may be used, with the approval of EMPLOYMENT AND TRAINING That none of the funds appropriated under the Secretary, to provide for the costs of this paragraph shall be obligated or expended Not to exceed $185,613,000 may be derived mine rescue and survival operations in the from the Employment Security Administra- to prescribe, issue, administer, or enforce event of a major disaster. tion account in the Unemployment Trust any standard, rule, regulation, or order Fund to carry out the provisions of 38 U.S.C. under the Occupational Safety and Health BUREAU OF LABOR STATISTICS 4100–4110A, 4212, 4214 and 4321–4327, and Pub- Act of 1970 which is applicable to any person SALARIES AND EXPENSES lic Law 103–353, and which shall be available who is engaged in a farming operation which For necessary expenses for the Bureau of for obligation by the States through Decem- does not maintain a temporary labor camp Labor Statistics, including advances or re- ber 31, 2000. and employs ten or fewer employees: Pro- imbursements to State, Federal, and local OFFICE OF INSPECTOR GENERAL vided further, That no funds appropriated agencies and their employees for services For salaries and expenses of the Office of under this paragraph shall be obligated or rendered, $353,781,000, of which $6,986,000 shall expended to administer or enforce any stand- Inspector General in carrying out the provi- be for expenses of revising the Consumer sions of the Inspector General Act of 1978, as ard, rule, regulation, or order under the Oc- Price Index and shall remain available until cupational Safety and Health Act of 1970 amended, $48,095,000, together with not to ex- September 30, 2001, together with not to ex- ceed $3,830,000, which may be expended from with respect to any employer of ten or fewer ceed $55,663,000, which may be expended from employees who is included within a category the Employment Security Administration the Employment Security Administration account in the Unemployment Trust Fund. having an occupational injury lost workday account in the Unemployment Trust Fund. case rate, at the most precise Standard In- GENERAL PROVISIONS DEPARTMENTAL MANAGEMENT dustrial Classification Code for which such SEC. 101. None of the funds appropriated in data are published, less than the national av- SALARIES AND EXPENSES this title for the Job Corps shall be used to erage rate as such rates are most recently For necessary expenses for Departmental pay the compensation of an individual, ei- published by the Secretary, acting through Management, including the hire of three se- ther as direct costs or any proration as an the Bureau of Labor Statistics, in accord- dans, and including up to $7,250,000 for the indirect cost, at a rate in excess of Executive ance with section 24 of that Act (29 U.S.C. President’s Committee on Employment of Level III. 673), except— People With Disabilities, and including the (TRANSFER OF FUNDS) (1) to provide, as authorized by such Act, management or operation of Departmental SEC. 102. Not to exceed 1 percent of any dis- consultation, technical assistance, edu- bilateral and multilateral foreign technical cretionary funds (pursuant to the Balanced

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Budget and Emergency Deficit Control Act, Health Insurance Portability and Account- NATIONAL INSTITUTES OF HEALTH as amended) which are appropriated for the ability Act of 1996, shall be sufficient to re- NATIONAL CANCER INSTITUTE current fiscal year for the Department of cover the full costs of operating the Pro- For carrying out section 301 and title IV of Labor in this Act may be transferred be- gram, and shall remain available to carry the Public Health Service Act with respect tween appropriations, but no such appropria- out that Act until expended. to cancer, $3,286,859,000. tion shall be increased by more than 3 per- MEDICAL FACILITIES GUARANTEE AND LOAN cent by any such transfer: Provided, That the NATIONAL HEART, LUNG, AND BLOOD INSTITUTE FUND Appropriations Committees of both Houses For carrying out section 301 and title IV of of Congress are notified at least fifteen days FEDERAL INTEREST SUBSIDIES FOR MEDICAL the Public Health Service Act with respect in advance of any transfer. FACILITIES to cardiovascular, lung, and blood diseases, TITLE II—DEPARTMENT OF HEALTH AND For carrying out subsections (d) and (e) of and blood and blood products, $2,001,185,000. HUMAN SERVICES section 1602 of the Public Health Service Act, NATIONAL INSTITUTE OF DENTAL AND HEALTH RESOURCES AND SERVICES $1,000,000, together with any amounts re- CRANIOFACIAL RESEARCH ADMINISTRATION ceived by the Secretary in connection with For carrying out section 301 and title IV of HEALTH RESOURCES AND SERVICES loans and loan guarantees under title VI of the Public Health Service Act with respect For carrying out titles II, III, VII, VIII, X, the Public Health Service Act, to be avail- to dental disease, $267,543,000. able without fiscal year limitation for the XII, XIX, and XXVI of the Public Health NATIONAL INSTITUTE OF DIABETES AND payment of interest subsidies. During the fis- Service Act, section 427(a) of the Federal DIGESTIVE AND KIDNEY DISEASES Coal Mine Health and Safety Act, title V and cal year, no commitments for direct loans or For carrying out section 301 and title IV of section 1820 of the Social Security Act, the loan guarantees shall be made. the Public Health Service Act with respect Health Care Quality Improvement Act of HEALTH EDUCATION ASSISTANCE LOANS to diabetes and digestive and kidney disease, 1986, as amended, the Native Hawaiian PROGRAM ACCOUNT $1,130,056,000. Health Care Act of 1988, as amended, and the Ricky Ray Hemophilia Relief Fund Act of Such sums as may be necessary to carry NATIONAL INSTITUTE OF NEUROLOGICAL 1998, $4,365,498,000, of which $150,000 shall re- out the purpose of the program, as author- DISORDERS AND STROKE main available until expended for interest ized by Title VII of the Public Health Service For carrying out section 301 and title IV of subsidies on loan guarantees made prior to Act, as amended. For administrative ex- the Public Health Service Act with respect fiscal year 1981 under part B of title VII of penses to carry out the guaranteed loan pro- to neurological disorders and stroke, the Public Health Service Act, and of which gram, including section 709 of the Public $1,019,271,000. Health Service Act, $3,688,000. $10,000,000 shall be available for the construc- NATIONAL INSTITUTE OF ALLERGY AND tion and renovation of health care and other VACCINE INJURY COMPENSATION PROGRAM INFECTIOUS DISEASES facilities, and of which $25,000,000 from gen- TRUST FUND eral revenues, notwithstanding section For carrying out section 301 and title IV of 1820(j) of the Social Security Act, shall be For payments from the Vaccine Injury the Public Health Service Act with respect available for carrying out the Medicare rural Compensation Program Trust Fund, such to allergy and infectious diseases, hospital flexibility grants program under sums as may be necessary for claims associ- $1,786,718,000. section 1820 of such Act: Provided, That the ated with vaccine-related injury or death NATIONAL INSTITUTE OF GENERAL MEDICAL Division of Federal Occupational Health may with respect to vaccines administered after SCIENCES utilize personal services contracting to em- September 30, 1988, pursuant to subtitle 2 of For carrying out section 301 and title IV of ploy professional management/administra- title XXI of the Public Health Service Act, the Public Health Service Act with respect tive and occupational health professionals: to remain available until expended: Provided, to general medical sciences, $1,352,843,000. Provided further, That of the funds made That for necessary administrative expenses, not to exceed $3,000,000 shall be available NATIONAL INSTITUTE OF CHILD HEALTH AND available under this heading, $250,000 shall be HUMAN DEVELOPMENT available until expended for facilities ren- from the Trust Fund to the Secretary of For carrying out section 301 and title IV of ovations at the Gillis W. Long Hansen’s Dis- Health and Human Services. the Public Health Service Act with respect ease Center: Provided further, That in addi- CENTERS FOR DISEASE CONTROL AND to child health and human development, tion to fees authorized by section 427(b) of PREVENTION $848,044,000. the Health Care Quality Improvement Act of DISEASE CONTROL, RESEARCH, AND TRAINING 1986, fees shall be collected for the full dis- NATIONAL EYE INSTITUTE closure of information under the Act suffi- To carry out titles II, III, VII, XI, XV, For carrying out section 301 and title IV of cient to recover the full costs of operating XVII, XIX and XXVI of the Public Health the Public Health Service Act with respect the National Practitioner Data Bank, and Service Act, sections 101, 102, 103, 201, 202, to eye diseases and visual disorders, shall remain available until expended to 203, 301, and 501 of the Federal Mine Safety $445,172,000. and Health Act of 1977, sections 20, 21 and 22 carry out that Act: Provided further, That no NATIONAL INSTITUTE OF ENVIRONMENTAL of the Occupational Safety and Health Act of more than $5,000,000 is available for carrying HEALTH SCIENCES out the provisions of Public Law 104–73: Pro- 1970, title IV of the Immigration and Nation- For carrying out sections 301 and 311 and vided further, That of the funds made avail- ality Act and section 501 of the Refugee Edu- title IV of the Public Health Service Act able under this heading, $222,432,000 shall be cation Assistance Act of 1980; including in- with respect to environmental health for the program under title X of the Public surance of official motor vehicles in foreign sciences, $436,113,000. Health Service Act to provide for voluntary countries; and hire, maintenance, and oper- family planning projects: Provided further, ation of aircraft, $2,751,838,000 of which NATIONAL INSTITUTE ON AGING That amounts provided to said projects $39,800,000 shall remain available until ex- For carrying out section 301 and title IV of under such title shall not be expended for pended for equipment and construction and the Public Health Service Act with respect abortions, that all pregnancy counseling renovation of facilities, and in addition, such to aging, $680,332,000. sums as may be derived from authorized user shall be nondirective, and that such amounts NATIONAL INSTITUTE OF ARTHRITIS AND fees, which shall be credited to this account: shall not be expended for any activity (in- MUSCULOSKELETAL AND SKIN DISEASES cluding the publication or distribution of lit- Provided, That in addition to amounts pro- For carrying out section 301 and title IV of erature) that in any way tends to promote vided herein, up to $109,573,000 shall be avail- the Public Health Service Act with respect public support or opposition to any legisla- able from amounts available under section to arthritis and musculoskeletal and skin tive proposal or candidate for public office: 241 of the Public Health Service Act, to carry diseases, $350,429,000. Provided further, That $536,000,000 shall be for out the National Center for Health Statistics State AIDS Drug Assistance Programs au- surveys: Provided further, That none of the NATIONAL INSTITUTE ON DEAFNESS AND OTHER thorized by section 2616 of the Public Health funds made available for injury prevention COMMUNICATION DISORDERS Service Act: Provided further, That notwith- and control at the Centers for Disease Con- For carrying out section 301 and title IV of standing any other provision of law, funds trol and Prevention may be used to advocate the Public Health Service Act with respect made available under this heading may be or promote gun control: Provided further, to deafness and other communication dis- used to continue operating the Council on That the Director may redirect the total orders, $261,962,000. amount made available under authority of Graduate Medical Education established by NATIONAL INSTITUTE OF NURSING RESEARCH section 301 of Public Law 102–408: Provided Public Law 101–502, section 3, dated Novem- For carrying out section 301 and title IV of further, That of the funds made available ber 3, 1990, to activities the Director may so the Public Health Service Act with respect under this heading, $50,000,000 shall remain designate: Provided further, That the Con- to nursing research, $90,000,000. available for the Ricky Ray Hemophilia Re- gress is to be notified promptly of any such lief Fund until November 11, 2003: Provided transfer. NATIONAL INSTITUTE ON ALCOHOL ABUSE AND further, That fees collected for the full dis- In addition, $51,000,000, to be derived from ALCOHOLISM closure of information under the ‘‘Health the Violent Crime Reduction Trust Fund, for For carrying out section 301 and title IV of Care Fraud and Abuse Data Collection Pro- carrying out sections 40151 and 40261 of Pub- the Public Health Service Act with respect gram,’’ authorized by section 221 of the lic Law 103–322. to alcohol abuse and alcoholism, $291,247,000.

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NATIONAL INSTITUTE ON DRUG ABUSE SUBSTANCE ABUSE AND MENTAL HEALTH Social Security Amendments of 1965, section For carrying out section 301 and title IV of SERVICES ADMINISTRATION 278(d) of Public Law 97–248, and for adminis- the Public Health Service Act with respect SUBSTANCE ABUSE AND MENTAL HEALTH trative expenses incurred pursuant to sec- to drug abuse, $682,536,000. SERVICES tion 201(g) of the Social Security Act, $69,289,100,000. NATIONAL INSTITUTE OF MENTAL HEALTH For carrying out titles V and XIX of the Public Health Service Act with respect to PROGRAM MANAGEMENT For carrying out section 301 and title IV of substance abuse and mental health services, For carrying out, except as otherwise pro- the Public Health Service Act with respect the Protection and Advocacy for Mentally Ill vided, titles XI, XVIII, XIX and XXI of the to mental health, $969,494,000. Individuals Act of 1986, and section 301 of the Social Security Act, titles XIII and XXVII of NATIONAL HUMAN GENOME RESEARCH INSTITUTE Public Health Service Act with respect to the Public Health Service Act, and the Clin- For carrying out section 301 and title IV of program management, $2,799,516,000, of which ical Laboratory Improvement Amendments the Public Health Service Act with respect $358,816,000 shall be made available to carry of 1988, not to exceed $1,991,321,000, to be to human genome research, $337,322,000. out the mental health services block grant transferred from the Federal Hospital Insur- under subpart I of part B of title XIX of the ance and the Federal Supplementary Medical NATIONAL CENTER FOR RESEARCH RESOURCES Public Health Service Act ($48,816,000 of Insurance Trust Funds, as authorized by sec- For carrying out section 301 and title IV of which shall become available on October 1, tion 201(g) of the Social Security Act; to- the Public Health Service Act with respect 2000 and remain available through September gether with all funds collected in accordance to research resources and general research 30, 2001), and of which $100,000,000 shall be- with section 353 of the Public Health Service support grants, $655,988,000: Provided, That come available on October 1, 2000 and remain Act and such sums as may be collected from none of these funds shall be used to pay re- available until September 30, 2001. authorized user fees and the sale of data, cipients of the general research support which shall remain available until expended, RETIREMENT PAY AND MEDICAL BENEFITS FOR grants program any amount for indirect ex- and together with administrative fees col- COMMISSIONED OFFICERS penses in connection with such grants: Pro- lected relative to Medicare overpayment re- vided further, That $60,000,000 shall be for ex- For retirement pay and medical benefits of covery activities, which shall be transferred tramural facilities construction grants, of Public Health Service Commissioned Officers to the Health Care Fraud and Abuse Control which $30,000,000 shall become available Oc- as authorized by law, for payments under the (HCFAC) account and remain available until tober 1, 2000, and remain available through Retired Serviceman’s Family Protection expended: Provided, That all funds derived in September 30, 2001. Plan and Survivor Benefit Plan, for medical accordance with 31 U.S.C. 9701 from organiza- care of dependents and retired personnel tions established under title XIII of the Pub- NATIONAL CENTER FOR COMPLEMENTARY AND under the Dependents’ Medical Care Act (10 lic Health Service Act shall be credited to ALTERNATIVE MEDICINE U.S.C. ch. 55), and for payments pursuant to and available for carrying out the purposes For carrying out section 301 and title IV of section 229(b) of the Social Security Act (42 of this appropriation: Provided further, That the Public Health Service Act with respect U.S.C. 429(b)), such amounts as may be re- $18,000,000 appropriated under this heading to complementary and alternative medicine, quired during the current fiscal year. for the managed care system redesign shall $56,214,000 to be available for obligation AGENCY FOR HEALTH CARE POLICY AND remain available until expended: Provided through September 30, 2001. RESEARCH further, That funds appropriated under this JOHN E. FOGARTY INTERNATIONAL CENTER HEALTH CARE POLICY AND RESEARCH heading may be obligated to increase Medi- care provider audits and implement the De- For carrying out the activities at the John For carrying out titles III and IX of the partment’s corrective action plan to the E. Fogarty International Center, $43,723,000. Public Health Service Act, and part A of Chief Financial Officer’s audit of the Health NATIONAL LIBRARY OF MEDICINE title XI of the Social Security Act, Care Financing Administration’s oversight For carrying out section 301 and title IV of $19,504,000; in addition, amounts received of Medicare: Provided further, That the Sec- the Public Health Service Act with respect from Freedom of Information Act fees, reim- retary of Health and Human Services is di- to health information communications, bursable and interagency agreements, and rected to collect, in aggregate, $95,000,000 in $210,183,000, of which $4,000,000 shall be avail- the sale of data tapes shall be credited to fees in fiscal year 2000 from Medi- able until expended for improvement of in- this appropriation and shall remain avail- care∂Choice organizations pursuant to sec- formation systems: Provided, That in fiscal able until expended: Provided, That the tion 1857(e)(2) of the Social Security Act and year 2000, the Library may enter into per- amount made available pursuant to section from eligible organizations with risk-sharing sonal services contracts for the provision of 926(b) of the Public Health Service Act shall contracts under section 1876 of that Act pur- services in facilities owned, operated, or con- not exceed $191,751,000. suant to section 1876(k)(4)(D) of that Act. structed under the jurisdiction of the Na- HEALTH CARE FINANCING ADMINISTRATION HEALTH MAINTENANCE ORGANIZATION LOAN AND tional Institutes of Health. GRANTS TO STATES FOR MEDICAID LOAN GUARANTEE FUND OFFICE OF THE DIRECTOR For carrying out, except as otherwise pro- For carrying out subsections (d) and (e) of vided, titles XI and XIX of the Social Secu- section 1308 of the Public Health Service Act, (INCLUDING TRANSFER OF FUNDS) rity Act, $86,087,393,000, to remain available any amounts received by the Secretary in For carrying out the responsibilities of the until expended: Provided, That beginning in connection with loans and loan guarantees Office of the Director, National Institutes of fiscal year 2000 and thereafter, for expenses under title XIII of the Public Health Service Health, $299,504,000: Provided, That funding incurred by Medicaid under title XXI of the Act, to be available without fiscal year limi- shall be available for the purchase of not to Social Security Act, Medicaid may accept as tation for the payment of outstanding obli- exceed twenty-nine passenger motor vehicles reimbursement in advance amounts from the gations. During fiscal year 1999, no commit- for replacement only: Provided further, That ‘‘State Children’s Health Insurance Fund,’’ ments for direct loans or loan guarantees the Director may direct up to 1 percent of such amounts to remain available as pro- shall be made. the total amount made available in this or vided under title XXI. ADMINISTRATION FOR CHILDREN AND FAMILIES any other Act to all National Institutes of For making, after May 31, 2000, payments PAYMENTS TO STATES FOR CHILD SUPPORT Health appropriations to activities the Di- to States under title XIX of the Social Secu- ENFORCEMENT AND FAMILY SUPPORT PROGRAMS rector may so designate: Provided further, rity Act for the last quarter of fiscal year That no such appropriation shall be de- For making payments to States or other 2000 for unanticipated costs, incurred for the non-Federal entities under titles I, IV–D, X, creased by more than 1 percent by any such current fiscal year, such sums as may be nec- transfers and that the Congress is promptly XI, XIV, and XVI of the Social Security Act essary. and the Act of July 5, 1960 (24 U.S.C. ch. 9), notified of the transfer: Provided further, For making payments to States or in the for the first quarter of fiscal year 2001, That NIH is authorized to collect third party case of section 1928 on behalf of States, under $650,000,000, to remain available until ex- payments for the cost of clinical services title XIX of the Social Security Act for the pended. that are incurred in National Institutes of first quarter of fiscal year 2001, Health research facilities and that such pay- For making payments to each State for $30,589,003,000, to remain available until ex- carrying out the program of Aid to Families ments shall be credited to the National Insti- pended. tutes of Health Management Fund: Provided with Dependent Children under title IV–A of Payment under title XIX may be made for the Social Security Act before the effective further, That all funds credited to the NIH any quarter with respect to a State plan or Management Fund shall remain available for date of the program of Temporary Assistance plan amendment in effect during such quar- to Needy Families (TANF) with respect to one fiscal year after the fiscal year in which ter, if submitted in or prior to such quarter they are deposited. such State, such sums as may be necessary: and approved in that or any subsequent quar- Provided, That the sum of the amounts avail- BUILDINGS AND FACILITIES ter. able to a State with respect to expenditures For the study of, construction of, and ac- PAYMENTS TO HEALTH CARE TRUST FUNDS under such title IV–A in fiscal year 1997 quisition of equipment for, facilities of or For payment to the Federal Hospital In- under this appropriation and under such title used by the National Institutes of Health, in- surance and the Federal Supplementary IV–A as amended by the Personal Responsi- cluding the acquisition of real property, Medical Insurance Trust Funds, as provided bility and Work Opportunity Reconciliation $100,732,000, to remain available until ex- under sections 217(g) and 1844 of the Social Act of 1996 shall not exceed the limitations pended. Security Act, sections 103(c) and 111(d) of the under section 116(b) of such Act.

VerDate Mar 15 2010 21:55 Nov 01, 2013 Jkt 081600 PO 00000 Frm 00105 Fmt 0624 Sfmt 0634 E:\1999SENATE\S12OC9.REC S12OC9 mmaher on DSKCGSP4G1 with SOCIALSECURITY S12434 CONGRESSIONAL RECORD — SENATE October 12, 1999 For making, after May 31 of the current 473A of the Social Security Act, and title IV the Supplemental Medical Insurance Trust fiscal year, payments to States or other non- of Public Law 105–285; and for necessary ad- Fund: Provided, That of the funds made Federal entities under titles I, IV–D, X, XI, ministrative expenses to carry out said Acts available under this heading for carrying out XIV, and XVI of the Social Security Act and and titles I, IV, X, XI, XIV, XVI, and XX of title XX of the Public Health Service Act, the Act of July 5, 1960 (24 U.S.C. ch. 9), for the Social Security Act, the Act of July 5, $10,569,000 shall be for activities specified the last three months of the current year for 1960 (24 U.S.C. ch. 9), the Omnibus Budget under section 2003(b)(2), of which $9,131,000 unanticipated costs, incurred for the current Reconciliation Act of 1981, title IV of the Im- shall be for prevention service demonstra- fiscal year, such sums as may be necessary. migration and Nationality Act, section 501 of tion grants under section 510(b)(2) of title V LOW INCOME HOME ENERGY ASSISTANCE the Refugee Education Assistance Act of of the Social Security Act, as amended, 1980, section 5 of the Torture Victims Relief without application of the limitation of sec- For making payments under title XXVI of Act of 1998 (Public Law 105–320), sections tion 2010(c) of said title XX: Provided further, the Omnibus Reconciliation Act of 1981, 40155, 40211 and 40241 of Public Law 103–322 That $4,000,000 shall be available to the Of- $1,100,000,000, to be available for obligation in and section 126 and titles IV and V of Public fice of the Surgeon General, within the Of- the period October 1, 2000 through September Law 100–485, $6,684,635,000, of which fice of Public Health and Science, to prepare 30, 2001. For making payments under title XXVI of $20,000,000, to remain available until Sep- and disseminate the findings of the Surgeon such Act, $300,000,000: Provided, That these tember 30, 2001, shall be for grants to States General’s report on youth violence, and to funds are hereby designated by the Congress for adoption incentive payments, as author- coordinate with other agencies throughout to be emergency requirements pursuant to ized by section 473A of title IV of the Social the Federal government, through the estab- section 251(b)(2)(D) of the Balanced Budget Security Act (42 U.S.C. 670–679); of which lishment of a Federal Coordinating Com- and Emergency Deficit Control Act of 1985: $500,000,000 shall be for making payments mittee, activities to prevent youth violence: Provided further, That these funds shall be under the Community Services Block Grant Provided further, That sufficient funds shall made available only after submission to the Act; and of which $5,267,000,000 shall be for be available from the Office on Women’s Congress of a formal budget request by the making payments under the Head Start Act, Health to support biological, chemical and President that includes designation of the of which $1,900,000,000 shall become available botanical studies to assist in the develop- entire amount of the request as an emer- October 1, 2000 and remain available through ment of the clinical evaluation of gency requirement as defined in the Bal- September 30, 2001: Provided, That to the ex- phytomedicines in women’s health. anced Budget and Emergency Deficit Control tent Community Services Block Grant funds OFFICE OF INSPECTOR GENERAL are distributed as grant funds by a State to Act of 1985. For expenses necessary for the Office of In- an eligible entity as provided under the Act, spector General in carrying out the provi- REFUGEE AND ENTRANT ASSISTANCE and have not been expended by such entity, sions of the Inspector General Act of 1978, as For making payments for refugee and en- they shall remain with such entity for carry- amended, $35,000,000. trant assistance activities authorized by over into the next fiscal year for expenditure title IV of the Immigration and Nationality by such entity consistent with program pur- OFFICE FOR CIVIL RIGHTS Act and section 501 of the Refugee Education poses. For expenses necessary for the Office for Assistance Act of 1980 (Public Law 96–422), In addition, $105,000,000, to be derived from Civil Rights, $18,845,000, together with not to $423,000,000, to remain available through Sep- the Violent Crime Reduction Trust Fund for exceed $3,314,000, to be transferred and ex- tember 30, 2002: Provided, That funds appro- carrying out sections 40155, 40211 and 40241 of pended as authorized by section 201(g)(1) of priated pursuant to section 414(a) of the Im- Public Law 103–322. the Social Security Act from the Hospital migration and Nationality Act under Public PROMOTING SAFE AND STABLE FAMILIES Insurance Trust Fund and the Supplemental 105–78 for fiscal year 1998 and under Public Medical Insurance Trust Fund. For carrying out section 430 of the Social Law 105–277 for fiscal year 1999 shall be avail- Security Act, $295,000,000. POLICY RESEARCH able for the costs of assistance provided and For carrying out, to the extent not other- other activities through September 30, 2001. PAYMENTS TO STATES FOR FOSTER CARE AND wise provided, research studies under section For carrying out section 5 of the Torture ADOPTION ASSISTANCE 1110 of the Social Security Act, $15,000,000. Victims Relief Act of 1998 (Public Law 105– For making payments to States or other 320), $7,500,000, to remain available until ex- non-Federal entities under title IV–E of the PUBLIC HEALTH AND SOCIAL SERVICES FUND pended. Social Security Act, $4,312,300,000. For expenses necessary to support activi- PAYMENTS TO STATES FOR THE CHILD CARE AND For making payments to States or other ties related to countering potential biologi- DEVELOPMENT BLOCK GRANT non-Federal entities under title IV–E of the cal, disease and chemical threats to civilian Social Security Act, for the first quarter of populations, $175,000,000: Provided, That this For carrying out sections 658A through fiscal year 2001, $1,538,000,000. amount is distributed as follows: Centers for 658R of the Omnibus Budget Reconciliation Disease Control and Prevention, $120,000,000, Act of 1981 (The Child Care and Development ADMINISTRATION ON AGING of which $30,000,000 shall be for the Health Block Grant Act of 1990), to become available AGING SERVICES PROGRAMS Alert Network; Office of the Secretary, on October 1, 2000 and remain available For carrying out, to the extent not other- $30,000,000, and Office of Emergency Pre- through September 30, 2001, $2,000,000,000: wise provided, the Older Americans Act of paredness, $25,000,000. In addition, for ex- Provided, That $19,120,000 shall be available 1965, as amended, and section 398 of the Pub- penses necessary for the Global Health Ini- for child care resource and referral and lic Health Service Act, $942,355,000: Provided, tiative: $75,000,000: Provided, That this school-aged child care activities. That notwithstanding section 308(b)(1) of the amount is distributed as follows: Centers for SOCIAL SERVICES BLOCK GRANT Older Americans Act of 1965, as amended, the Disease Control and Prevention, $49,000,000, For making grants to States pursuant to amounts available to each State for adminis- of which $35,000,000 shall be for international section 2002 of the Social Security Act, tration of the State plan under title III of HIV/AIDS programs, $9,000,000 shall be for $1,050,000,000: Provided, That (1) notwith- such Act shall be reduced not more than 5 malaria programs, and $5,000,000 shall be for standing section 2003(c) of such Act, as percent below the amount that was available global micronutrient malnutrition pro- amended, the amount specified for allocation to such State for such purpose for fiscal year grams; National Institutes of Health, under such section for fiscal year 2000 shall 1995: Provided further, That in considering $26,000,000, of which $15,000,000 shall be for be $1,050,000,000 and (2) notwithstanding sub- grant applications for nutrition services for international HIV/AIDS programs, $6,000,000 paragraph (B) of section 404(d)(2) of such Act, elder Indian recipients, the Assistant Sec- shall be for malaria programs, and $5,000,000 the applicable percent specified under such retary shall provide maximum flexibility to shall be for global micronutrient malnutri- subparagraph for a State to carry out State applicants who seek to take into account tion programs. In addition, $150,000,000 for programs pursuant to title XX of such Act subsistence, local customs, and other charac- carrying out the Department’s Year 2000 for fiscal year 2000 shall be 5 percent. teristics that are appropriate to the unique computer conversion activities, $35,000,000 cultural, regional, and geographic needs of CHILDREN AND FAMILIES SERVICES PROGRAMS for minority AIDS prevention and treatment the American Indian, Alaska and Hawaiian activities, $20,000,000 for buildings and facili- For carrying out, except as otherwise pro- Native communities to be served. ties at the Centers for Disease Control and vided, the Runaway and Homeless Youth OFFICE OF THE SECRETARY Prevention, and $20,000,000 for the National Act, the Developmental Disabilities Assist- Institutes of Health challenge grant pro- ance and Bill of Rights Act, the Head Start GENERAL DEPARTMENTAL MANAGEMENT gram. Act, the Child Abuse Prevention and Treat- For necessary expenses, not otherwise pro- ment Act, the Native American Programs vided, for general departmental manage- GENERAL PROVISIONS Act of 1974, title II of Public Law 95–266 ment, including hire of six sedans, and for SEC. 201. Funds appropriated in this title (adoption opportunities), the Adoption and carrying out titles III, XVII, and XX of the shall be available for not to exceed $37,000 for Safe Families Act of 1997 (Public Law 105–89), Public Health Service Act, and the United official reception and representation ex- the Abandoned Infants Assistance Act of States-Mexico Border Health Commission penses when specifically approved by the 1988, part B(1) of title IV and sections 413, Act, $182,903,000, together with $6,517,000, to Secretary. 429A, 1110, and 1115 of the Social Security be transferred and expended as authorized by SEC. 202. The Secretary shall make avail- Act; for making payments under the Com- section 201(g)(1) of the Social Security Act able through assignment not more than 60 munity Services Block Grant Act, section from the Hospital Insurance Trust Fund and employees of the Public Health Service to

VerDate Mar 15 2010 21:55 Nov 01, 2013 Jkt 081600 PO 00000 Frm 00106 Fmt 0624 Sfmt 0634 E:\1999SENATE\S12OC9.REC S12OC9 mmaher on DSKCGSP4G1 with SOCIALSECURITY October 12, 1999 CONGRESSIONAL RECORD — SENATE S12435 assist in child survival activities and to spective adjustments to the capitation pay- 2000, $3,000,000,000 shall not be available for work in AIDS programs through and with ment to such an entity (based on an actuari- obligation until September 29, 2000. funds provided by the Agency for Inter- ally sound estimate of the expected costs of SEC. 216. SOCIAL SERVICES BLOCK GRANT. national Development, the United Nations providing the service to such entity’s enroll- Notwithstanding any other provision of this International Children’s Emergency Fund or ees): Provided further, That nothing in this title, the amount appropriated under this the World Health Organization. section shall be construed to change the title for making grants pursuant to section SEC. 203. None of the funds appropriated Medicare program’s coverage for such serv- 2002 of the Social Security Act (42 U.S.C. under this Act may be used to implement ices and a Medicare+Choice organization de- 1397a) shall be increased to $2,380,000,000: Pro- section 399L(b) of the Public Health Service scribed in this section shall be responsible vided, That (1) $1,330,000,000 of which shall be- Act or section 1503 of the National Institutes for informing enrollees where to obtain in- come available on October 1, 2000, and (2) of Health Revitalization Act of 1993, Public formation about all Medicare covered serv- notwithstanding any other provision of this Law 103–43. ices. title, the amount specified for allocation SEC. 204. None of the funds appropriated in SEC. 211. (a) MENTAL HEALTH.—Section under section 2003(c) of such Act for fiscal this Act for the National Institutes of Health 1918(b) of the Public Health Service Act (42 year 2001 shall be $3,030,000,000. and the Substance Abuse and Mental Health U.S.C. 300x–7(b)) is amended to read as fol- SEC. 217. EXPRESSING THE SENSE OF THE Services Administration shall be used to pay lows: SENATE TO RAISE THE AWARENESS OF THE ‘‘(b) MINIMUM ALLOTMENTS FOR STATES.— the salary of an individual, through a grant DEVASTATING IMPACT OF DIABETES AND TO ‘‘(1) IN GENERAL.—With respect to fiscal or other extramural mechanism, at a rate in SUPPORT INCREASED FUNDS FOR DIABETES RE- year 2000, the amount of the allotment of a excess of Executive Level III. SEARCH. (a) FINDINGS.—Congress makes the State under section 1911 shall not be less SEC. 205. None of the funds appropriated in following findings: than the amount the State received under this Act may be expended pursuant to sec- (1) Diabetes is a devastating, lifelong con- section 1911 for fiscal year 1998.’’. tion 241 of the Public Health Service Act, ex- dition that affects people of every age, race, (b) SUBSTANCE ABUSE.—Section 1933(b) of cept for funds specifically provided for in income level, and nationality. the Public Health Service Act (42 U.S.C. this Act, or for other taps and assessments (2) Sixteen million Americans suffer from 300x–33(b)) is amended to read as follows: made by any office located in the Depart- diabetes, and millions more are at risk of de- ment of Health and Human Services, prior to ‘‘(b) MINIMUM ALLOTMENTS FOR STATES.— ‘‘(1) IN GENERAL.—With respect to fiscal veloping the disease. the Secretary’s preparation and submission (3) The number of Americans with diabetes of a report to the Committee on Appropria- year 2000, the amount of the allotment of a State under section 1921 shall not be less has increased nearly 700 percent in the last tions of the Senate and of the House detail- 40 years, leading the Centers for Disease Con- ing the planned uses of such funds. than the amount the State received under section 1921 for fiscal year 1999 increased by trol and Prevention to call it the ‘‘epidemic (TRANSFER OF FUNDS) 30.65 percent of the percentage by which the of our time’’. SEC. 206. Not to exceed 1 percent of any dis- amount allotted to the States for fiscal year (4) In 1999, approximately 800,000 people cretionary funds (pursuant to the Balanced 2000 exceeds the amount allotted to the will be diagnosed with diabetes, and diabetes Budget and Emergency Deficit Control Act, States for fiscal year 1999. will contribute to almost 200,000 deaths, as amended) which are appropriated for the ‘‘(2) LIMITATION.— making diabetes the sixth leading cause of current fiscal year for the Department of ‘‘(A) IN GENERAL.—Except as provided in death due to disease in the United States. Health and Human Services in this Act may subparagraph (B), a State shall not receive (5) Diabetes costs our nation an estimated be transferred between appropriations, but an allotment under section 1921 for fiscal $105,000,000,000 each year. no such appropriation (except the Public year 2000 in an amount that is less than an (6) More than 1 out of every 10 United Health and Social Services Emergency Fund) amount equal to 0.375 percent of the amount States health care dollars, and about 1 out of shall be increased by more than 3 percent by appropriated under section 1935(a) for such every 4 Medicare dollars, is spent on the care any such transfer: Provided, That the Appro- fiscal year. of people with diabetes. priations Committees of both Houses of Con- ‘‘(B) EXCEPTION.—In applying subparagraph (7) More than $40,000,000,000 a year in tax gress are notified at least fifteen days in ad- (A), the Secretary shall ensure that no State dollars are spent treating people with diabe- vance of any transfer. receives an increase in its allotment under tes through Medicare, Medicaid, veterans SEC. 207. The Director of the National In- section 1921 for fiscal year 2000 (as compared benefits, Federal employee health benefits, stitutes of Health, jointly with the Director to the amount allotted to the State in the and other Federal health programs. of the Office of AIDS Research, may transfer fiscal year 1999) that is in excess of an (8) Diabetes frequently goes undiagnosed, up to 3 percent among institutes, centers, amount equal to 300 percent of the percent- and an estimated 5,400,000 Americans have and divisions from the total amounts identi- age by which the amount appropriated under the disease but do not know it. fied by these two Directors as funding for re- section 1935(a) for fiscal year 2000 exceeds the (9) Diabetes is the leading cause of kidney search pertaining to the human immuno- amount appropriated for fiscal year 1999.’’. failure, blindness in adults, and amputa- deficiency virus: Provided, That the Congress SEC. 212. Notwithstanding any other provi- tions. is promptly notified of the transfer. sion of law, no provider of services under (10) Diabetes is a major risk factor for SEC. 208. Of the amounts made available in title X of the Public Health Service Act shall heart disease, stroke, and birth defects, and this Act for the National Institutes of be exempt from any State law requiring no- shortens average life expectancy by up to 15 Health, the amount for research related to tification or the reporting of child abuse, years. the human immunodeficiency virus, as joint- child molestation, sexual abuse, rape, or in- (11) An estimated 1,000,000 Americans have ly determined by the Director of NIH and the cest. Type 1 diabetes, formerly known as juvenile Director of the Office of AIDS Research, SEC. 213. EXTENSION OF CERTAIN ADJUDICA- diabetes, and 15,200,000 Americans have Type shall be made available to the ‘‘Office of TION PROVISIONS.—The Foreign Operations, 2 diabetes, formerly known as adult-onset di- AIDS Research’’ account. The Director of Export Financing, and Related Programs Ap- abetes. the Office of AIDS Research shall transfer propriations Act, 1990 (Public Law 101–167) is (12) Of Americans aged 65 years or older, from such account amounts necessary to amended— 18.4 percent have diabetes. carry out section 2353(d)(3) of the Public (1) in section 599D (8 U.S.C. 1157 note)— (13) Of Americans aged 20 years or older, 8.2 Health Service Act. (A) in subsection (b)(3), by striking ‘‘1997, percent have diabetes. SEC. 209. None of the funds appropriated in 1998, and 1999’’ and inserting ‘‘1997, 1998, 1999, (14) Hispanic, African, Asian, and Native this Act may be made available to any enti- and 2000’’; and Americans suffer from diabetes at rates ty under title X of the Public Health Service (B) in subsection (e), by striking ‘‘October much higher than the general population, in- Act unless the applicant for the award cer- 1, 1999’’ each place it appears and inserting cluding children as young as 8 years-old, who tifies to the Secretary that it encourages ‘‘October 1, 2000’’; and are now being diagnosed with Type 2 diabe- family participation in the decision of mi- (2) in section 599E (8 U.S.C. 1255 note) in tes, formerly known as adult-onset diabetes. nors to seek family planning services and subsection (b)(2), by striking ‘‘September 30, (15) In 1999, there is no method to prevent that it provides counseling to minors on how 1999’’ and inserting ‘‘September 30, 2000’’. or cure diabetes, and available treatments to resist attempts to coerce minors into en- SEC. 214. None of the funds provided in this have only limited success in controlling dia- gaging in sexual activities. Act or in any other Act making appropria- betes devastating consequences. SEC. 210. None of the funds appropriated by tions for fiscal year 2000 may be used to ad- (16) Reducing the tremendous health and this Act (including funds appropriated to any minister or implement in Arizona or in the human burdens of diabetes and its enormous trust fund) may be used to carry out the Kansas City, Missouri or in the Kansas City, economic toll depend on identifying the fac- Medicare+Choice program if the Secretary Kansas area the Medicare Competitive Pric- tors responsible for the disease and devel- denies participation in such program to an ing Demonstration Project (operated by the oping new methods for treatment and pre- otherwise eligible entity (including a Pro- Secretary of Health and Human Services vention. vider Sponsored Organization) because the under authority granted in section 4011 of (17) Improvements in technology and the entity informs the Secretary that it will not the Balanced Budget Act of 1997 (Public Law general growth in scientific knowledge have provide, pay for, provide coverage of, or pro- 105–33)). created unprecedented opportunities for ad- vide referrals for abortions: Provided, That SEC. 215. Of the funds appropriated for the vances that might lead to better treatments, the Secretary shall make appropriate pro- National Institutes of Health for fiscal year prevention, and ultimately a cure.

VerDate Mar 15 2010 21:55 Nov 01, 2013 Jkt 081600 PO 00000 Frm 00107 Fmt 0624 Sfmt 0634 E:\1999SENATE\S12OC9.REC S12OC9 mmaher on DSKCGSP4G1 with SOCIALSECURITY S12436 CONGRESSIONAL RECORD — SENATE October 12, 1999 (18) After extensive review and delibera- preventive dentistry demonstration program with the purposes of the program: Provided tions, the congressionally established and to improve the oral health of low-income further, That if any State educational agency National Institutes of Health-selected Diabe- children and increase the access of children does not apply for a grant under section 3132, tes Research Working Group has found that to dental sealants through community- and that State’s allotment under section 3131 ‘‘many scientific opportunities are not being school-based activities. shall be reserved by the Secretary for grants pursued due to insufficient funding, lack of SEC. 220. WITHHOLDING OF SUBSTANCE to local educational agencies in that State appropriate mechanisms, and a shortage of ABUSE FUNDS. (a) IN GENERAL.—None of the that apply directly to the Secretary accord- trained researchers’’. funds appropriated by this Act may be used ing to the terms and conditions published by (19) The Diabetes Research Working Group to withhold substance abuse funding from a the Secretary in the Federal Register. has developed a comprehensive plan for Na- State pursuant to section 1926 of the Public EDUCATION FOR THE DISADVANTAGED tional Institutes of Health-funded diabetes Health Service Act (42 U.S.C. 300x–26) if such For carrying out title I of the Elementary research, and has recommended a funding State certifies to the Secretary of Health and Secondary Education Act of 1965, and level of $827,000,000 for diabetes research at and Human Services that the State will com- section 418A of the Higher Education Act, the National Institutes of Health in fiscal mit additional State funds, in accordance $8,750,986,000, of which $2,520,823,000 shall be- year 2000. with subsection (b), to ensure compliance come available on July 1, 2000, and shall re- (20) The Senate as an institution, and with State laws prohibiting the sale of to- main available through September 30, 2001, Members of Congress as individuals, are in bacco products to individuals under 18 years and of which $6,204,763,000 shall become unique positions to support the fight against of age. available on October 1, 2000 and shall remain diabetes and to raise awareness about the (b) AMOUNT OF STATE FUNDS.—The amount available through September 30, 2001, for need for increased funding for research and of funds to be committed by a State under academic year 2000–2001: Provided, That for early diagnosis and treatment. subsection (a) shall be equal to one percent $6,894,000,000 shall be available for basic (b) SENSE OF THE SENATE.—It is the sense of such State’s substance abuse block grant grants under section 1124: Provided further, of the Senate that— allocation for each percentage point by That up to $3,500,000 of these funds shall be (1) the Federal Government has a responsi- which the State misses the retailer compli- available to the Secretary on October 1, 1999, bility to— ance rate goal established by the Secretary to obtain updated local-educational-agency- (A) endeavor to raise awareness about the of Health and Human Services under section level census poverty data from the Bureau of importance of the early detection, and prop- 1926 of such Act, except that the Secretary the Census: Provided further, That er treatment of, diabetes; and may agree to a smaller commitment of addi- $1,158,397,000 shall be available for concentra- (B) continue to consider ways to improve tional funds by the State. tion grants under section 1124A: Provided fur- access to, and the quality of, health care (c) SUPPLEMENT NOT SUPPLANT.—Amounts ther, That $8,900,000 shall be available for services for screening and treating diabetes; expended by a State pursuant to a certifi- evaluations under section 1501 and not more (2) the National Institutes of Health, with- cation under subsection (a) shall be used to than $8,500,000 shall be reserved for section in their existing funding levels, should in- supplement and not supplant State funds 1308, of which not more than $3,000,000 shall crease research funding, as recommended by used for tobacco prevention programs and for be reserved for section 1308(d): Provided fur- the congressionally established and National compliance activities described in such sub- ther, That grant awards under sections 1124 Institutes of Health-selected Diabetes Re- section in the fiscal year preceding the fiscal and 1124A of title I of the Elementary and search Working Group, so that the causes of, year to which this section applies. Secondary Education Act shall be made to and improved treatments and cure for, diabe- (d) ENFORCEMENT OF STATE EXPENDITURE.— each State and local educational agency at tes may be discovered; The Secretary shall exercise discretion in no less than 100 percent of the amount such (3) all Americans should take an active enforcing the timing of the State expendi- State or local educational agency received role to fight diabetes by using all the means ture required by the certification described under this authority for fiscal year 1999: Pro- available to them, including watching for in subsection (a) as late as July 31, 2000. vided further, That notwithstanding any the symptoms of diabetes, which include fre- SEC. 221. CHILDHOOD ASTHMA. In addition to other provision of law, grant awards under quent urination, unusual thirst, extreme amounts otherwise appropriated under this section 1124A of title I of the Elementary and hunger, unusual weight loss, extreme fa- title for the Centers for Disease Control and Secondary Education Act shall be made to tigue, and irritability; and Prevention, $8,705,947 in addition to the those local educational agencies that re- (4) national organizations, community or- $1,294,053 already provided for the asthma ceived a Concentration Grant under the De- ganizations, and health care providers should prevention programs, which shall become partment of Education Appropriations Act, endeavor to promote awareness of diabetes available on October 1, 2000 and shall remain 1998, but are not eligible to receive such a and its complications, and should encourage available through September 30, 2001, and be grant for fiscal year 2000: Provided further, early detection of diabetes through regular utilized to provide grants to local commu- That each such local educational agency screenings, education, and by providing in- nities for screening, treatment and edu- shall receive an amount equal to the Con- formation, support, and access to services. cation relating to childhood asthma. centration Grant the agency received in fis- SEC. 218. STUDY AND REPORT ON THE GEO- TITLE III—DEPARTMENT OF EDUCATION cal year 1998, ratably reduced, if necessary, GRAPHIC ADJUSTMENT FACTORS UNDER THE OFFICE OF ELEMENTARY AND SECONDARY to ensure that these local educational agen- MEDICARE PROGRAM. (a) STUDY.—The Sec- EDUCATION cies receive no greater share of their hold- retary of Health and Human Services shall EDUCATION REFORM harmless amounts than other local edu- conduct a study on— For carrying out activities authorized by cational agencies: Provided further, That the (1) the reasons why, and the appropriate- Secretary shall not take into account the ness of the fact that, the geographic adjust- titles III and IV of the Goals 2000: Educate America Act, the School-to-Work Opportuni- hold harmless provisions in this section in ment factor (determined under paragraph (2) determining State allocations under any of section 1848(e) (42 U.S.C. 1395w–4(e)) used ties Act, and sections 3122, 3132, 3136, and 3141, parts B, C, and D of title III, and part other program administered by the Sec- in determining the amount of payment for retary in any fiscal year: Provided further, physicians’ services under the medicare pro- I of title X of the Elementary and Secondary Education Act of 1965, $1,655,600,000, of which That $120,000,000 shall be available under sec- gram is less for physicians’ services provided tion 1002(g)(2) to demonstrate effective ap- in New Mexico than for physicians’ services $494,000,000 shall be for the Goals 2000 Act, of which $114,875,000 shall become available on proaches to comprehensive school reform to provided in Arizona, Colorado, and Texas; be allocated and expended in accordance and July 1, 2000 and remain available through September 30, 2001, and $344,625,000 shall be- with the instructions relating to this activ- (2) the effect that the level of the geo- ity in the statement of the managers on the graphic cost-of-practice adjustment factor come available on October 1, 2000 and remain available through September 30, 2001, and conference report accompanying Public Law (determined under paragraph (3) of such sec- 105–78 and in the statement of the managers tion) has on the recruitment and retention of $55,000,000 for the School-to-Work Opportuni- ties Act shall become available on July 1, on the conference report accompanying Pub- physicians in small rural States, including lic Law 105–277: Provided further, That in car- New Mexico, Iowa, Louisiana, and Arkansas. 2000 and remain available through September 30, 2001, and of which $87,000,000 shall be for rying out this initiative, the Secretary and (b) REPORT.—Not later than 3 months after the States shall support only approaches the date of enactment of this Act, the Sec- section 3122: Provided, That none of the funds appropriated under this heading shall be ob- that show the most promise of enabling chil- retary of Health and Human Services shall dren served by title I to meet challenging submit a report to Congress on the study ligated or expended to carry out section State content standards and challenging conducted under subsection (a), together 304(a)(2)(A) of the Goals 2000 Act, except that State student performance standards based with any recommendations for legislation no more than $1,500,000 may be used to carry on reliable research and effective practices, that the Secretary determines to be appro- out activities under section 314(a)(2) of that and include an emphasis on basic academics priate as a result of such study. Act: Provided further, That section 315(a)(2) of SEC. 219. DENTAL SEALANT DEMONSTRATION the Goals 2000 Act shall not apply: Provided and parental involvement. PROGRAM. From amounts appropriated under further, That up to one-half of 1 percent of IMPACT AID this title for the Health Resources and Serv- the amount available under section 3132 shall For carrying out programs of financial as- ices Administration, sufficient funds are be set aside for the outlying areas, to be dis- sistance to federally affected schools author- available to the Maternal Child Health Bu- tributed on the basis of their relative need as ized by title VIII of the Elementary and Sec- reau for the establishment of a multi-State determined by the Secretary in accordance ondary Education Act of 1965, $892,000,000, of

VerDate Mar 15 2010 21:55 Nov 01, 2013 Jkt 081600 PO 00000 Frm 00108 Fmt 0624 Sfmt 0634 E:\1999SENATE\S12OC9.REC S12OC9 mmaher on DSKCGSP4G1 with SOCIALSECURITY October 12, 1999 CONGRESSIONAL RECORD — SENATE S12437 which $725,000,000 shall be for basic support main available through September 30, 2001, The maximum Pell Grant for which a stu- payments under section 8003(b), $50,000,000 and of which $2,201,059,000 shall become dent shall be eligible during award year 2000– shall be for payments for children with dis- available on October 1, 2000 and shall remain 2001 shall be $3,325: Provided, That notwith- abilities under section 8003(d), $75,000,000, to available through September 30, 2001, for standing section 401(g) of the Act, if the Sec- remain available until expended, shall be for academic year 2000–2001. retary determines, prior to publication of payments under section 8003(f), $7,000,000 REHABILITATION SERVICES AND DISABILITY the payment schedule for such award year, shall be for construction under section 8007, RESEARCH that the amount included within this appro- $30,000,000 shall be for Federal property pay- For carrying out, to the extent not other- priation for Pell Grant awards in such award ments under section 8002 and $5,000,000 to re- wise provided, the Rehabilitation Act of 1973, year, and any funds available from the fiscal main available until expended shall be for fa- the Assistive Technology Act of 1998, and the year 1999 appropriation for Pell Grant cilities maintenance under section 8008. Helen Keller National Center Act, awards, are insufficient to satisfy fully all SCHOOL IMPROVEMENT PROGRAMS $2,692,872,000. such awards for which students are eligible, as calculated under section 401(b) of the Act, For carrying out school improvement ac- SPECIAL INSTITUTIONS FOR PERSONS WITH the amount paid for each such award shall be tivities authorized by titles II, IV, V–A and DISABILITIES reduced by either a fixed or variable percent- B, VI, IX, X, and XIII of the Elementary and AMERICAN PRINTING HOUSE FOR THE BLIND Secondary Education Act of 1965 (‘‘ESEA’’); age, or by a fixed dollar amount, as deter- For carrying out the Act of March 3, 1879, mined in accordance with a schedule of re- the Stewart B. McKinney Homeless Assist- as amended (20 U.S.C. 101 et seq.), $10,100,000. ance Act; and the Civil Rights Act of 1964 ductions established by the Secretary for NATIONAL TECHNICAL INSTITUTE FOR THE DEAF and part B of title VIII of the Higher Edu- this purpose. cation Act; $2,886,634,000, of which For the National Technical Institute for FEDERAL FAMILY EDUCATION LOAN PROGRAM $1,126,550,000 shall become available on July the Deaf under titles I and II of the Edu- ACCOUNT 1, 2000, and remain available through Sep- cation of the Deaf Act of 1986 (20 U.S.C. 4301 For Federal administrative expenses to tember 30, 2001, and of which $1,239,750,000 et seq.), $48,151,000, of which $2,651,000 shall carry out guaranteed student loans author- shall become available on October 1, 2000 and be for construction and shall remain avail- ized by title IV, part B, of the Higher Edu- shall remain available through September able until expended: Provided, That from the cation Act, as amended, $48,000,000. total amount available, the Institute may at 30, 2001 for academic year 2000–2001: Provided, HIGHER EDUCATION That of the amount appropriated, $335,000,000 its discretion use funds for the endowment program as authorized under section 207. For carrying out, to the extent not other- shall be for Eisenhower professional develop- wise provided, section 121 and titles II, III, GALLAUDET UNIVERSITY ment State grants under title II–B and up to IV, V, VI, VII, and VIII of the Higher Edu- $750,000 shall be for an evaluation of com- For the Kendall Demonstration Elemen- cation Act of 1965, as amended, and the Mu- prehensive regional assistance centers under tary School, the Model Secondary School for tual Educational and Cultural Exchange Act title XIII of ESEA: Provided further, That the Deaf, and the partial support of Gal- of 1961; $1,406,631,000, of which $12,000,000 for $1,200,000,000 is appropriated for a teacher as- laudet University under titles I and II of the interest subsidies authorized by section 121 sistance initiative pending authorization of Education of the Deaf Act of 1986 (20 U.S.C. of the Higher Education Act, shall remain that initiative. If the teacher assistance ini- 4301 et seq.), $85,500,000, of which $2,500,000 available until expended: Provided, That tiative is not authorized by July 1, 2000, the shall be for construction and shall remain funds available for part A, subpart 2 of title $1,200,000,000 shall be distributed as described available until expended: Provided, That VII of the Higher Education Act shall be in section 307(b)(1) (A) and (B) of the Depart- from the total amount available, the Univer- available to fund awards for academic year ment of Education Appropriation Act of 1999. sity may at its discretion use funds for the 2000–2001 for fellowships under part A, sub- School districts may use the funds for class endowment program as authorized under sec- part 1 of title VII of said Act, under the size reduction activities as described in sec- tion 207. terms and conditions of part A, subpart 1: tion 307(c)(2)(A) (i)–(iii) of the Department of OFFICE OF VOCATIONAL AND ADULT EDUCATION Provided further, That not more than 0.75 per- Education Appropriation Act of 1999 or any VOCATIONAL AND ADULT EDUCATION cent of the funds appropriated to carry out activity authorized in section 6301 of the Ele- For carrying out, to the extent not other- title II of the Higher Education Act may be mentary and Secondary Education Act that wise provided, the Carl D. Perkins Voca- used to conduct activities evaluating that will improve the academic achievement of tional and Technical Education Act, the program: Provided further, That $2,000,000 all students. Each such agency shall use Adult Education and Family Literacy Act, shall be for carrying out part C of title VIII funds under this section only to supplement, and title VIII–D of the Higher Education Act of the Higher Education amendments of 1998. and not to supplant, State and local funds of 1965, as amended, and Public Law 102–73, HOWARD UNIVERSITY that, in the absence of such funds, would oth- $1,676,750,000, of which $3,500,000 shall remain For partial support of Howard University erwise be spent for activities under this sec- available until expended, and of which tion. (20 U.S.C. 121 et seq.), $219,444,000, of which $1,658,150,000 shall become available on July not less than $3,530,000 shall be for a match- READING EXCELLENCE 1, 2000 and shall remain available through ing endowment grant pursuant to the How- For necessary expenses to carry out the September 30, 2001: Provided, That of the ard University Endowment Act (Public Law Reading Excellence Act, $90,000,000, which amounts made available for the Perkins Act, 98–480), of which $3,530,000 shall remain avail- shall become available on July 1, 2000 and $4,600,000 shall be for tribally controlled vo- able until expended. shall remain available through September cational institutions under section 117: Pro- COLLEGE HOUSING AND ACADEMIC FACILITIES 30, 2001 and $195,000,000 shall become avail- vided further, That $9,000,000 shall be for car- LOANS PROGRAM able on October 1, 2000 and remain available rying out Section 118 of such act for all ac- through September 30, 2001. tivities conducted by and through the Na- For Federal administrative expenses au- thorized under section 121 of the Higher Edu- INDIAN EDUCATION tional Occupational Information Coordi- cation Act, $737,000 to carry out activities re- For expenses necessary to carry out, to the nating Committee: Provided further, That of the amounts made available for the Adult lated to existing facility loans entered into extent not otherwise provided, title IX, part under the Higher Education Act. A of the Elementary and Secondary Edu- Education and Family Literacy Act, HISTORICALLY BLACK COLLEGE AND UNIVERSITY cation Act of 1965, as amended, $77,000,000. $14,000,000 shall be for national leadership ac- tivities under section 243 and $6,000,000 shall CAPITAL FINANCING PROGRAM ACCOUNT OFFICE OF BILINGUAL EDUCATION AND be for the National Institute for Literacy The total amount of bonds insured pursu- MINORITY LANGUAGES AFFAIRS under section 242: Provided further, That ant to section 344 of title III, part D of the BILINGUAL AND IMMIGRANT EDUCATION $19,000,000 shall be for Youth Offender Higher Education Act shall not exceed For carrying out, to the extent not other- Grants, of which $5,000,000, which shall be- $357,000,000, and the cost, as defined in sec- wise provided, bilingual, foreign language come available on July 1, 2000, and remain tion 502 of the Congressional Budget Act of and immigrant education activities author- available through September 30, 2001, shall 1974, of such bonds shall not exceed zero. ized by parts A and C and section 7203 of title be used in accordance with section 601 of For administrative expenses to carry out VII of the Elementary and Secondary Edu- Public Law 102–73 as that section was in ef- the Historically Black College and Univer- cation Act of 1965, without regard to section fect prior to enactment of Public Law 105– sity Capital Financing Program entered into 7103(b), $394,000,000: Provided, That State edu- 220. pursuant to title III, part D of the Higher cational agencies may use all, or any part of, OFFICE OF POSTSECONDARY EDUCATION Education Act, as amended, $207,000. their part C allocation for competitive STUDENT FINANCIAL ASSISTANCE OFFICE OF EDUCATIONAL RESEARCH AND grants to local educational agencies. For carrying out subparts 1, 3 and 4 of part IMPROVEMENT OFFICE OF SPECIAL EDUCATION AND A, part C and part E of title IV of the Higher EDUCATION RESEARCH, STATISTICS, AND REHABILITATIVE SERVICES Education Act of 1965, as amended, IMPROVEMENT SPECIAL EDUCATION $9,498,000,000, which shall remain available For carrying out activities authorized by For carrying out the Individuals with Dis- through September 30, 2001 and of which the Educational Research, Development, Dis- abilities Education Act, $6,035,646,000, of $1,176,400,000 shall become available on Octo- semination, and Improvement Act of 1994, in- which $3,834,587,000 shall become available ber 1, 2000 and remain available through Sep- cluding part E; the National Education Sta- for obligation on July 1, 2000, and shall re- tember 30, 2001. tistics Act of 1994, including sections 411 and

VerDate Mar 15 2010 21:55 Nov 01, 2013 Jkt 081600 PO 00000 Frm 00109 Fmt 0624 Sfmt 0634 E:\1999SENATE\S12OC9.REC S12OC9 mmaher on DSKCGSP4G1 with SOCIALSECURITY S12438 CONGRESSIONAL RECORD — SENATE October 12, 1999 412; section 2102 of title II, and parts A, B, Budget and Emergency Deficit Control Act, carry out the provisions of the Domestic and K and section 10601 of title X, and part as amended) which are appropriated for the Volunteer Service Act of 1973, as amended, C of title XIII of the Elementary and Sec- Department of Education in this Act may be $293,261,000. ondary Education Act of 1965, as amended, transferred between appropriations, but no CORPORATION FOR PUBLIC BROADCASTING and title VI of Public Law 103–227, such appropriation shall be increased by For payment to the Corporation for Public $468,867,000: Provided, That $25,000,000 shall be more than 3 percent by any such transfer: Broadcasting, as authorized by the Commu- available to demonstrate effective ap- Provided, That the Appropriations Commit- nications Act of 1934, an amount which shall proaches to comprehensive school reform, to tees of both Houses of Congress are notified be available within limitations specified by be allocated and expended in accordance at least fifteen days in advance of any trans- that Act, for the fiscal year 2002, $350,000,000: with the instructions relating to this activ- fer. Provided, That no funds made available to ity in the statement of managers on the con- NATIONAL TESTING the Corporation for Public Broadcasting by ference report accompanying Public Law 105– SEC. 305. (a) IN GENERAL.—Part C of the this Act shall be used to pay for receptions, 78: Provided further, That the funds made General Education Provisions Act (20 U.S.C. parties, or similar forms of entertainment available for comprehensive school reform 1231 et seq.) is amended by adding at the end for Government officials or employees: Pro- shall become available on July 1, 2000, and the following: vided further, That none of the funds con- remain available through September 30, 2001, tained in this paragraph shall be available or and in carrying out this initiative, the Sec- ‘‘SEC. 447. PROHIBITION ON FEDERALLY SPON- SORED TESTING. used to aid or support any program or activ- retary and the States shall support only ap- ‘‘(a) GENERAL PROHIBITION.—Notwith- ity from which any person is excluded, or is proaches that show the most promise of ena- standing any other provision of Federal law denied benefits, or is discriminated against, bling children to meet challenging State and except as provided in subsection (b), no on the basis of race, color, national origin, content standards and challenging State stu- funds provided to the Department of Edu- religion, or sex. dent performance standards based on reliable cation or to an applicable program, may be research and effective practices, and include FEDERAL MEDIATION AND CONCILIATION used to pilot test, field test, implement, ad- an emphasis on basic academics and parental SERVICE minister or distribute in any way any feder- involvement: Provided further, That SALARIES AND EXPENSES ally sponsored national test in reading, $10,000,000 of the funds provided for the na- For expenses necessary for the Federal Me- mathematics, or any other subject that is tional education research institutes shall be diation and Conciliation Service to carry out not specifically and explicitly provided for in allocated notwithstanding sections the functions vested in it by the Labor Man- authorizing legislation enacted into law. 912(m)(1)(B)–(F) and 931(c)(2)(B)–(C) of Public agement Relations Act, 1947 (29 U.S.C. 171– ‘‘(b) EXCEPTIONS.—Subsection (a) shall not Law 103–227. apply to the Third International Mathe- 180, 182–183), including hire of passenger DEPARTMENTAL MANAGEMENT matics and Science Study or other inter- motor vehicles; for expenses necessary for the Labor-Management Cooperation Act of PROGRAM ADMINISTRATION national comparative assessments developed under the authority of section 404(a)(6) of the 1978 (29 U.S.C. 175a); and for expenses nec- For carrying out, to the extent not other- essary for the Service to carry out the func- wise provided, the Department of Education National Education Statistics Act of 1994 (20 U.S.C. 9003(a)(6) et seq.) and administered to tions vested in it by the Civil Service Reform Organization Act, including rental of con- Act, Public Law 95–454 (5 U.S.C. ch. 71), ference rooms in the District of Columbia only a representative sample of pupils in the United States and in foreign nations.’’. $36,834,000, including $1,500,000, to remain and hire of two passenger motor vehicles, available through September 30, 2001, for ac- (b) AUTHORITY OF NATIONAL ASSESSMENT $370,184,000. tivities authorized by the Labor-Manage- GOVERNING BOARD.—Subject to section 447 of OFFICE FOR CIVIL RIGHTS the General Education Provisions Act, the ment Cooperation Act of 1978 (29 U.S.C. 175a): For expenses necessary for the Office for exclusive authority over the direction and Provided, That notwithstanding 31 U.S.C. Civil Rights, as authorized by section 203 of all policies and guidelines for developing vol- 3302, fees charged, up to full-cost recovery, the Department of Education Organization untary national tests pursuant to contract for special training activities and other con- Act, $71,200,000. RJ97153001 previously entered into between flict resolution services and technical assist- OFFICE OF THE INSPECTOR GENERAL the United States Department of Education ance, including those provided to foreign governments and international organiza- For expenses necessary for the Office of the and the American Institutes for Research tions, and for arbitration services shall be Inspector General, as authorized by section and executed on August 15, 1997, and subse- credited to and merged with this account, 212 of the Department of Education Organi- quently modified by the National Assess- and shall remain available until expended: zation Act, $34,000,000. ment Governing Board on February 11, 1998, Provided further, That fees for arbitration GENERAL PROVISIONS shall continue to be vested in the National Assessment Governing Board established services shall be available only for edu- SEC. 301. No funds appropriated in this Act under section 412 of the National Education cation, training, and professional develop- may be used for the transportation of stu- Statistics Act of 1994 (20 U.S.C. 9011). ment of the agency workforce: Provided fur- dents or teachers (or for the purchase of ther, That the Director of the Service is au- SEC. 306. FUNDING. Notwithstanding any equipment for such transportation) in order other provision of law— thorized to accept and use on behalf of the to overcome racial imbalance in any school (1) the total amount made available under United States gifts of services and real, per- or school system, or for the transportation this Act to carry out part A of title X of the sonal, or other property in the aid of any of students or teachers (or for the purchase Elementary and Secondary Education Act of projects or functions within the Director’s of equipment for such transportation) in 1965 shall be $39,500,000; jurisdiction. order to carry out a plan of racial desegrega- (2) the total amount made available under FEDERAL MINE SAFETY AND HEALTH REVIEW tion of any school or school system. this Act to carry out part C of title X of the COMMISSION SEC. 302. None of the funds contained in Elementary and Secondary Education Act of SALARIES AND EXPENSES this Act shall be used to require, directly or 1965 shall be $150,000,000; and indirectly, the transportation of any student For expenses necessary for the Federal (3) the total amount made available under to a school other than the school which is Mine Safety and Health Review Commission this Act to carry out subpart 1 of part A of nearest the student’s home, except for a stu- (30 U.S.C. 801 et seq.), $6,159,000. title IV of the Elementary and Secondary dent requiring special education, to the OFFICE OF LIBRARY SERVICES: GRANTS AND Education Act of 1965 shall be $451,000,000, of school offering such special education, in ADMINISTRATION which $111,275,000 shall be available on July order to comply with title VI of the Civil 1, 2000. For carrying out subtitle B of the Museum Rights Act of 1964. For the purpose of this SEC. 307. LEVERAGING EDUCATIONAL ASSIST- and Library Services Act, $154,500,000. section an indirect requirement of transpor- ANCE PARTNERSHIP PROGRAM. Notwith- MEDICARE PAYMENT ADVISORY COMMISSION tation of students includes the transpor- standing any other provision of this title, SALARIES AND EXPENSES tation of students to carry out a plan involv- amounts appropriated in this title to carry ing the reorganization of the grade structure For expenses necessary to carry out sec- out the leveraging educational assistance of schools, the pairing of schools, or the clus- tion 1805 of the Social Security Act, partnership program under section 407 of the tering of schools, or any combination of $7,015,000, to be transferred to this appropria- Higher Education Act of 1965 (20 U.S.C. 1070c grade restructuring, pairing or clustering. tion from the Federal Hospital Insurance and et seq.) shall be increased by $50,000,000, and The prohibition described in this section the Federal Supplementary Medical Insur- these additional funds shall become avail- does not include the establishment of mag- ance Trust Funds. able on October 1, 2000. net schools. NATIONAL COMMISSION ON LIBRARIES AND SEC. 303. No funds appropriated under this TITLE IV—RELATED AGENCIES INFORMATION SCIENCE Act may be used to prevent the implementa- CORPORATION FOR NATIONAL AND COMMUNITY SALARIES AND EXPENSES SERVICE tion of programs of voluntary prayer and For necessary expenses for the National meditation in the public schools. DOMESTIC VOLUNTEER SERVICE PROGRAMS, Commission on Libraries and Information (TRANSFER OF FUNDS) OPERATING EXPENSES Science, established by the Act of July 20, SEC. 304. Not to exceed 1 percent of any dis- For expenses necessary for the Corporation 1970 (Public Law 91–345, as amended), cretionary funds (pursuant to the Balanced for National and Community Service to $1,300,000.

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NATIONAL COUNCIL ON DISABILITY Unemployment Insurance Act, $90,000,000, to For making benefit payments under title SALARIES AND EXPENSES be derived in such amounts as determined by XVI of the Social Security Act for the first For expenses necessary for the National the Board from the railroad retirement ac- quarter of fiscal year 2001, $9,890,000,000, to Council on Disability as authorized by title counts and from moneys credited to the rail- remain available until expended. IV of the Rehabilitation Act of 1973, as road unemployment insurance administra- LIMITATION ON ADMINISTRATIVE EXPENSES tion fund. amended, $2,400,000. For necessary expenses, including the hire LIMITATION ON THE OFFICE OF INSPECTOR NATIONAL EDUCATION GOALS PANEL of two passenger motor vehicles, and not to GENERAL For expenses necessary for the National exceed $10,000 for official reception and rep- For expenses necessary for the Office of In- Education Goals Panel, as authorized by resentation expenses, not more than spector General for audit, investigatory and title II, part A of the Goals 2000: Educate $6,188,871,000 may be expended, as authorized review activities, as authorized by the In- America Act, $2,250,000. by section 201(g)(1) of the Social Security spector General Act of 1978, as amended, not Act, from any one or all of the trust funds NATIONAL LABOR RELATIONS BOARD more than $5,400,000, to be derived from the referred to therein: Provided, That not less SALARIES AND EXPENSES railroad retirement accounts and railroad than $1,800,000 shall be for the Social Secu- For expenses necessary for the National unemployment insurance account: Provided, rity Advisory Board: Provided further, That Labor Relations Board to carry out the func- That none of the funds made available in any unobligated balances at the end of fiscal year tions vested in it by the Labor-Management other paragraph of this Act may be trans- 2000 not needed for fiscal year 2000 shall re- Relations Act, 1947, as amended (29 U.S.C. ferred to the Office; used to carry out any main available until expended to invest in 141–167), and other laws, $210,193,000: Provided, such transfer; used to provide any office the Social Security Administration com- That no part of this appropriation shall be space, equipment, office supplies, commu- puting network, including related equipment available to organize or assist in organizing nications facilities or services, maintenance and non-payroll administrative expenses as- agricultural laborers or used in connection services, or administrative services for the sociated solely with this network: Provided with investigations, hearings, directives, or Office; used to pay any salary, benefit, or further, That reimbursement to the trust orders concerning bargaining units composed award for any personnel of the Office; used to funds under this heading for expenditures for of agricultural laborers as referred to in sec- pay any other operating expense of the Of- official time for employees of the Social Se- tion 2(3) of the Act of July 5, 1935 (29 U.S.C. fice; or used to reimburse the Office for any curity Administration pursuant to section 152), and as amended by the Labor-Manage- service provided, or expense incurred, by the 7131 of title 5, United States Code, and for fa- ment Relations Act, 1947, as amended, and as Office. cilities or support services for labor organi- defined in section 3(f) of the Act of June 25, SOCIAL SECURITY ADMINISTRATION zations pursuant to policies, regulations, or 1938 (29 U.S.C. 203), and including in said defi- PAYMENTS TO SOCIAL SECURITY TRUST FUNDS procedures referred to in section 7135(b) of nition employees engaged in the mainte- For payment to the Federal Old-Age and such title shall be made by the Secretary of nance and operation of ditches, canals, res- Survivors Insurance and the Federal Dis- the Treasury, with interest, from amounts in ervoirs, and waterways when maintained or ability Insurance trust funds, as provided the general fund not otherwise appropriated, operated on a mutual, nonprofit basis and at under sections 201(m), 228(g), and 1131(b)(2) of as soon as possible after such expenditures least 95 percent of the water stored or sup- the Social Security Act, $20,764,000. are made. plied thereby is used for farming purposes. From funds provided under the first para- SPECIAL BENEFITS FOR DISABLED COAL MINERS NATIONAL MEDIATION BOARD graph, not less than $200,000,000 shall be For carrying out title IV of the Federal available for conducting continuing dis- SALARIES AND EXPENSES Mine Safety and Health Act of 1977, ability reviews. For expenses necessary to carry out the $383,638,000, to remain available until ex- In addition to funding already available provisions of the Railway Labor Act, as pended. under this heading, and subject to the same amended (45 U.S.C. 151–188), including emer- For making, after July 31 of the current terms and conditions, $405,000,000, to remain gency boards appointed by the President, fiscal year, benefit payments to individuals available until September 30, 2001, for con- $9,100,000: Provided, That unobligated bal- under title IV of the Federal Mine Safety tinuing disability reviews as authorized by ances at the end of fiscal year 1999 not need- and Health Act of 1977, for costs incurred in section 103 of Public Law 104–121 and section ed for emergency boards shall remain avail- the current fiscal year, such amounts as may 10203 of Public Law 105–33. The term ‘‘con- able for other statutory purposes through be necessary. tinuing disability reviews’’ means reviews September 30, 2000. For making benefit payments under title and redeterminations as defined under sec- OCCUPATIONAL SAFETY AND HEALTH REVIEW IV of the Federal Mine Safety and Health tion 201(g)(1)(A) of the Social Security Act as COMMISSION Act of 1977 for the first quarter of fiscal year amended. 2001, $124,000,000, to remain available until SALARIES AND EXPENSES In addition, $80,000,000 to be derived from expended. For expenses necessary for the Occupa- administration fees in excess of $5.00 per sup- SUPPLEMENTAL SECURITY INCOME PROGRAM tional Safety and Health Review Commis- plementary payment collected pursuant to sion (29 U.S.C. 661), $8,500,000. For carrying out titles XI and XVI of the section 1616(d) of the Social Security Act or Social Security Act, section 401 of Public section 212(b)(3) of Public Law 93–66, which RAILROAD RETIREMENT BOARD Law 92–603, section 212 of Public Law 93–66, shall remain available until expended. To FEDERAL WINDFALL SUBSIDY as amended, and section 405 of Public Law the extent that the amounts collected pursu- For payment to the Dual Benefits Pay- 95–216, including payment to the Social Secu- ant to such section 1616(d) or 212(b)(3) in fis- ments Account, authorized under section rity trust funds for administrative expenses cal year 2000 exceed $80,000,000, the amounts 15(d) of the Railroad Retirement Act of 1974, incurred pursuant to section 201(g)(1) of the shall be available in fiscal year 2001 only to $175,000,000, which shall include amounts be- Social Security Act, $21,553,085,000, to remain the extent provided in advance in appropria- coming available in fiscal year 2000 pursuant available until expended: Provided, That any tions Acts. to section 224(c)(1)(B) of Public Law 98–76; portion of the funds provided to a State in From amounts previously made available and in addition, an amount, not to exceed 2 the current fiscal year and not obligated by under this heading for a state-of-the-art percent of the amount provided herein, shall the State during that year shall be returned computing network, not to exceed be available proportional to the amount by to the Treasury. $100,000,000 shall be available for necessary which the product of recipients and the aver- From funds provided under the previous expenses under this heading, subject to the age benefit received exceeds $175,000,000: Pro- paragraph, not less than $100,000,000 shall be same terms and conditions. available for payment to the Social Security vided, That the total amount provided herein OFFICE OF INSPECTOR GENERAL shall be credited in 12 approximately equal trust funds for administrative expenses for amounts on the first day of each month in conducting continuing disability reviews. (INCLUDING TRANSFER OF FUNDS) the fiscal year. In addition, $200,000,000, to remain avail- For expenses necessary for the Office of In- FEDERAL PAYMENTS TO THE RAILROAD able until September 30, 2001, for payment to spector General in carrying out the provi- RETIREMENT ACCOUNTS the Social Security trust funds for adminis- sions of the Inspector General Act of 1978, as trative expenses for continuing disability re- amended, $15,000,000, together with not to ex- For payment to the accounts established views as authorized by section 103 of Public ceed $51,000,000, to be transferred and ex- in the Treasury for the payment of benefits Law 104–121 and section 10203 of Public Law pended as authorized by section 201(g)(1) of under the Railroad Retirement Act for inter- 105–33. The term ‘‘continuing disability re- the Social Security Act from the Federal est earned on unnegotiated checks, $150,000, views’’ means reviews and redeterminations Old-Age and Survivors Insurance Trust Fund to remain available through September 30, as defined under section 201(g)(1)(A) of the and the Federal Disability Insurance Trust 2001, which shall be the maximum amount Social Security Act, as amended. Fund. available for payment pursuant to section For making, after June 15 of the current In addition, an amount not to exceed 3 per- 417 of Public Law 98–76. fiscal year, benefit payments to individuals cent of the total provided in this appropria- LIMITATION ON ADMINISTRATION under title XVI of the Social Security Act, tion may be transferred from the ‘‘Limita- For necessary expenses for the Railroad for unanticipated costs incurred for the cur- tion on Administrative Expenses’’, Social Retirement Board for administration of the rent fiscal year, such sums as may be nec- Security Administration, to be merged with Railroad Retirement Act and the Railroad essary. this account, to be available for the time and

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purposes for which this account is available: person intentionally affixed a label bearing a TROLLED SUBSTANCES.—None of the funds Provided, That notice of such transfers shall ‘‘Made in America’’ inscription, or any in- made available in this Act may be used for be transmitted promptly to the Committees scription with the same meaning, to any any activity that promotes the legalization on Appropriations of the House and Senate. product sold in or shipped to the United of any drug or other substance included in UNITED STATES INSTITUTE OF PEACE States that is not made in the United States, schedule I of the schedules of controlled sub- the person shall be ineligible to receive any stances established by section 202 of the Con- OPERATING EXPENSES contract or subcontract made with funds trolled Substances Act (21 U.S.C. 812). For necessary expenses of the United made available in this Act, pursuant to the (b) EXCEPTIONS.—The limitation in sub- States Institute of Peace as authorized in debarment, suspension, and ineligibility pro- section (a) shall not apply when there is sig- the United States Institute of Peace Act, cedures described in sections 9.400 through nificant medical evidence of a therapeutic $13,000,000. 9.409 of title 48, Code of Federal Regulations. advantage to the use of such drug or other TITLE V—GENERAL PROVISIONS SEC. 507. When issuing statements, press substance or that federally sponsored clin- releases, requests for proposals, bid solicita- ical trials are being conducted to determine SEC. 501. The Secretaries of Labor, Health tions and other documents describing therapeutic advantage. and Human Services, and Education are au- projects or programs funded in whole or in SEC. 512. None of the funds made available thorized to transfer unexpended balances of part with Federal money, all grantees re- in this Act may be obligated or expended to prior appropriations to accounts cor- ceiving Federal funds included in this Act, enter into or renew a contract with an entity responding to current appropriations pro- including but not limited to State and local if— vided in this Act: Provided, That such trans- governments and recipients of Federal re- (1) such entity is otherwise a contractor ferred balances are used for the same pur- search grants, shall clearly state: (1) the per- with the United States and is subject to the pose, and for the same periods of time, for centage of the total costs of the program or requirement in section 4212(d) of title 38, which they were originally appropriated. project which will be financed with Federal United States Code, regarding submission of SEC. 502. No part of any appropriation con- money; (2) the dollar amount of Federal an annual report to the Secretary of Labor tained in this Act shall remain available for funds for the project or program; and (3) per- concerning employment of certain veterans; obligation beyond the current fiscal year un- centage and dollar amount of the total costs and less expressly so provided herein. of the project or program that will be fi- (2) such entity has not submitted a report SEC. 503. (a) No part of any appropriation nanced by nongovernmental sources. as required by that section for the most re- contained in this Act shall be used, other SEC. 508. (a) None of the funds appropriated cent year for which such requirement was than for normal and recognized executive- under this Act, and none of the funds in any applicable to such entity. legislative relationships, for publicity or trust fund to which funds are appropriated SEC. 513. None of the funds made available propaganda purposes, for the preparation, under this Act, shall be expended for any in this Act may be used to promulgate or distribution, or use of any kit, pamphlet, abortion. adopt any final standard under section booklet, publication, radio, television, or (b) None of the funds appropriated under 1173(b) of the Social Security Act (42 U.S.C. video presentation designed to support or de- this Act, and none of the funds in any trust 1320d–2(b)) providing for, or providing for the feat legislation pending before the Congress fund to which funds are appropriated under assignment of, a unique health identifier for or any State legislature, except in presen- this Act, shall be expended for health bene- an individual (except in an individual’s ca- tation to the Congress or any State legisla- fits coverage that includes coverage of abor- pacity as an employer or a health care pro- ture itself. tion. vider), until legislation is enacted specifi- (b) No part of any appropriation contained (c) The term ‘‘health benefits coverage’’ cally approving the standard. in this Act shall be used to pay the salary or means the package of services covered by a SEC. 514. Section 520(c)(2)(D) of the Depart- expenses of any grant or contract recipient, managed care provider or organization pur- ments of Labor, Health and Human Services, or agent acting for such recipient, related to suant to a contract or other arrangement. and Education, and Related Agencies Appro- any activity designed to influence legisla- SEC. 509. (a) The limitations established in priations Act, 1997, as amended, is further tion or appropriations pending before the the preceding section shall not apply to an amended by striking ‘‘December 31, 1997’’ and abortion— Congress or any State legislature. inserting ‘‘December 31, 1999’’. SEC. 504. The Secretaries of Labor and Edu- (1) if the pregnancy is the result of an act SEC. 515. It is the sense of the Senate that cation are each authorized to make available of rape or incest; or the conferees on H.R. 2466, the Department of not to exceed $15,000 from funds available for (2) in the case where a woman suffers from Interior and Related Agencies Appropria- salaries and expenses under titles I and III, a physical disorder, physical injury, or phys- tions Act, shall include language prohibiting respectively, for official reception and rep- ical illness, including a life-endangering funds from being used for the Brooklyn Mu- resentation expenses; the Director of the physical condition caused by or arising from seum of Art unless the Museum immediately Federal Mediation and Conciliation Service the pregnancy itself, that would, as certified cancels the exhibit ‘‘Sensation’’, which con- is authorized to make available for official by a physician, place the woman in danger of tains obscene and pornographic pictures, a reception and representation expenses not to death unless an abortion is performed. picture of the Virgin Mary desecrated with exceed $2,500 from the funds available for (b) Nothing in the preceding section shall animal feces, and other examples of religious be construed as prohibiting the expenditure ‘‘Salaries and expenses, Federal Mediation bigotry. and Conciliation Service’’; and the Chairman by a State, locality, entity, or private person SEC. 516. SENSE OF THE SENATE REGARDING of State, local, or private funds (other than of the National Mediation Board is author- PAYMENTS UNDER THE PROSPECTIVE PAYMENT a State’s or locality’s contribution of Med- ized to make available for official reception SYSTEM FOR HOSPITAL OUTPATIENT DEPART- icaid matching funds). and representation expenses not to exceed MENT SERVICES. (a) FINDINGS.—The Senate (c) Nothing in the preceding section shall $2,500 from funds available for ‘‘Salaries and finds the following: be construed as restricting the ability of any expenses, National Mediation Board’’. (1) The Balanced Budget Act of 1997, in managed care provider from offering abor- SEC. 505. Notwithstanding any other provi- order to achieve the objective of balancing tion coverage or the ability of a State or lo- sion of this Act, no funds appropriated under the Federal budget, provided for the single cality to contract separately with such a this Act shall be used to carry out any pro- largest change in the medicare program provider for such coverage with State funds gram of distributing sterile needles or sy- (other than a State’s or locality’s contribu- under title XVIII of the Social Security Act ringes for the hypodermic injection of any il- tion of Medicaid matching funds). (42 U.S.C. 1395 et seq.) since the inception of legal drug. This provision shall become effec- SEC. 510. (a) None of the funds made avail- such program in 1965. tive one day after the date of enactment of able in this Act may be used for— (2) Reliable, independent estimates now this Act. (1) the creation of a human embryo or em- project that the changes to the medicare SEC. 506. (a) PURCHASE OF AMERICAN-MADE bryos for research purposes; or program provided for in the Balanced Budget EQUIPMENT AND PRODUCTS.—It is the sense of (2) research in which a human embryo or Act of 1997 will result in the reduction of the Congress that, to the greatest extent embryos are destroyed, discarded, or know- payments to health care providers that practicable, all equipment and products pur- ingly subjected to risk of injury or death greatly exceeds the level of estimated reduc- chased with funds made available in this Act greater than that allowed for research on tions when such Act was enacted. should be American-made. fetuses in utero under 45 CFR 46.208(a)(2) and (3) Congressional oversight has begun to (b) NOTICE REQUIREMENT.—In providing fi- section 498(b) of the Public Health Service reveal that these greater-than-anticipated nancial assistance to, or entering into any Act (42 U.S.C. 289g(b)). reductions in payments are harming the contract with, any entity using funds made (b) For purposes of this section, the term ability of health care providers to maintain available in this Act, the head of each Fed- ‘‘human embryo or embryos’’ includes any and deliver high-quality health care services eral agency, to the greatest extent prac- organism, not protected as a human subject to beneficiaries under the medicare program ticable, shall provide to such entity a notice under 45 CFR 46 as of the date of the enact- and to other individuals. describing the statement made in subsection ment of this Act, that is derived by fertiliza- (4) One of the key factors that has caused (a) by the Congress. tion, parthenogenesis, cloning, or any other these greater-than-anticipated reductions in (c) PROHIBITION OF CONTRACTS WITH PER- means from one or more human gametes or payments is the inappropriate regulatory ac- SONS FALSELY LABELING PRODUCTS AS MADE human diploid cells. tion taken by the Secretary in implementing IN AMERICA.—If it has been finally deter- SEC. 511. (a) LIMITATION ON USE OF FUNDS the provisions of the Balanced Budget Act of mined by a court or Federal agency that any FOR PROMOTION OF LEGALIZATION OF CON- 1997.

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(5) The Secretary of Health and Human treatment and ultimately a cure for prostate (b) SENSE OF THE SENATE.—It is the sense Services, contrary to the direction of 77 cancer. of the Senate that Congress should enact leg- Members of the Senate and 253 Members of (6) The Congressionally Directed Depart- islation that requires health plans to provide the House of Representatives (stated in let- ment of Defense Prostate Cancer Research women with direct access to a participating ters to the Secretary dated June 18, 1999, and Program is making important strides in in- health provider who specializes in obstetrics September 14, 1999, respectively), has per- novative prostate cancer research, and this and gynecological services, and that such di- sisted in interpreting the provisions of the Program presented to Congress in April of rect access should be provided for all obstet- prospective payment system for hospital 1998 a full investment strategy for prostate ric and gynecologic care covered by their outpatient department services under sec- cancer research at the Department of De- health plans, without first having to obtain tion 1833(t) of the Social Security Act (42 fense. a referral from a primary care provider or U.S.C. 1395l(t)) in a manner that would im- (7) The Senate expressed itself unani- the health plan. pose an unintended 5.7 percent across the mously in 1998 that the Federal commitment SEC. 522. SENSE OF THE SENATE REGARDING board reduction in payments under such sys- to biomedical research should be doubled COMPREHENSIVE PUBLIC EDUCATION REFORM. tem. over the next 5 years. (a) FINDINGS.—The Senate finds the fol- lowing: (b) SENSE OF THE SENATE.—It is the sense (b) SENSE OF THE SENATE.—It is the sense (1) Recent scientific evidence demonstrates of the Senate that the Secretary of Health of the Senate that— that enhancing children’s physical, social, and Human Services should carry out con- (1) finding treatment breakthroughs and a emotional, and intellectual development be- gressional intent and cease its inappropriate cure for prostate cancer should be made a fore the age of six results in tremendous ben- interpretation of the provisions of the pro- national health priority; efits throughout life. spective payment system for hospital out- (2) significant increases in prostate cancer (2) Successful schools are led by well- patient department services under section research funding, commensurate with the trained, highly qualified principals, but 1833(t) of the Social Security Act (42 U.S.C. impact of the disease, should be made avail- many principals do not get the training that 1395l(t)). able at the National Institutes of Health and the principals need in management skills to SEC. 517. It is the sense of the Senate that to the Department of Defense Prostate Can- it is important that Congress determine the ensure their school provides an excellent cer Research Program; and education for every child. economic status of former recipients of as- (3) these agencies should prioritize pros- sistance under the temporary assistance to (3) Good teachers are a crucial catalyst to tate cancer research that is directed toward quality education, but one in four new teach- needy families program funded under part A innovative clinical and translational re- of title IV of the Social Security Act (42 ers do not meet State certification require- search projects in order that treatment ments; each year more than 50,000 under-pre- U.S.C. 601 et seq.). breakthroughs can be more rapidly offered to SEC. 518. CONFOUNDING BIOLOGICAL AND pared teachers enter the classroom; and 12 patients. PHYSIOLOGICAL INFLUENCES ON POLYGRAPHY. percent of new teachers have had no teacher SEC. 520. The United States-Mexico Border (a) FINDINGS.—The Senate finds that: training at all. Health Commission Act (22 U.S.C. 290n et (1) The use of polygraph tests as a screen- (4) Public school choice is a driving force seq.) is amended— ing tool for Federal employees and con- behind reform and is vital to increasing ac- (1) by striking section 2 and inserting the tractor personnel is increasing. countability and improving low-performing following: (2) A 1983 study by the Office of Technology schools. Assessment found little scientific evidence ‘‘SEC. 2. APPOINTMENT OF MEMBERS OF BORDER (b) SENSE OF THE SENATE.—It is the sense to support the validity of polygraph tests in HEALTH COMMISSION. of the Senate that the Federal Government such screening applications. ‘‘Not later than 30 days after the date of should support State and local educational (3) The 1983 study further found that little enactment of this section, the President agencies engaged in comprehensive reform of or no scientific study had been undertaken shall appoint the United States members of their public education system and that any on the effects of prescription and non- the United States-Mexico Border Health education reform should include at least the following principals— prescription drugs on the validity of poly- Commission, and shall attempt to conclude (1) that every child should begin school graph tests, as well as differential responses an agreement with Mexico providing for the ready to learn by providing the resources to to polygraph tests according to biological establishment of such Commission.’’; and expand existing programs, such as Even and physiological factors that may vary ac- (2) in section 3— Start and Head Start; cording to age, gender, or ethnic back- (A) in paragraph (1), by striking the semi- (2) that training and development for prin- grounds, or other factors relating to natural colon and inserting ‘‘; and’’; cipals and teachers should be a priority; variability in human populations. (B) in paragraph (2)(B), by striking ‘‘; and’’ (3) that public school choice should be en- (4) A scientific evaluation of these impor- and inserting a period; and couraged to increase options for students; tant influences on the potential validity of (C) by striking paragraph (3). (4) that support should be given to commu- polygraph tests should be studied by a neu- SEC. 521. SENSE OF THE SENATE ON WOMEN’S nities to develop additional counseling op- tral agency with biomedical and physio- ACCESS TO OBSTETRIC AND GYNECOLOGICAL portunities for at-risk students; and logical expertise in order to evaluate the fur- SERVICES. (a) FINDINGS.—Congress makes the (5) school boards, administrators, prin- ther expansion of the use of polygraph tests following findings: cipals, parents, teachers, and students must on Federal employees and contractor per- (1) In the 1st session of the 106th Congress, be accountable for the success of the public sonnel. 23 bills have been introduced to allow women (b) SENSE OF THE SENATE.—It is the sense direct access to their ob-gyn provider for ob- education system and corrective action in of the Senate that the Director of the Na- stetric and gynecologic services covered by underachieving schools must be taken. tional Institutes of Health should enter into their health plans. SEC. 523. The applicable time limitations with respect to the giving of notice of injury appropriate arrangements with the National (2) Direct access to ob-gyn care is a protec- and the filing of a claim for compensation Academy of Sciences to conduct a com- tion that has been established by Executive for disability or death by an individual under prehensive study and investigation into the order for enrollees in medicare, medicaid, the Federal Employees’ Compensation Act, scientific validity of polygraphy as a screen- and Federal Employee Health Benefit Pro- as amended, for injuries sustained as a result ing tool for Federal and Federal contractor grams. of the person’s exposure to a nitrogen or sul- (3) American women overwhelmingly sup- personnel, with particular reference to the fur mustard agent in the performance of offi- port passage of Federal legislation requiring validity of polygraph tests being proposed cial duties as an employee at the Depart- health plans to allow women to see their ob- for use in proposed rules published at 64 Fed. ment of the Army’s Edgewood Arsenal before gyn providers without first having to obtain Reg. 45062 (August 18, 1999). March 20, 1944, shall not begin to run until SEC. 519. (a) FINDINGS.—Congress makes a referral. A 1998 survey by the Kaiser Fam- the date of enactment of this Act. the following findings: ily Foundation and Harvard University SEC. 524. Section 169(d)(2)(B) of Public Law (1) In 1999, prostate cancer is expected to found that 82 percent of Americans support 105–220, the Workforce Investment Act of kill more than 37,000 men in the United passage of a direct access law. 1998, is amended by striking ‘‘or Alaska Na- States and be diagnosed in over 180,000 new (4) While 39 States have acted to promote tive villages or Native groups (as such terms cases. residents’ access to ob-gyn providers, pa- are defined in section 3 of the Alaska Native (2) Prostate cancer is the most diagnosed tients in other State- or federally-governed Claims Settlement Act (43 U.S.C. 1602)).’’, nonskin cancer in the United States. health plans are not protected from access and inserting in lieu thereof, ‘‘or Alaska Na- (3) African Americans have the highest in- restrictions or limitations. tives.’’. cidence of prostate cancer in the world. (5) In May of 1999 the Commonwealth Fund SEC. 525. SENSE OF THE SENATE ON PREVEN- (4) Considering the devastating impact of issued a survey on women’s health, deter- TION OF NEEDLESTICK INJURIES. (a) FIND- the disease among men and their families, mining that 1 of 4 women (23 percent) need to INGS.—The Senate finds that— prostate cancer research remains under- first receive permission from their primary (1) the Centers for Disease Control and Pre- funded. care physician before they can go and see vention reports that American health care (5) More resources devoted to clinical and their ob-gyn provider for covered obstetric or workers report more than 800,000 needlestick translational research at the National Insti- gynecologic care. and sharps injuries each year; tutes of Health will be highly determinative (6) Sixty percent of all office visits to ob- (2) the occurrence of needlestick injuries is of whether rapid advances can be attained in gyn providers are for preventive care. believed to be widely under-reported;

VerDate Mar 15 2010 21:55 Nov 01, 2013 Jkt 081600 PO 00000 Frm 00113 Fmt 0624 Sfmt 0634 E:\1999SENATE\S12OC9.REC S12OC9 mmaher on DSKCGSP4G1 with SOCIALSECURITY S12442 CONGRESSIONAL RECORD — SENATE October 12, 1999 (3) needlestick and sharps injuries result in Braves in 1954, Hank Aaron gained a S. RES. 201 at least 1,000 new cases of health care work- reputation as one of the most feared Whereas Henry ‘‘Hank’’ Aaron hit a his- ers with HIV, hepatitis C or hepatitis B hitters in the National League, toric home run in 1974 to become the all-time every year; and prompting the rival Brooklyn Dodgers Major League Baseball home run leader; (4) more than 80 percent of needlestick in- Whereas Henry ‘‘Hank’’ Aaron over the juries can be prevented through the use of to quickly give him the nickname ‘‘Bad Henry.’’ In 1957 he led the Braves course of his career created a lasting legacy safer devices. in the game of baseball and continues to con- (b) SENSE OF THE SENATE.—It is the sense to the World Series and earned himself tribute to society through his Chasing the of the Senate that the Senate should pass the League’s Most Valuable Player Dream Foundation; legislation that would eliminate or minimize Award. Whereas Henry ‘‘Hank’’ Aaron hit more the significant risk of needlestick injury to Aaron continued his consistently than 40 home runs in 8 different seasons; health care workers. outstanding play through the 1960s and Whereas Henry ‘‘Hank’’ Aaron appeared in SEC. 526. (a) The Centers for Disease Con- was with the Braves when they moved 20 All-Star games; trol and Prevention shall hereafter be known Whereas Henry ‘‘Hank’’ Aaron was elected and designated as the ‘‘Thomas R. Harkin from Milwaukee to Atlanta in 1966. During these years, Hank Aaron con- to the National Baseball Hall of Fame in his Centers for Disease Control and Prevention’’. first year of eligibility, receiving one of the (b) Effective upon the date of enactment of tinued to lead the Braves’ offense and highest vote totals (406 votes) in the history this Act, any reference in a law, document, began amassing an impressive number of National Baseball Hall of Fame voting; record, or other paper of the United States of home runs. By the early 1970s it was Whereas Henry ‘‘Hank’’ Aaron was in- to the ‘‘Centers for Disease Control and Pre- clear that Aaron was on the verge of ducted into the National Baseball Hall of vention’’ shall be deemed to be a reference to Fame on August 1, 1982; the ‘‘Thomas R. Harkin Centers for Disease breaking a record many thought was Whereas Henry ‘‘Hank’’ Aaron finished his Control and Prevention’’. unreachable—Babe Ruth’s record of 714 (c) Nothing in this section shall be con- career home runs. career in 1976 with 755 home runs, a lifetime strued as prohibiting the Director of the Despite numerous threats to himself batting average of .305, and 2,297 runs batted Thomas R. Harkin Centers for Disease Con- and his family from those who did not in; Whereas Henry ‘‘Hank’’ Aaron taught us to trol and Prevention from utilizing for offi- want to see him break the record, cial purposes the term ‘‘CDC’’ as an acronym follow our dreams; Hank Aaron persevered and made the Whereas Henry ‘‘Hank’’ Aaron continues to for such Centers. record his own on the evening of April SEC. 527. DESIGNATION OF ARLEN SPECTER serve the community through his various DEPARTMENT OF HEALTH AND HUMAN SERV- 8, 1974 at Atlanta Stadium. He went on commitments to charities and as corporate ICES. (a) IN GENERAL.—The National Library to finish his career with the Milwaukee vice president of community relations for of Medicine building (building 38) at 8600 Brewers and retired with an amazing Turner Broadcasting; Rockville Pike, in Bethesda, Maryland, shall total of 755 career home runs, along Whereas Henry ‘‘Hank’’ Aaron became one be known and designated as the ‘‘Arlen Spec- with a .305 lifetime batting average and of the first African-Americans in Major ter National Library of Medicine’’. League Baseball upper management, as At- 2,297 career runs batted in, also a major lanta’s vice president of player development; (b) REFERENCES.—Any reference in a law, league record. He entered baseball’s map, regulation, document, paper, or other and record of the United States to the building Hall of Fame in 1982, receiving one of Whereas Henry ‘‘Hank’’ Aaron is one of the referred to in subsection (a) shall be deemed the highest vote totals in the history greatest baseball players: Now, therefore, be to be a reference to the Arlen Specter Na- of Hall of Fame balloting. it tional Library of Medicine. After his playing days were over, Resolved, That the Senate— This Act may be cited as the ‘‘Depart- Aaron returned to the Braves and be- (1) congratulates Henry ‘‘Hank’’ Aaron on ments of Labor, Health and Human Services, came a pivotal part of the team’s front his great achievements in baseball and rec- ognizes Henry ‘‘Hank’’ Aaron as one of the and Education, and Related Agencies Appro- office staff as their vice president of priations Act, 2000’’. greatest professional baseball players of all player development. He continues to time; and f serve the Atlanta community through (2) commends Henry ‘‘Hank’’ Aaron for his CONGRATULATING HENRY ‘‘HANK’’ various charities, including his own commitment to young people, earning him a AARON Chasing the Dream Foundation, and as permanent place in both sports history and American society. Mr. CRAIG. Mr. President, I ask corporate vice president of community unanimous consent that the Senate relations for Turner Broadcasting. f now proceed to the immediate consid- Few players have had as large an im- eration of S. Res. 201, submitted earlier pact on their sport and the cities where ORDERS FOR WEDNESDAY, they played. As one of baseball’s first OCTOBER 13, 1999 by Senators COVERDELL and CLELAND. The PRESIDING OFFICER. The African-American stars, Hank Aaron Mr. CRAIG. Mr. President, I ask clerk will report the resolution by withstood prejudice and bigotry and unanimous consent that when the Sen- title. helped to create the modern integrated ate completes its business today, it ad- The legislative clerk read as follows: game where stars like Ken Griffey, Jr., journ until the hour of 9:30 a.m. on A resolution (S. Res. 201) congratulating Ramon Martinez, Brian Jordan and Wednesday, October 13. I further ask Henry ‘‘Hank’’ Aaron on the 25th anniver- Sammy Sosa flourish. His calm, quiet, unanimous consent that on Wednesday, sary of breaking the Major League Baseball methodical style is a lasting example immediately following the prayer, the career home run record established by Babe that actions always speak louder than Journal of proceedings be approved to Ruth and recognizing him as one of the words. The game of baseball and soci- date, the morning hour be deemed ex- greatest baseball players of all time. ety as a whole owes a debt of gratitude pired, the time for the two leaders be There being no objection, the Senate to Henry Aaron, and this resolution reserved for their use later in the day, proceeded to consider the resolution. will show the Senate’s appreciation for and the Senate then resume debate on Mr. COVERDELL. Mr. President, I the all-time home run king on the an- the conference report to accompany rise today to introduce a resolution niversary of his greatest achievement the Agriculture appropriations con- commemorating one of the great he- on the field. ference report as provided under the roes of American sport. Twenty-five Mr. CRAIG. Mr. President, I ask previous order. years ago, Henry ‘‘Hank’’ Aaron broke unanimous consent that the resolution The PRESIDING OFFICER. Without one of baseball’s most legendary be agreed to, the preamble be agreed objection, it is so ordered. records—the all time home run record to, the motion to reconsider be laid set by George Herman ‘‘Babe’’ Ruth. In upon the table, and any statements re- f 1974 Hank Aaron hit his 715th career lating to the resolution be printed in PROGRAM home run and forever etched his name the RECORD. in the annals of baseball history. But The PRESIDING OFFICER. Without Mr. CRAIG. Mr. President, for the in- we should always remember that this objection, it is so ordered. formation of all Senators, the Senate record was only part of the story for an The resolution (S. Res. 201) was will resume consideration of the Agri- athlete whose impact on the game and agreed to. culture appropriations conference re- society is still felt today. The preamble was agreed to. port at 9:30 a.m. By previous consent, From the time he first arrived in the The resolution, with its preamble, there will be 6 hours of debate with a major leagues with the Milwaukee reads as follows: vote to occur at approximately 3:30

VerDate Mar 15 2010 21:55 Nov 01, 2013 Jkt 081600 PO 00000 Frm 00114 Fmt 0624 Sfmt 0634 E:\1999SENATE\S12OC9.REC S12OC9 mmaher on DSKCGSP4G1 with SOCIALSECURITY October 12, 1999 CONGRESSIONAL RECORD — SENATE S12443 p.m., if all time is used. For the re- JAIME E. FUENTES, 0000 TALMON D. KUHNZ, 0000 *JEFFREY A. BHE, 0000 ROY C. GEDNEY, 0000 CHARLES R. NESSMITH, 0000 *HOWARD R. BIDDLE, 0000 mainder of the day, the Senate will re- *THOMAS W. BIGGERSTAFF, 0000 THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT JUDE P. BILAFER, 0000 sume executive session to complete TO THE GRADE INDICATED IN THE RESERVE OF THE MICHAEL. E BILVAIS, 0000 consideration of the Comprehensive ARMY UNDER TITLE 10, U.S.C., SECTION 12203: JOHN E. BIRCHER IV, 0000 To be colonel RALPH T. BLACKBURN, 0000 Test Ban Treaty. There are approxi- MICHAEL BLAHOVEC, 0000 mately 3 hours remaining for debate. REX H. CRAY, 0000 MARK C. RICKETTS, 0000 *ERIC W. BLAIR, 0000 DANIEL J. DIRE, 0000 DAVID L. SHAKES, 0000 PATRICK E. BLAIR, 0000 Therefore, the vote is expected to occur ALAN M. KOLLAR, 0000 ARTHUR J. SIGSBURY, JR., TIMOTHY D. BLAIR, 0000 prior to the adjournment on Wednes- RICHARD C. PERRY, 0000 0000 DENNIS W. BLAKER, 0000 ELDON P. REGUA, 0000 LAWRENCE A. WEST, 0000 *SCOTT R. BLEICHWEHL, 0000 day. Also prior to the adjournment, the LISA M. BLESKE, 0000 Senate is expected to begin consider- THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT BRIAN G. BLEW, 0000 TO THE GRADE INDICATED IN THE UNITED STATES ARMY EVERRETT T. BLOCKER, 0000 ation of the campaign finance reform AND FOR REGULAR APPOINTMENT (IDENTIFIED BY AN GARY E. BLOOMBERG, 0000 legislation or any conference reports ASTERISK(*)) UNDER TITLE 10, U.S.C., SECTIONS 624 AND *TIMOTHY J. BOCK, 0000 531: SCOTT A. BODINE, 0000 available for action. To be major SHANNON L. BOEHM, 0000 RICHARD J. BOEHNING, 0000 f *DAVID M. ABBINANTI, 0000 *TIMOTHY J. BOEMECKE, 0000 *JOSSLYN L. ABERLE, 0000 EDWARD T. BOHNEMANN, 0000 *MARY E. ABRAMS, 0000 GILLIAN S. BOICE, 0000 ADJOURNMENT UNTIL 9:30 A.M. ALFRED F. ABRAMSON III, 0000 MAURICE F. BOLDUC, JR., 0000 TOMORROW *ARIEL P. ABUEL, 0000 JOSEPH E. BOLTON, 0000 WILLIAM E. ACHESON, 0000 DOUGLAS A. BOLTUC, 0000 Mr. CRAIG. Mr. President, if there is JAMES E. ADAMS, JR., 0000 *PATRICK BOND, 0000 *SKIP ADAMS, 0000 EDWARD M. BONFOEY III, 0000 no further business to come before the ROBERT C. AGANS, JR., 0000 JAMES P. BOOTH, 0000 JOHN S. AGOR, 0000 ERIK B. BORGESON, 0000 Senate, I now ask unanimous consent JESUS AGUIRRE, 0000 KARL W. BORJES, 0000 the Senate stand in adjournment under ALBERT L. ALBA, 0000 DWAINE K. BOTELER, 0000 *TIMOTHY P. ALBERS, 0000 *DANIEL A. BOWMAN, 0000 the previous order. *EDWARD J. ALCOCK, 0000 TERRELL C. BOYD, 0000 There being no objection, the Senate, *NUNEZ E. ALCON, 0000 *ANTHONY C. BOZEMAN, 0000 *MICHAEL T. ALEXANDER, 0000 ROBERT G. BOZIC, 0000 at 6:19 p.m., adjourned until Wednes- NATHANAEL L. ALLEN, 0000 SHARON L. BRADY, 0000 day, October 13, 1999, at 9:30 a.m. STEVEN L. ALLEN, 0000 *BRADLEY K. BRAGG, 0000 *SAMUEL M. ALLMOND, 0000 BRIAN M. BRANDT, 0000 JOHN C. ALLRED, 0000 JAMES T. BRASWELL, 0000 f *RAMIRO A. ALONSO, 0000 *PHILLIP A. BRATTON, SR., 0000 SCOTT R. ALPETER, 0000 *GENE A. BRAVENEC, JR., 0000 NOMINATIONS EDWARD J. AMATO, 0000 *JOSEPH M. BRAY, 0000 *MICHAEL D. AMMONS, 0000 ROBERT D. BREM, 0000 Executive nominations received by *GINA M. ANDERSON, 0000 EDWARD T. BRESLOW, 0000 JEFFERY A. ANDERSON, 0000 *KEVIN W. BREUERS, 0000 the Senate October 12, 1999: MATTHEW D. ANDERSON, 0000 *BARNEY D. BREWINGTON, 0000 IN THE COAST GUARD PATRICK S. ANDERSON, 0000 WILLIS D. BRICE, 0000 *PETER K. ANDERSON, 0000 *DAVID E. BRIGHAM, 0000 THE FOLLOWING NAMED OFFICER FOR PROMOTION TO THOMAS J. ANDERSON, 0000 *DAVID R. BRIGHAM, 0000 THE GRADE INDICATED IN THE UNITED STATES COAST JOHN C. ANDONIE, 0000 *HOWARD M. BRINKMAN, 0000 GUARD UNDER TITLE 14, U.S.C., SECTION 271: *RICHARD P. ANDRISE, 0000 GREGORY J. BROECKER, 0000 *BRUCE A. ARCHAMBAULT, JR., 0000 JOHANNES BRONDUM, 0000 To be captain *EDWARD P. ARDREY, 0000 *WILLIAM T. BROOKS, 0000 RICHARD B. GAINES, 0000 JOSEPH D. ARMSTRONG, 0000 *DANIEL D. BROPHY, 0000 SCOTT C. ARMSTRONG, 0000 AARON M. BROWN, 0000 IN THE AIR FORCE CHARLES B. ARNETT III, 0000 *ANTONIO BROWN, 0000 JOE E. ARNOLD, JR., 0000 *AUZZIE K. BROWN, 0000 THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT QUINTON J. ARNOLD, 0000 CHRISTOPHER L. BROWN, 0000 TO THE GRADES INDICATED IN THE UNITED STATES AIR WARREN S. ARONSON, 0000 *JOSEPH P. BROWN, 0000 FORCE UNDER TITLE 10, U.S.C., SECTION 624: *MICHAEL A. ASCURA, 0000 *LESLIE F. BROWN, 0000 To be colonel BOBBY R. ATWELL, JR., 0000 *RENE BROWN, 0000 *JOHN N. AUBE, 0000 *TRACY BROWN, 0000 EDWIN C. SCHILLING III, 0000 *ROXANNE R. AUSTIN, 0000 *VICTOR S. BROWN, 0000 *CARL W. AXELSON, 0000 *WALTON M. BROWN, 0000 To be lieutenant colonel CHRISTOPHER L. BABCOCK, 0000 WILLIAM I. BROWN, 0000 JOHN M. SMITH, 0000 *DONALD R. BACHLER, 0000 *JAMES J. BRUHA, 0000 CELINDA L. VAN MAREN, 0000 *VERNON J. BAHM, 0000 *RYAN A. BRUNK, 0000 ROBERT L. BAILES, 0000 XAVIER T. BRUNSON, 0000 THE FOLLOWING NAMED OFFICER FOR APPOINTMENT DAVID E. BAILEY, 0000 *DERRICK B. BRYANT, 0000 TO THE GRADE INDICATED IN THE RESERVE OF THE AIR *WILLIAM E. BAILEY, 0000 JAMES A. BRYANT, 0000 FORCE UNDER TITLE 10, U.S.C., SECTION 12203: WILLIAM J. BAILEY, 0000 *JAMES B. BRYANT, 0000 CHRISTOPHER D. BAKER, 0000 *TONYA R. BRYANT, 0000 To be colonel SCOTT R. BAKER, 0000 HEATHER L. BRYN, 0000 RONALD J. BOOMER, 0000 *JEFFERY M. BALI, 0000 *SCOTT A. BRYSON, 0000 ANTONIO E. BANCHS, 0000 *GLEN J. BUCHERT, 0000 IN THE ARMY JEANNE E. BANKARD, 0000 JEFFREY S. BUCZKOWSKI, 0000 WILLIE T. BANKS, JR., 0000 MARK S. BUEHLMAN, 0000 THE FOLLOWING NAMED OFFICER FOR APPOINTMENT *CREIGHTON R. BARBER, 0000 *HAROLD A. BUHL, JR., 0000 IN THE UNITED STATES ARMY TO THE GRADE INDICATED JOHN C. BARBER, 0000 *JOHN J. BURBANK, 0000 UNDER TITLE 10, U.S.C., SECTION 624: KEITH A. BARCLAY, 0000 ANTHONY P. BURGESS, 0000 To be major general *MICHAEL T. BARKETT, 0000 *CHRISTOPHER T. BURGESS, 0000 JAMES C. BARLOW, 0000 *DANIEL S. BURGESS, 0000 BRIG. GEN. ANDERS B. AADLAND, 0000 MICHAEL R. BARNARD, 0000 JOHN E. BURGESS, 0000 *BRENT E. BARNES, 0000 EMMETT E. BURKE, 0000 THE FOLLOWING NAMED OFFICER FOR APPOINTMENT *ROBERT L. BARNES, JR., 0000 *MICHELLE BURKHART, 0000 IN THE UNITED STATES ARMY TO THE GRADE INDICATED ROY W. BARNES, 0000 JONATHAN M. BURNS, 0000 UNDER TITLE 10, U.S.C., SECTION 624: CHRISTOPHER J. BARRETT, 0000 TODD W. BURNS, 0000 To be major general *THOMAS D. BARRETT, 0000 *MAURENE F. BURROUGHS, 0000 NATHAN D. BARRICK, 0000 WILLIAM L. BURRUSS III, 0000 BRIG. GEN. JOHN T.D. CASEY, 0000 *ERIC A. BARTO, 0000 *BRENT D. BUSH, 0000 ROBERT L. BATEMAN III, 0000 MICHAEL J BUSH, 0000 THE FOLLOWING NAMED OFFICER FOR APPOINTMENT JONATHAN R. BATTLE, 0000 TIMOTHY W. BUSH, 0000 IN THE UNITED STATES ARMY TO THE GRADE INDICATED *GREGORY BAULDRICK, 0000 *MICHAEL P. BUSTEED, 0000 UNDER TITLE 10, U.S.C., SECTION 624: DENNIS J. BAY, 0000 *DAVIS L. BUTLER, 0000 To be major general *FRANCIS M. BEAUDETTE, 0000 JEFFREY A. BUTLER, 0000 *PAUL J. BECKER, 0000 KELLY B. BUTLER, 0000 BRIG. GEN. HANS A. VAN WINKLE, 0000 *STANLEY H. BECKFORD, 0000 RODNEY S. BUTLER, 0000 GREGORY P. BEDROSIAN, 0000 *ROBERT M. BUTTS, 0000 THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT DARREN W. BEHM, 0000 *JOSEPH M. BYERS, 0000 TO THE GRADE INDICATED IN THE RESERVE OF THE *CARL M. BELGRAVE, 0000 KEITH BYRD, 0000 ARMY UNDER TITLE 10, U.S.C., SECTION 12203: GEORGE S. BELIN, 0000 *THOMAS H. BYRD, 0000 To be colonel MICHAEL J. BELL, 0000 MATTHEW P. CADICAMO, 0000 RUTH BELLERIVE, 0000 *RONNIE K. CAIN, 0000 GARY A. BENFORD, 0000 DARREN G. OWENS, 0000 TIMOTHY E. BELLON, 0000 *TODD R. CALDERWOOD, 0000 STEPHEN L. DANNER, 0000 FRANCIS F. STROUSE, 0000 SCOTT R. BEMIS, 0000 MARK T. CALHOUN, 0000 DAVID M. DEARMOND, 0000 KENNETH A. YOUNKIN, 0000 *GREGORY BENDEWALD, 0000 STEVEN C. CALHOUN, 0000 DAVID N. DUNAGAN, 0000 KENNETH W. BENIGNO, 0000 *PATRICK M. CALLAHAN, 0000 AMY E. BENNETT, 0000 *TIMOTHY J. CALLAHAN, 0000 THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT ARNOLD A. BENNETT II, 0000 *ERICH G. CAMPBELL, 0000 TO THE GRADE INDICATED IN THE RESERVE OF THE JAMES T. BENSON, 0000 SHANA J. CAMPBELL, 0000 ARMY UNDER TITLE 10, U.S.C., SECTION 12203: DAVID C. BERG, 0000 STEPHEN A. CAPPS, 0000 To be colonel *SHAWN M. BERGQUIST, 0000 *SHAWN J. CARDELLA, 0000 *NICHOLAS O. BERNHARDT, 0000 MARK B. CARHART, 0000 DAVID A. COUCHMAN, 0000 WILLIAM N. DRAKE, JR., SCOTT J. BERTINETTI, 0000 THOMAS H. CARLISLE, 0000 TERRY J. DEJONG, 0000 0000 *JAMES A. BEST, 0000 HORACE R. CARNEY III, 0000

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RICHARD T. CARNEY, 0000 JAMES P. DELANEY, 0000 KEVIN J. FOWLER, 0000 *JEFFREY L. CARPENTER, 0000 *JOSE R. DELGADO, 0000 PETER C. FOWLER, 0000 *DONALD L. CARR, 0000 *WILLIAM DELGADO, 0000 ROXANNE M. FOX, 0000 JAY T. CARR, 0000 DAVID L. DELLINGER, 0000 ALFRED E. FRANCIS, 0000 MATTHEW R. CARRAN, 0000 DAVID B. DELMONTE, 0000 *GREGORY C. FRANKS, 0000 KELLY M. CARRIGG, 0000 RICHARD A. DELUDE II, 0000 ANDREW W. FRASER, JR., 0000 *DAVID D. CARTER, 0000 RICHARD A. DEMAREE, 0000 *PAUL H. FREDENBURGH, 0000 KENNETH R. CASEY, 0000 ANTHONY G. DEMARTINO, 0000 *IVORY M. FREEMAN, 0000 ROGER A. CASILLAS II, 0000 MICHAEL J. DEMPSEY, 0000 *REBECCA M. FREEZE, 0000 *TIMOTHY P. CASSIBRY, 0000 KEVIN M. DEREMER, 0000 MICHAEL G. FREIBURGER, 0000 *HAROLD P. CATES, 0000 STEPHAN A. DEVILLE, 0000 *OTIS C. FRENCH, JR., 0000 ROGER F. CAVAZOS, 0000 *GUY M. DEWEES, 0000 JOELLE C. FROHBIETER, 0000 CHARLES E. CHADBOURNE, 0000 *RUSSELL L. DEWELL, 0000 *ANTHONY M. FUNCHESS, 0000 *JOHN P. CHADBOURNE, 0000 BARRY C. DICKERSON, 0000 TOD C. FURTADO, 0000 TIMOTHY A. CHAFOS, 0000 MARK A. DICKSON, 0000 NORMAN H. FUSS III, 0000 *KIM A. CHANEY, 0000 FRANK J. DIEDRICK, 0000 *ROSS V. GAGLIANO, 0000 *BRYAN K. CHAPMAN, 0000 DAVID D. DILKS, 0000 *JEAN R. GAIENNIE, JR., 0000 *DAVID K. CHAPMAN, 0000 *ANTHONY C. DILL, 0000 PAUL B. GALE II, 0000 JANET L. CHAPMAN, 0000 JEFFREY D. DILLEMUTH, 0000 MICHAEL P. GALLAGHER, 0000 *CARLTON S. CHAPPELL, 0000 *ROBERT N. DILLON, 0000 JESSE D. GALVAN, 0000 JAMES F. CHAPPLE, 0000 *ERIC J. DINDIA, 0000 DORIS L. GARCIA, 0000 *CURTIS CHARLESTON, 0000 DAVID W. DINGER, 0000 *ROBERT A. GARDNER, JR., 0000 *ANTHONY R. CHAVEZ, 0000 ROBERT A. DIONISIO, 0000 RICHARD GARLAND, JR., 0000 *CHRISTOPHER K. CHESNEY, 0000 MANUEL C. DIWA, 0000 MARK W. GARRETT, 0000 *DAVID W. CHESTERMAN, 0000 ALAN M. DODD, 0000 CHRISTOPHER C. GARVER, 0000 RONALD CHILDRESS, JR., 0000 ANDREW D. DOEHRING, 0000 *LOYE W. GAU, 0000 RICHARD A. CHISM, 0000 WADE R. DOENGES, 0000 *NORMAND A. GAUTHIER, 0000 SONG S. CHOI, 0000 *JAMES W. DOEPP, JR., 0000 TIMOTHY J. GAUTHIER, 0000 *KIP M. CHOJNACKI, 0000 IGNATIUS M. DOLATA, JR., 0000 JAMES A. GAVRILIS, 0000 JAMES K. CHOUNG, 0000 *CARLOS V. DOMINGUEZ, 0000 *TERESA M. GEDULDIG, 0000 KEVIN J. CHRISTENSEN, 0000 CHRISTOPHER J. DONIEC, 0000 *WILLIAM A. GEIGER, 0000 *DAVID A. CHRISTIE, 0000 MICHAEL E. DONNELLY, 0000 DONALD F. GENTLES, 0000 JENNIFER C. CHRONIS, 0000 SHARLENE J. DONOVAN, 0000 ALPHONSO GENTRY, 0000 JEFFREY D. CHURCH, 0000 DONNA M. DORMINEY, 0000 DAVID A. GEORGE, 0000 JOHN E. CLADY II, 0000 *JOHN F. DOWNEY, 0000 JOHN M. GEORGE, 0000 CHADWICK W. CLARK, 0000 *ROBERT H. DOYLE, JR., 0000 LOYD A. GERBER, 0000 JAMES L. CLARK, 0000 DANIEL E. DREW, 0000 *AXEL A. GEREDAPEREZ, 0000 *JOSEPH M. CLARK, 0000 *MARLEAN C. DRUCE, 0000 CHRISTOPHER J. GERVAIS, 0000 *WILLIAM J. CLARK, 0000 *JEFFREY W. DRUSHAL, 0000 PIERRE D. GERVAIS, 0000 ALAN B. CLAYTON, 0000 *RICHARD L. DUBREUIL, 0000 LOUIS C. GIAMMATTEO, 0000 ANDREW T. CLEMENTS, 0000 *DARRELL DUCKWORTH, 0000 *ANTHONY J. GIANOPULOS, 0000 CHARLES H. CLEVELAND, 0000 *THOMAS H. DUFFY, 0000 *KENNETH C. GILL, 0000 *KEVIN M. COAKLEY, 0000 *DANNY A. DULAY, 0000 *ELUYN GINES, 0000 *MICHAEL J. COBB, 0000 JOHN D. DUMOND, 0000 *PETER C. GIOTTA, 0000 CHARLES COBBS III, 0000 *RODNEY A. DUNHAM, 0000 BRYANT D. GLANDO, 0000 *DANIEL D. COCKERHAM, 0000 ERNEST L. DUNLAP, JR., 0000 CYNTHIA A. GLENISTER, 0000 TONY COE, 0000 JOHN F. DUNLEAVY, 0000 EARL R. GLOVER, 0000 *DAVID S. COFFEY, 0000 *LARRY P. DUNN, 0000 GREGORY W. GLOVER, 0000 *DWAYNE M. COFFMAN, 0000 *JOSEPH P. DUPONT, 0000 *FREDERICK V. GODFREY, 0000 BRIAN COLE, 0000 KEVIN L. DURBIN, 0000 KIRK W. GOHLKE, 0000 WALTER P. COLE, 0000 MICHAEL W. DURHAM, 0000 *MARIA G. GOINS, 0000 *JOSEPH P. COLEBAUGH, 0000 *DAVID C. DUSTERHOFF, 0000 *JOE M. GOLDEN, JR., 0000 RAYMOND K. COMPTON, 0000 *ROBERT A. DUTCHIE, 0000 STUART P. GOLDSMITH, 0000 DARIN S. CONKRIGHT, 0000 MICHAEL J. DUTCHUK, 0000 *LORRI A. GOLYA, 0000 JAMES W. CONRAD, JR., 0000 KENNETH J. DUXBURY, 0000 BARBARA J. GOMOLL, 0000 GREGORY J. CONTI, 0000 *WALTER M. DUZZNY, 0000 GEORGE W. GONAS, 0000 JOHN A. CONWAY, 0000 JOSEPH J. DWORACZYK, 0000 *GREGORY A. GONDECK, 0000 JOHN P. CONWAY, 0000 MICHAEL W. ECCLESTON, 0000 *MATTHEW G. GOODMAN, 0000 MICHAEL J. CONWAY, 0000 ADRIENNE M. ECKSTEIN, 0000 *MATTHEW D. GOODRICH, 0000 *JOHNNY COOK, 0000 ROLAND M. EDWARDS, 0000 WILLIAM J. GOODRICH, 0000 PAUL J. COOK, 0000 RONALD D. EDWARDS, 0000 MARK V. GRABSKI, 0000 STEVEN A. COOK, 0000 MARGARET J. EGAN, 0000 BARRY F. GRAHAM, 0000 TERRY P. COOK, 0000 *CHARLES B. ELDREDGE, 0000 *GORDON L. GRAHAM, 0000 *JEFFREY R. COOPER, 0000 MARK B. ELFENDAHL, 0000 WILLIAM P. GRAHAM, 0000 BRIAN K. COPPERSMITH, 0000 MATTHEW G. ELLEDGE, 0000 CHRISTOPHER T. GRANFIELD, 0000 *JAMES M. CORCORAN, 0000 *HAYES G. ELLIS, 0000 DAVID W. GRAUEL, 0000 *JOSEPH R. CORLETO, 0000 *KRISTIN A. ELLIS, 0000 *MARK A. GRAZDAN, 0000 *REGINALD W. COTTON, 0000 *RICHARD A. ELLIS, 0000 MARK N. GRDOVIC, 0000 *SUSAN L. COVELL, 0000 *ROBERT A. ELMORE, 0000 *JOHN G. GREAVES, 0000 CLEMENT S. COWARD, JR., 0000 CHARLES J. EMERSON, JR., 0000 *ANTHONY L. GREEN, 0000 BRIAN M. COX, 0000 *RICKY N. EMERSON, 0000 PAUL G. GREEN, 0000 RICHARD D. CREED, JR., 0000 NELSON L. EMMONS, JR., 0000 STEPHEN J. GREEN, 0000 *STEVEN L. CREIGHTON, 0000 MATTHEW L. ENGLAND, 0000 RICHARD G. GREENE, JR., 0000 PHILIPPE J. CRETTOL, 0000 *WAYNE E. EPPS, 0000 *WILLIAM N. GREENE, 0000 JAMES R. CRIDER, 0000 *DAREN A. EPSTEIN, 0000 *LEVY L. GREENHOWELL, 0000 RICARDO CRISTOBAL, 0000 BRUCE A. ESTOK, 0000 *THOMAS W. GREENWALD, 0000 *JOHN M. CROSBY, 0000 CARMEN N. ESTRELLA, 0000 DARRELL R. GREGG, JR., 0000 JOEL R. CROSS, 0000 TROY A. FABER, 0000 *KEVIN F. GREGORY, 0000 *DENNIS V. CRUMLEY, 0000 WILLIAM L. FADDIS, 0000 *CHRISTOPHER P. GRELL, 0000 *JOHN B. CRUMP, 0000 GARY C. FAHRNI, 0000 *SHAWN P. GRESHAM, 0000 PHILLIP R. CUCCIA, 0000 DARRELL L. FAIRLEIGH, 0000 *BRUCE E. GRIGGS, 0000 DIANE T. CUMMINSLEFLER, 0000 JOHN J. FARIA, 0000 *KEITHON C. GRIGSBY, 0000 *JOHN S. CUNNINGHAM, 0000 *DAVID M. FARLEY, 0000 ADAM R. GRIJALBA, 0000 *JOHN F. CURLEY, 0000 *DERRICK B. FARMER, 0000 *JOHN P. GRIMES, 0000 *ROBERT W. CURRAN, 0000 NATHANIEL W. FARMER, 0000 CHARLES E. GRINDLE, 0000 STEPHAN J. CURRENCE, 0000 ADRIAN R. FARRALL, 0000 WALTER M. GRISSOM III, 0000 TODD V. CURTIS, 0000 *DOUGLAS M. FARRIS, 0000 *ZULMA I. GUERRERO, 0000 GREGORY A. DADDIS, 0000 SHERRI A. FARRIS, 0000 TERRY A. GUILD, 0000 *GERALD M. DAILEY, 0000 GARRETT P. FAWAZ, 0000 *JEFFREY S. GULICK, 0000 *PATRICK J. DAILEY, 0000 *DANIEL R. FEEMSTER, 0000 *JOHN S. GUMPF, 0000 *GERALD N. DAMRON, 0000 *JOSUWAY FERGUSON, 0000 LEIF W. GUNHUS, 0000 *ALIRA L. DANAHER, 0000 MATTHEW D. FERGUSON, 0000 *GORDON D. GUTHRIE, 0000 *TIMOTHY E. DANAHER, 0000 *MATTHEW J. FERGUSON, 0000 *STAN M. GUTHRIE, 0000 BRUCE O. DANIEL, 0000 NORMAN K. FERNAAYS, 0000 OMAR F. GUTIERREZ, 0000 *PATRICK L. DANIEL, JR., 0000 BRIAN R. FESER, 0000 *PATRICK A. GUZMAN, 0000 *JAMES L. DANIELS, 0000 *JOHN D. FICKEL, 0000 ROBERT A. GWINNER III, 0000 MARTIN J. DANNATT, 0000 DONALD P. FIELDS, JR., 0000 COLL S. HADDON, 0000 DAVID S. DANNER, 0000 VICTOR FIGUEROACOLON, 0000 PAUL T. HAENLE, 0000 STEPHEN A. DANNER, 0000 PAUL J. FINKEN, 0000 *ALLEN L. HAINES, 0000 CHRISTOPHER D. DARE, 0000 MARK D. FINLEY, 0000 *ROBERT B. HAINES, 0000 *LOREN J. DARMOFAL, 0000 NATALIE E. FINLEY, 0000 *TIMOTHY M. HALE, 0000 *MICHAEL R. DARROW, 0000 *ROBERT M. FINNEGAN, 0000 *JOSEPH G. HALISKY, 0000 DOUGLAS D. DATKA, 0000 JEFFREY G. FISHACK, 0000 ARTHUR L. HALL III, 0000 KIMBERLY J. DAUB, 0000 ROBERT L. FISHER, 0000 BILLY V. HALL II, 0000 TROY A. DAUGHERTY, 0000 *WILLIAM L. FISKE, 0000 *DOUGLAS J. HALL, 0000 MICHAEL N. DAVEY, 0000 JOHN E. FITZGERALD IV, 0000 MARK M. HALL, 0000 *JOSEPH D. DAVIDSON, 0000 KEITH A. FLAIL, 0000 PATRICK D. HALL, 0000 *GERALD R. DAVIS, JR., 0000 *NATHANIEL FLEGLER, JR., 0000 THOMAS S. HALL, 0000 JENNY W. DAVIS, 0000 ANTONIO M. FLETCHER, 0000 JOHN W. HALLAM, JR., 0000 THOMAS A. DAVIS, 0000 ROBERT B. FLOERSHEIM, 0000 JOEL E. HAMBY, 0000 DARRELL K. DAY, 0000 SAMUEL A. FLOYD III, 0000 JOHN S. HAMILTON, 0000 *THOMAS A. DEAKINS, 0000 *TROY D. FODNESS, 0000 GEORGE S. HAMONTREE III, 0000 *MARK M. DEAN, 0000 THOMAS H. FOLSE, 0000 ERIC D. HANDY, 0000 *CHARLES P. DEASE, 0000 *ANDAMO E. FORD, 0000 RICHARD R. HANES, 0000 BRANDT H. DECK, 0000 MICHAEL J. FORSYTH, 0000 *KEITH F. HANLEY, 0000 JOHN D. DECK, 0000 ROBERT A. FORTE, 0000 ROBERT M. HANLEY, 0000 JERRY W. DEJARNETT, 0000 *WESLEY FOSTER, 0000 *FREDRICK J. HANNAH, 0000

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TIMOTHY E. HANNON, 0000 GREGORY R. JICHA, 0000 *MICHAEL P. LEFEBVRE, 0000 *DIANA M. HANSEN, 0000 CHRISTOPHER B. JOHNSON, 0000 DAVID A. LEINBERGER II, 0000 JAMES R. HANSON IV, 0000 CHRISTOPHER S. JOHNSON, 0000 *GUY A. LEMIRE, 0000 *JOHN T. HANSON, JR., 0000 ERIC M. JOHNSON, 0000 *THEODORE M. LENNON, 0000 JOSEPH P. HANUS, 0000 *JOHNNIE L. JOHNSON, 0000 KEVIN L. LEONARD, 0000 COLIN C. HANZLIK, 0000 *KEVIN A. JOHNSON, 0000 *PERRY R. LEONARD, 0000 BRADLEY HARDER II, 0000 MELANIE L. JOHNSON, 0000 DAVID A. LESPERANCE, 0000 STEPHEN L. HARDY, 0000 MICHAEL C. JOHNSON, 0000 *CHRISTOPHER LESTOCHI, 0000 *WAYNE E. HARDY, 0000 MICHAEL D. JOHNSON, 0000 JOEL J. LEVESQUE, 0000 MARY F. HARKIN, 0000 *MORDECAI C. JOHNSON, 0000 DAVID S. LEVINE, 0000 WILLIAM T. HARMON, 0000 JOEL S. JOHNSTON, 0000 *JAMES C. LEWIS, 0000 *DAVID W. HARRIMAN, 0000 EDWARD R. JOLLEY, 0000 MICHAEL A. LEWIS, 0000 *LOUIS L. HARRIS, 0000 *CRAIG A. JONES, 0000 MICHAEL T. LEWIS, 0000 *RANDALL L. HARRIS, 0000 *DAVID E. JONES, 0000 MICHAEL J. LICATA, 0000 *JOHN M. HARRISON, 0000 *JAMES E. JONES, 0000 *LELAND A. LIEBE, 0000 *JOE L. HART, JR., 0000 JEFFREY A. JONES, 0000 BLAISE P. LIESS, 0000 ERIC S. HARTER, 0000 JOHN R. JONES, 0000 *STEWART W. LILES, 0000 GEORGE R. HARVEY IV, 0000 JOHN W. JONES, 0000 *MICHAEL T. LILLEY, 0000 *ROBERT L. HATCHER, JR., 0000 KENT T. JONES, 0000 REYNOLDS J. LILLIBRIDGE, 0000 *DAVID A. HATER, 0000 LLOYD C. JONES III, 0000 *KARL E. LINDQUIST, 0000 *RANDOLPH G. HAUFE, 0000 *MICHEL G. JONES, 0000 ANDREW J. LIPPERT, 0000 MICHAEL T. HAUSER, 0000 ROBERT A. JONES, 0000 THOMAS E. LIPPERT, 0000 RANDALL I. HAWS, 0000 *STANLEY R. JONES, JR., 0000 *JEFFERY D. LIVINGSTON, 0000 ROBERT J. HAYDEN IV, 0000 WILLIAM D. JONES III, 0000 *CARLOS M. LIZARDI, 0000 *JOHN M. HAYNICZ, 0000 *JOHN E. JORDAN, 0000 BRENDA K. LLOYD, 0000 TIMOTHY P. HEALY, 0000 *JOSEPH R. JORDAN, 0000 *LAURENCE C. LOBDELL, 0000 JAMES J. HEATHER, 0000 *JOSEPH W. JURKOVAC, 0000 *TROY A. LOEB, 0000 *ALBERT J. HEDEEN, 0000 *DAVID M. KACZMARSKI, 0000 *MICHAEL S. LOFTON, 0000 SCOTT W. HEINTZELMAN, 0000 *BETH J. KALB, 0000 ANDREW D. LOHMAN, 0000 *TIMOTHY C. HEINZE, 0000 DAVID J. KALB, 0000 *JONATHAN D. LONG, 0000 PAUL E. HELMS, 0000 DAVID J. KAMMEN, 0000 SCOTT P. LOPEZ, 0000 *KRISTI L. HELTON, 0000 KENNETH L. KAMPER, 0000 *THOMAS A. LOPEZ, 0000 CHARLES A. HEMPHILL, 0000 *KHALIL F. KARADSHI, 0000 ARTUR M. LOUREIRO, 0000 DALE L. HENDERSON, 0000 MARK M. KARAS, 0000 CHRISTOPHER J. LOVE, 0000 KEVIN D. HENDRICKS, 0000 BRYAN F. KARINSHAK, 0000 *NICOLAS J. LOVELACE, 0000 TODD M. HENRY, 0000 MATTHEW G. KARRES, 0000 *JOHN M. LOWE, 0000 WILLIAM D. HENSON, 0000 *CHRISTIAN M. KARSNER, 0000 PETER P. LOZIS III, 0000 *ROBERT L. HERENDEEN, 0000 ROGER F. KASHANINEJAD, 0000 ALEX P. LUCAS III, 0000 MATTHEW S. HERGENROEDER, 0000 DENNIS K. KATER, 0000 *WILLIAM A. LUKASKIEWICZ, 0000 DARYLE J. HERNANDEZ, 0000 *NICHOLAS W. KATERS, 0000 MARK D. LUKER, 0000 TODD J. HERON, 0000 *LARRY A. KATHREIN, 0000 *SON H. LUU, 0000 DAVID R. HERRIN, 0000 *AUSTIN KEATON, JR., 0000 MICHAEL R. LWIN, 0000 GLENN E. HERRIN, 0000 *SEAN A. KEENAN, 0000 *TRENTON J. LYKES, 0000 *JACQUELINE W. HESS, 0000 *TIMOTHY F. KEHOE, 0000 WILLIAM H. LYNCH, JR., 0000 *TODD A. HEUSSNER, 0000 *ROBERT F. KEITH, 0000 CAROLYN S. LYNN, 0000 *ELIZABETH M. HIBNER, 0000 RONALD L. KELLAR, 0000 MARK G. MAC GREGOR, 0000 KEVIN C. HICKS, 0000 LISA M. KELLER, 0000 THOMAS J. MACKEY, 0000 JAMES M. HIGGINS, 0000 THOMAS D. KELLER, 0000 *LOUANNE L. MADDOX, 0000 TOMMY R. HIGGINS, 0000 ROBERT L. KELLEY, JR., 0000 WILLIAM B. MADDOX, 0000 CYNTHIA A. HILL, 0000 *DANIEL D. KELLY, 0000 *MICHAEL F. MAEDO, 0000 DAVID C. HILL, 0000 MARK B. KELLY, 0000 MICHAEL F. MAHONY, 0000 RONALD E. HILL, 0000 *DAVID A. KEMMERER, 0000 *JEFFREY F. MALLOY, 0000 *STEVEN D. HILL, 0000 KEVIN E. KENNEDY, 0000 VINCENT F. MALONE II, 0000 *JACQUELINE A. HILLIANCRAIG, 0000 STEPHEN D. KENNEDY, 0000 MICHAEL J. MAMMAY, 0000 *GARY B. HILMES, 0000 ROBERT W. KETCHUM, 0000 STEPHEN C. MANNELL, JR., 0000 MARK A. HINDS, 0000 TERRY P. KEY, 0000 KENNETH R. MANNING, 0000 *JOHN C. HINRICHS, 0000 *TODD E. KEY, 0000 JENNIFER J. MANZO, 0000 *DAVID F. HINZMAN, 0000 JUSTIN E. KIDD, 0000 JAMES C. MARKERT, 0000 *STEVEN L. HITE, 0000 MARTHA E. KIENE, 0000 *DAVID A. MARKOWSKI, 0000 JOSEPH K. HITT, 0000 *CRAIG W. KILEY, 0000 ERIC D. MARRATTA, 0000 *JOHN B. HIXON, 0000 HAIMES A. KILGORE, 0000 ALFRED MARRON, 0000 *BRADLEY A. HOCEVAR, 0000 *LOUIS S. KILMON, JR., 0000 *EDGAR A. MARSHALL, 0000 WILLIAM A. HODGES, 0000 *DAVID T. KIM, 0000 PATRICK M. MARSHALL, 0000 ANTHONY J. HOFMANN, 0000 JOHN S. KIM, 0000 *TED L. MARTENS, 0000 *DARREN S. HOLBROOK, 0000 ROBERT S. KIMBROUGH, 0000 RANDY A. MARTIN, 0000 JEFFREY R. HOLCOMB, 0000 *MICHAEL K. KINARD, 0000 *MICHAEL E. MASLEY, 0000 BRUCE B. HOLLAND, JR., 0000 *DANIEL J. KING, 0000 *BRENDA F. MASON, 0000 *GEORGE A. HOLLAND, JR., 0000 ROBERT E. KING, 0000 *MELINDA M. MATE, 0000 JAMES P. HOLLEY, II, 0000 ROBERT D. KIRBY, 0000 JOHN W. MATLOCK, JR., 0000 CHARLEY D. HOLSTEIN, JR., 0000 DANIEL K. KIRK III, 0000 *BENJAMIN M. MATTHEWS, 0000 CLAYTON H. HOLT, 0000 DOUGLAS J. KISER, 0000 JOHN C. MATTHEWS, 0000 TIMOTHY J. HOLTAN, 0000 *COYEA E. KIZZIE, 0000 WILLIAM B. MATTHEWS, 0000 *ROBERT K. HOLZHAUER, 0000 HEINO KLINCK, 0000 BERTHA MAXIE, 0000 *LARRY L. HOMAN, 0000 LEONA C. KNIGHT, 0000 ANGELA E. MAXNER, 0000 MICHAEL A. HOMER, 0000 MERRELL D. KNIGHT, JR., 0000 *JAMES T. MAYER, 0000 *KENNETH R. HOOK, 0000 CARL D. KNOTTS, 0000 DARIEL D. MAYFIELD, 0000 *JOHN D. HOPSON, 0000 BERNARD F. KOELSCH, 0000 FERNANDO J. MAYMI, 0000 JOSEPH S. HORAB, 0000 JOHN S. KOLASHESKI, 0000 KEVIN M. MC ALLISTER, 0000 GARTH M. HORNE, 0000 ROBERT M. KOLB, 0000 *WILLIAM MC CLOSKEY, 0000 *ROBERT H. HOSS, 0000 STEPHEN J. KONECNY, 0000 *DENISE I. MC CLURE, 0000 TERRENCE L. HOWARD, 0000 *DAVID A. KONTNY, 0000 *KENDRICK W. MC CORMICK, 0000 MIGUEL D. HOWE, 0000 *JOHN Y. KORNMAN, 0000 BRIAN T. MC COY, 0000 JAMES W. HOWELL, JR., 0000 *WILLIAM M. KRAHLING, 0000 SHANNON J. MC COY, 0000 *DAVID HUDAK, 0000 ANN K. KRAMARICH, 0000 SCOTT E. MC CULLOCH, 0000 RICK L. HUESTON, 0000 CAMERON A. KRAMER, 0000 BRIAN R. MC CULLOUGH, 0000 JOHN C. HUGGINS, 0000 JUDITH M. KRAUSE, 0000 *BROWN D. MC DERMOTT, 0000 DIANA M. HUGHES, 0000 *KATHLEEN S. KRAVITZ, 0000 *DAVID F. MC FADDEN, 0000 *KEITH W. HUNT, 0000 JOSEPH G. KREBS, JR., 0000 JOSEPH P. MC GEE, 0000 *VINCENT D. HUNTER, 0000 TROY D. KRINGS, 0000 KIMBERLY S. MC GEE, 0000 *ANN M. HUNTINGTON, 0000 *DUANE L. KRISTENSEN, 0000 *HUGH M. MC GLOIN, 0000 *TERRY L. HURLEY, 0000 *MATTHEW KRISTOFF, 0000 CHAD A. MC GOUGAN, 0000 HEYWARD G. HUTSON, 0000 *ERIC J. KRUGER, 0000 *DANIEL C. MC GUFFEY, 0000 JAMES E. ILLINGWORTH, 0000 *MARK A. KRZECZOWSKI, 0000 *ROBERT A. MC GUIRE, JR., 0000 *PETER S. IM, 0000 CHRISTIAN T. KUBIK, 0000 OWEN E. MC KAY IV, 0000 *JOSEPH M. IMORDE, JR., 0000 PHILIP KWONG, 0000 DENNIS S. MC KEAN, 0000 *JERRY L. IVESTER, 0000 *ALAN D. LABORWIT, 0000 *ANNE M. MC KENNA, 0000 *TERRY A. IVESTER, 0000 *JOSEPH E. LADNER, 0000 *TROY D. MC KEOWN, 0000 ROBERT G. IVY, 0000 *DAVID A. LAGRAFFE, 0000 *ANTONIO MC KOY, 0000 *FELICIA L. JACKSON, 0000 *ROBERT A. LAIDLAW, 0000 JOSEPH S. MC LAMB, 0000 *HUGO JACKSON, 0000 TODD F. LAMB, 0000 EDWARD L. MC LARNEY, 0000 MARK A. JACKSON, 0000 *CHRISTOPHER J. LANDFRIED, 0000 SCOTT A. MC LAUGHLIN, 0000 RANDLE K. JACKSON, 0000 JOHN K. LANGE, 0000 DEBORAH L. MC MANIGAL, 0000 *RENE JACKSON, JR., 0000 *EDWARD A. LANGWINSKI, 0000 *STANLEY D. MC MILLIAN, 0000 *TONIE D. JACKSON, 0000 JOHN S. LASKODI, 0000 RONALD W. MC NAMARA, 0000 *VALERIE D. JACKSON, 0000 JONATHAN D. LAU, 0000 BRUCE B. MC PEAK, 0000 DOUGLAS E. JACOBSON, 0000 LESTER A. LAYMAN, 0000 WILLIAM E. MC RAE, 0000 *JACQUELIN JACOCKSCREVECOEUR, 0000 *BRUCE E. LEAHY, 0000 *MICHAEL R. MC SWEENEY, 0000 GREGORY M. JAKSEC, 0000 TIMOTHY J. LEAKE, 0000 *DOUGLAS D. MC VEY, 0000 GREGORY K. JAMES, 0000 KYLE E. LEAR, 0000 EDWARD A. MEAD, 0000 SELWYN R. JAMISON, 0000 DONALD W. LEATH, 0000 *JEFFREY L. MEEKER, 0000 VERNON L. JAMISON, 0000 EMORY B. LEATHERMAN IV, 0000 LESLIE A. MEHALL, 0000 *JOHN M. JAMKA, 0000 WILLIAM M. LEDBETTER, 0000 *SCOTT L. MEIER, 0000 *NANCY W. JEANLOUIS, 0000 SIOBAN J. LEDWITH, 0000 *ROBERT A. MENDEL, 0000 RICKY R. JEFFERSON, 0000 ERNEST C. LEE, 0000 CORY A. MENDENHALL, 0000 BRETT C. JENKINSON, 0000 MARC A. LEE, 0000 *ROBERT L. MENTI, 0000 *RAYMOND P. JENSEN, JR., 0000 RICHARD D. LEE, JR., 0000 GENE D. MEREDITH, 0000 *LAFONDA F. JERNIGAN, 0000 SEUNG J. LEE, 0000 MARK L. MERRELL, 0000

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JOHN W. MERRIHEW, 0000 *CHARLES N. PARKER, JR., 0000 *JASON W. ROBBINS, 0000 MATTHEW T. MICHAELSON, 0000 *DANIEL J. PARKER, 0000 KENNETH L. ROBERTSON, 0000 JEFFREY L. MILHORN, 0000 STEVEN L. PARKER, 0000 WALTER R. ROBERTSON, 0000 *PAUL W. MILLARD, 0000 *KENNETH W. PARKS, 0000 BORIS G. ROBINSON, 0000 ERIC N. MILLER, 0000 *LEON F. PARROTT, 0000 KELVIN L. ROBINSON, 0000 HERMAN K. MILLER, 0000 *ROBIN E. PARSONS, 0000 *LAWRENCE H. ROBINSON, 0000 MARK A. MILLER, 0000 *DAVID M. PARTRIDGE, 0000 *WILLIE E. ROBINSON, 0000 *MONICA M. MILLER, 0000 CRAIG A. PASKE, 0000 HAZEL A. RODGERS, 0000 *RALPH E. MILLER, 0000 *JEFFREY S. PASQUINO, 0000 MICHAEL RODIS, 0000 THEODORE C. MILLER, 0000 DENNIS N. PASTORE, 0000 GEORGE RODRIGUEZ, 0000 *THOMAS E. MILLER, 0000 PETER K. PATACSIL, 0000 *RENE R. RODRIGUEZ, 0000 DAVID B. MILLNER, 0000 BRIAN A. PATTERSON, 0000 ANGIE RODRIGUEZSMITH, 0000 STEPHEN T. MILTON, 0000 *CHRISTOPHER A. PATTERSON, 0000 EVERETT B. ROGERS III, 0000 *MATTHEW C. MINGUS, 0000 DONALD M. PATTON, 0000 *JAMES M. ROGERS, 0000 *HOWARD T. MINNERS, 0000 *MICHAEL S. PATTON, 0000 *STEPHEN M. ROGERS, 0000 STEVEN M. MISKA, 0000 WILLIAM E. PAYNE, 0000 ANDREW M. ROHLING, 0000 *JONATHON R. MOELTER, 0000 *JOHN J. PEACHER, 0000 WILLIAM ROLDANPAGAN, 0000 KEVIN J. MOFFETT, 0000 *TERRANCE S. PEARSON, 0000 JAMES S. ROMERO, 0000 *DAVID M. MOLAISON, 0000 WILLIAM R. PEASTER, 0000 ROBERT W. ROOKER, 0000 *STEPHEN B. MOLSEED, 0000 GERRITT F. PECK, 0000 *RICHARD G. ROOS, 0000 RICHARD J. MONAHAN, JR., 0000 *MARK W. PEED, 0000 THOMAS H. ROSELIUS, 0000 DANIEL R. MONSIVAIS, 0000 *KEVIN S. PEEL, 0000 GARY A. ROSENBERG, 0000 MANUEL A. MONTALVOCASABLANCA, 0000 WILLIAM Z. PENN, JR., 0000 PAUL H. ROSS, 0000 ARMIDA MONTEMAYOR, 0000 ALLAN M. PEPIN, 0000 CHRISTOPHER ROTH, 0000 RICHARD D. MONTIETH II, 0000 FRANCISCO C. PEREDA, 0000 *THOMAS J. ROTHWELL, 0000 *ROBERT P. MOONEY, JR., 0000 CARLOS PEREZ, JR., 0000 *JOSEPH F. ROYBAL, 0000 EDMUND W. MOORE III, 0000 *JOHN P. PERRIN, 0000 JAMES E. ROZZI, 0000 JAMES S. MOORE, JR., 0000 BRUCE PERRY, 0000 DAVID J. RUDE, 0000 *PASCAL F. MOORE, 0000 CHRISTOPHER D. PERRY, 0000 *ROBERT P. RUFFOLO, 0000 *PETER R. MOORE, 0000 *DANIEL P. PERRY, 0000 WALTER T. RUGEN, 0000 RICARDO O. MORALES, 0000 *LISA K. PERRYMAN, 0000 JAMES A. RUPKALVIS, 0000 JOHN M. MORGAN, 0000 ANDREW C. PETERS, 0000 *CHOUNCE E. RUSSELL, JR., 0000 MICHAEL D. MORGAN, 0000 *DALE G. PETERSEN, 0000 LAURA E. RUSSELL, 0000 DANIEL L. MORRIS, 0000 SCOTT A. PETERSEN, 0000 *SAMUEL L. RUSSELL, 0000 *DEBORAH S. MORRIS, 0000 *DANIEL J. PETERSON, 0000 MARTIN A. RYAN, 0000 CAROLYN J. MORRISON, 0000 *JOSEPH W. PETERSON, 0000 THOMAS G. RYAN, 0000 SCOTT A. MORRISON, 0000 EDWARD G. PETHAN, 0000 GREGORY L. RYCKMAN, 0000 MICHAEL T. MORRISSEY, 0000 KEVIN S. PETIT, 0000 LEE A. RYSEWYK, 0000 *DOUGLAS J. MORSE, 0000 JOHN P. PETKOSEK, 0000 LEE R. SALMON, 0000 *BRUCE D. MOSES, 0000 SALVATORE J. PETROVIA, 0000 MICHAEL J. SALUTO, 0000 ARIC W. MOSS, 0000 PAUL R. PFAHLER, 0000 *ROOSEVELT SAMUEL, SR., 0000 *JAMES A. MOSSER, 0000 *CARLTON B. PHELPS, 0000 *STEVEN R. SAMUELSON, 0000 BERNARD L. MOXLEY, JR., 0000 DONOVAN D. PHILLIPS, 0000 JEFFREY M. SANBORN, 0000 MARTY L. MUCHOW, 0000 MARK A. PHILLIPS, 0000 *RODERICK D. SANCHEZ, 0000 *DANIEL M. MULCAHY, 0000 SHAWN A. PHILLIPS, 0000 FRANK N. SANDERS, 0000 SEAN F. MULLEN, 0000 ERIC A. PHILLIPSON, 0000 RICHARD D. SANDERS, JR., 0000 *KEVIN J. MULVIHILL, 0000 *WILLIAM PIANKI, JR., 0000 THOMAS L. SANDS, JR., 0000 THOMAS W. MUNDELL, 0000 *RAYMOND D. PICKERING, 0000 GEORGE H. SARABIA, 0000 KATHERINE M. MURPHY, 0000 *STEVEN M. PIERCE, 0000 *ROBERT A. SAYRE, JR., 0000 KENNETH S. MURPHY, 0000 TIMOTHY J. PIKE, 0000 SCOTT L. SCALES, 0000 *MICHAEL J. MURPHY, 0000 STACY P. PILGREEN, 0000 CHRISTOPHER A. SCHIRNER, 0000 *THOMAS P. MURPHY, 0000 ALLEN M. PILGRIM, 0000 DANIEL E. SCHNOCK, 0000 TIMOTHY E. MURPHY, 0000 GEORGE S. PITT, 0000 *MARK R. SCHOENEMANN, 0000 DAVID L. MUSGRAVE, 0000 GEORGE O. PITTMAN II, 0000 *RICHARD G. SCHOLTES, 0000 *DUANE A. MYERS, 0000 DIRK E. PLANTE, 0000 CHARLES W. SCHRADER, 0000 *JOHN H. MYERS, 0000 BENNIE J. POKEMIRE I, 0000 CHARLES G. SCHRETZMAN, 0000 RONALD G. MYERS, 0000 ROBERT M. POLLOCK, 0000 BRADLEY W. SCHRIEWER, 0000 *YVETTA A. MYERS, 0000 *SHANNON G. POOL, 0000 ADAM J. SCHROEDER, 0000 KRISTINE V. NAKUTIS, 0000 *JEFFREY C. POWELL, 0000 *RICHARD A. SCHUENEMAN, 0000 *MICHELLE NASSAR, 0000 LEE A. POWELL, 0000 *DOUGLAS A. SCHUETZ, 0000 JOHN C. NELSON, 0000 JOHN S. PRAIRIE, 0000 MATTHEW B. SCHWAB, 0000 LYNDEL M. NELSON, 0000 NOEL N. PRATAP, 0000 ERIC E. SCHWEGLER, 0000 *MICHAEL B. NELSON, 0000 ALAN R. PREBLE, 0000 JOHN M. SCOTT, 0000 PAUL M. NELSON, 0000 *EDWARD C. PREM, 0000 *LANCE E. SCOTT, 0000 SCOTT NELSON, 0000 *STEPHEN W. PRESTON, 0000 *TORY L. SCOTT, 0000 DAVID M. NERO, 0000 DAVID A. PRIATKO, 0000 JOHN E. SEAMON, 0000 JONATHAN T. NEUMANN, 0000 ERIC R. PRICE, 0000 *JAMES F. SEARS, 0000 CHARLES E. NEWBEGIN, 0000 *JEFFREY R. PRICE, 0000 KIMBERLY J. SEBENOLER, 0000 MICHAEL W. NEWELL, 0000 CHRISTOPHER N. PRIGGE, 0000 *JEFFREY J. SECOR, 0000 THEODORE S. NEWMAN, 0000 *RAY E. PROSKE, 0000 THOMAS J. SEELIG, 0000 *THOMAS D. NEWMAN, 0000 JEFFREY S. PROUGH, 0000 MICHAEL J. SELF, 0000 *CHRISTOPHER B. NICHOLS, 0000 DONALD A. PRUEFER, JR., 0000 *ROGER E. SEVIGNY, 0000 SUZANNE C. NIELSEN, 0000 *THOMAS A. PUGH, 0000 *MARK C. SHADE, 0000 *PATRICK G. NIGL, 0000 *JAMES G. PULOS, 0000 JEFFREY SHANNAHAN, 0000 SHAWN M. NILIUS, 0000 RICHARD S. QUAGLIATA, 0000 *JAMES SHARP, 0000 GERALD NIXON, 0000 DOUGLAS L. RADDATZ, 0000 LISA A. SHAY, 0000 FRANK R. NOCERITO, 0000 CAREY W. RADICAN, 0000 *STEVEN W. SHEA, 0000 *KYLE P. NORDMEYER, 0000 MICHAEL P. RAGAN, 0000 JON E. SHEAR, 0000 ANGIE D. NORMAN, 0000 LOUIS B. RAGO II, 0000 *MARK L. SHEPARD, 0000 DERRICK J. NORMAN, 0000 MITCHELL L. RAMBIN, 0000 *SETH L. SHERWOOD, 0000 TIMOTHY P. NORTON, 0000 MICHAEL R. RAMIREZ, 0000 BURTON K. SHIELDS, 0000 GARTH R. NOTEL, 0000 *PRISCILLA RAMSEY, 0000 *DUKE C. SHIENLE, 0000 GREGORY T. NUMANN, 0000 *JON D. RANDEL, 0000 *THOMAS E. SHRADER, 0000 *BENJAMIN M. NUTT, 0000 *FRANK Y. RANGEL, JR., 0000 *DANIEL M. SHRIMPTON, 0000 *MICHAEL R. NYBERG, 0000 ANTHONY J. RANKINS, 0000 MICHAEL S. SHROUT, 0000 *PHILIP A. OAKLEY, 0000 *SHIRLEY T. RAPUES, 0000 JEROME T. SIBAYAN, 0000 *CARTER A. OATES, 0000 ROBERT A. RASCH, JR., 0000 *JOHN W. SILKMAN, 0000 *DAVID M. OBERLANDER, 0000 STEPHEN J. RASH, 0000 JEFFREY M. SILVASY, 0000 *DAVID A. O CONNELL, 0000 WILLIAM A. RASKIN, 0000 JOHN P. SILVERSTEIN, 0000 LAWRENCE P. O CONNELL, 0000 SCOTT J. RAUER, 0000 PHILIP H. SIMARD, 0000 MAUREEN J. O CONNOR, 0000 *EDWARD K. RAWLINS, 0000 *MARK T. SIMERLY, 0000 ANGELA M. ODOM, 0000 DAVID R. RAYMOND, 0000 MICHAEL D. SIMLEY, 0000 FRANK P. O DONNELL, 6078 *JOHN T. REAVES, 0000 *RICKY L. SIMMONS, 0000 FREDERICK M. O DONNELL, 9798 KENNETH A. RECTOR, 0000 KENNETH C. SIMPKISS III, 0000 WESLEY R. ODUM, JR., 0000 *SCOTT W. REDD, 0000 *JOHN R. SISARIO, 0000 *EUTEMIO R. OHNO, 0000 LARRY J. REDMON, 0000 *RODNEY E. SISSON, 0000 DAVID A. OKSENBERG, 0000 JAMES P. REESE, 0000 *WAYNE A. SKILL, 0000 WALTER S. OLENICK, 0000 STEVEN D. REHN, 0000 *DARRIN C. SKINNER, 0000 *TOMAS E. OLIVA, 0000 BRENTON E. REINHARDT, 0000 TIMOTHY D. SLUSS, 0000 DOUGLAS A. OLLIVANT, 0000 *ERIC T. REINKOBER, 0000 ALICIA G. SMITH, 0000 *PAUL B. OLSEN, 0000 BRETT E. REISTER, 0000 BRIAN N. SMITH, 0000 *CHRISTIAN B. OROURKE, 0000 *CARMEN M. REYESAGUAYO, 0000 CHRISTOPHER P. SMITH, 0000 *MARC A. ORR, 0000 JOHN W. REYNOLDS II, 0000 CLANNIE SMITH, 0000 JIMMY W. ORRICK, 0000 *RICHARD G. RHYNE, 0000 CORY R. SMITH, 0000 CHELSEA M. ORTIZ, 0000 *KEVIN R. RICE, 0000 *DANNY S. SMITH, 0000 WILLIAM B. OSTLUND, 0000 *DAVID A. RICHARDS, 0000 *DENNIS C. SMITH, 0000 TROY D. OTTO, 0000 *DUANE L. RICHARDS, 0000 *DERRICK J. SMITH, 0000 PAUL E. OWEN, 0000 *WARLINE S. RICHARDSON, 0000 *GORDIE A. SMITH, 0000 WILLIAM G. OXTOBY, 0000 ROBERT J. RICHTMYRE, 0000 MELODY D. SMITH, 0000 DOUGLAS L. OYLER, 0000 *JON K. RICKEY, 0000 *PHILIP J. SMITH, 0000 *MICHEAL V. PANNELL, 0000 *RALPH J. RIDDLE, 0000 *ROBERT M. SMITH, 0000 RICHARD P. PANNELL, 0000 *GIB S. RIGG, 0000 SHARON E. SMITH, 0000 JEFFERSON R. PANTON, 0000 KENNETH R. RIGGSBEE, 0000 WILLIAM J. SMITH, 0000 *DAVID H. PAPAS, 0000 *CHARLES C. RIMBEY, 0000 *ROY G. SNODGRASS, JR., 0000 *PAUL H. PARDEW, 0000 *GLORIA A. RINCON, 0000 *ADAM C. SNOW, 0000 ROBERT L. PARK, 0000 *ANDREW S. RING, 0000 *CRAIG T. SNOW, 0000 *AMY J. PARKER, 0000 LARRY R. RITTER, 0000 *LYNDA M. SNYDER, 0000

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*EUGENE SNYMAN, 0000 BRIAN L. THOMPSON, 0000 WILLIAM F. WHITE, 0000 KENT B. SOEBBING, 0000 GREG Z. THOMPSON, 0000 *DWIGHT D. WHITEHEAD, 0000 GREGG C. SOFTY, 0000 TOMMY G. THOMPSON, 0000 *SAMUEL E. WHITEHURST, 0000 MARK W. SOLOMON, 0000 *VINCENT D. THOMPSON, 0000 *GEORGE W. WHITMIRE, 0000 BENJAMIN O. SOLUM, 0000 WILEY C. THOMPSON, 0000 MATTHEW D. WHITNEY, 0000 *JAMES H. SOOS, 0000 *MICHAEL J. THURSTON, 0000 *ANTHONY K. WHITSON, 0000 MARGARET A. SOSINSKI, 0000 ERIC D. TILLEY, 0000 *MELVIN T. WHITTENBURG, 0000 SCOTT H. SOSSAMAN, 0000 JACQUELINE L. TILLOTSON, 0000 *ERIC R. WICK, 0000 NORMAN A. SOUCY, 0000 THOMAS H. TODD III, 0000 ANDREW B. WILFONG, 0000 ALLEN D. SOUKUP, 0000 *GLENN A. TOLLE, 0000 *PETER J. WILHELM, 0000 *KIRBY A. SPAIN, 0000 *JAMES K. TRAVER, 0000 ARTIE S. WILLIAMS, 0000 *WALTER W. SPANGLER, 0000 MARK D. TRIBUS, 0000 AUDLEY F. WILLIAMS, 0000 JAMES A. SPARKES, 0000 CRAIG A. TRISCARI, 0000 *BRIAN W. WILLIAMS, 0000 SCOTT A. SPARKS, 0000 *BONITA E. TROTMANARTIS, 0000 *CONNIE WILLIAMS, 0000 CHRISTOPHER S. SPEER, 0000 *DAVID A. TROUTMAN, 0000 *DERRIN E. WILLIAMS, 0000 JAMES W. SPENCE, JR., 0000 DAVID C. TRYBULA, 0000 *GORDON C. WILLIAMS, 0000 *NANCY SPENCER, 0000 PHILIP F. TULL, 0000 *KENNETH L. WILLIAMS, 0000 WILLIAM R. SPENGLER, 0000 *ROBERT W. TURK, 0000 BRIAN K. SPERLING, 0000 JOHN C. ULRICH, 0000 MAURICE L. WILLIAMS, 0000 *JAMES T. SPRACKLING, 0000 JAMES H. UTLEY II, 0000 *RICHARD L. WILLIAMS, 0000 *RICHARD D. SPRINGETT, 0000 *EDWARD T. UTZ, 0000 ROBERT R. WILLIAMS, 0000 JOHN P. STACK, JR., 0000 *DAVID T. VACCHI, 0000 RODNEY G. WILLIAMS, 0000 *JAMES B. STANFORD, 0000 *STEPHEN E. VALLEJOS, 0000 *RODNEY V. WILLIAMS, 0000 TERRAL J. STANLEY, 0000 MARK T. VANDEHEI, 0000 WILBURN C. WILLIAMS, JR., 0000 PETER J. STANONIK IV, 0000 *CHRISTOPHER S. VANEK, 0000 *JOHN B. WILLIS, 0000 LEONARD B. STAPLES III, 0000 SANDRA L. VANNOLEJASZ, 0000 MONTY L. WILLOUGHBY, 0000 JOSEPH E. STATON, 0000 MICHAEL J. VASSALOTTI, 0000 *RONALD P. WILMES, 0000 *THOMAS H. STAUSS, 0000 JOHN A. VERDUGO III, 0000 ISAIAH WILSON III, 0000 BETH T. STEELE, 0000 ALBERT W. VERHEYN, 0000 *DEAN F. WILT, 0000 *CLAIRE E. STEELE, 0000 *ALFREDO VERSOZA, 0000 *WAYNE S. WINEGLASS, 0000 DIANA J. STEELE, 0000 SCOTT A. VEZEAU, 0000 GORDON R. WINES, 0000 MICHAEL STEFANCHIK IV, 0000 GREG A. VIBBER, 0000 *GEORGE D. WINGFIELD, 0000 EDWARD J. STEIN, 0000 KEVIN A. VIZZARRI, 0000 WILLIAM T. WINKLBAUER, 0000 *LINDA V. STEINHOLTZ, 0000 *DONNA L. VOELKEL, 0000 GREGORY S. WINSTON, 0000 DANIEL S. STEMPNIAK, 0000 JONAS VOGELHUT, 0000 *WESLEY A. WINTERS, 0000 *DAMON E. STERN, 0000 MATTHEW J. VOITHOFER IV, 0000 *KEVIN J. WITHEE, 0000 *GEOFFREY D. STEVENS, 0000 KEVIN M. VOLK, 0000 *JOHN R. WITHERS, 0000 ROBERT W. STEVENS, 0000 JOHN G. VOORHEES, JR., 0000 *STEPHEN C. WONG, 0000 *JOHN H. STEVENSON, 0000 *NORMAN M. WADE, 0000 *ALAN D. WOODARD, 0000 *JOHN P. STEVES, 0000 *RODNEY K. WAGGONER, 0000 *JAMES A. WOODS, 0000 DEBRA L. STEWART, 0000 *ANTHONY Q. WALKER, 0000 *JEFFREY K. WOODS, 0000 ERIC W. STEWART, 0000 *DONALD L. WALKER, 0000 DOUGLAS D. WOOLLEY, 0000 LYNETTE M. STEWART, 0000 *ROBERT R. WALKER, 0000 *WILLIAM T. WORLEY, 0000 JASON L. STINE, 0000 *STEPHEN R. WALKER, 0000 DARRON L. WRIGHT, 0000 SCOT F. STINE, 0000 *WILLIAM E. WALKER, 0000 *GARY WRIGHT, 0000 *DAVID S. STOKES, 0000 KENNETH L. WALKINGTON, 0000 MICHAEL A. WRIGHT, 0000 MARTIN E. STOKES, 0000 CHRISTOPHER R. WALLACE, 0000 ROGER E. WRIGHT, 0000 CHARLES S. STONE, 0000 GORDON T. WALLACE, 0000 WILLIAM R. WYGAL, 0000 JAMES R. STONE, 0000 VINCENT M. WALLACE, 0000 JOHN P. WYMAN, 0000 *MARK W. STONE, 0000 CHARLES S. WALLS IV, 0000 *KEENAN B. WYNN, 0000 *ERIK L. STOR, 0000 JASON L. WALRATH, 0000 HAROLD P. XENITELIS, 0000 *HOWARD J. STOVER, 0000 JOSEPH P. WALSH, 0000 *PAUL H. YAGER, 0000 *STEVEN P. STOVER, 0000 WILLIAM A. WALSKI, 0000 LEAFAINA O. YAHN, 0000 *DOUGLAS A. STRAKA, 0000 *KAREN P. WALTERS, 0000 WADE S. YAMADA, 0000 *JACOB D. STRICKLAND, 0000 JAMES J. WALTON, 0000 EUGENE A. YANCEY III, 0000 *FREDERICK G. STROKER, 0000 GLENN A. WATERS, 0000 DENNIS W. YATES, 0000 SILKE C. STUTZ, 0000 DALE E. WATSON, 0000 EMMETT M. YATES, 0000 ADAM A. SUCH, 0000 JOHN R. WATSON, 0000 *HOWARD T. YATES, JR., 0000 TRENT M. SUKO, 0000 JONATHAN E. WATSON, 0000 RENEA C. YATES, 0000 BRUCE A. SULLIVAN, 0000 TIMOTHY F. WATSON, 0000 KRISTOPHER J. YERGER, 0000 PATRICK T. SULLIVAN, 0000 *GREGORY S. WAY, 0000 *HARRY M. YOCKEY, 0000 *TIMOTHY M. SULLIVAN, 0000 *DARRELL J. WEATHERFORD, 0000 *MARK A. YODER, 0000 FERN O. SUMPTER, 0000 *LARRY Q. WEAVER, 0000 BRENT A. YORK, 0000 DOUGLAS S. SUTTER, 0000 *ROBERT W. WEAVER, 0000 RICKY L. YOST, 0000 *DANIEL L. SVARANOWIC, 0000 THOMAS M. WEAVER, 0000 LELAND O. YOUNG, 0000 BRUCE R. SWATEK, 0000 *PAUL L. WEBBER, 0000 *STANLEY YOUNG, 0000 MAYNARD J. SWEENEY, JR., 0000 *CHRISTOPHER J. WEBER, 0000 MICHAEL YUSCHAK, 0000 NATHAN V. SWEETSER, 0000 CATHERINE D. WEBSTER, 0000 BRUCE W. ZARTMAN, 0000 *KEITH J. SYLVIA, 0000 *FLORIAN M. WEBSTER, 0000 *JORGE E. ZEQUEIRA, 0000 TIMOTHY J. TALONE, 0000 ROBERT W. WEBSTER, 0000 KARL D. ZETMEIR, 0000 *RANDY G. TATE, 0000 ALICIA G. WEED, 0000 DANIEL J. ZIMMERMAN, 0000 *HORATIO S. TAVEAU, 0000 ARTHUR G. WEEKS I, 0000 PETER J. ZIOMEK, 0000 *DONALD P. TAYLOR, JR., 0000 *NORMAN G. WEEKS, 0000 *MICHAEL P. ZRIMM, JR., 0000 *MICHEAL D. TAYLOR, 0000 MICHAEL K. WEGLER, 0000 MARTIN A. ZYBURA, 0000 *THOMAS R. TAYLOR, 0000 STEVEN R. WEIK, 0000 X379 *VINCENT X. TELFARE, 0000 DEAN M. WEILER, 0000 JON E. TELLIER, 0000 WILLIAM B. WELSH, 0000 IN THE MARINE CORPS BRIAN J. TEMPEST, 0000 *DARREN L. WERNER, 0000 KIRA M. TERHUNE, 0000 KEVIN S. WEST, 0000 THE FOLLOWING NAMED OFFICER FOR APPOINTMENT *RICHARD THEWES, JR., 0000 *DANIEL WHALEN, 0000 TO THE GRADE INDICATED IN THE UNITED STATES MA- BRENT A. THOMAS, 0000 JOHN W. WHATLEY IV, 0000 RINE CORPS UNDER TITLE 10, U.S.C., SECTION 624: DONNIE L. THOMAS, 0000 RICHARD P. WHITAKER, 0000 LOUANN THOMAS, 0000 *DARIUS M. WHITE, 0000 To be Colonel *MICHAEL R. THOMAS, 0000 JOHN C. WHITE, 0000 *TODD E. THOMAS, 0000 RICHARD E. WHITE, 0000 FREDRIC M. OLSON, 0000

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WORKING FAMILIES NEED HEALTH TRIBUTE TO FRANK E. FIORILLI relationship between the Bible and the free- PLANS THAT WORK UPON RETIREMENT FROM dom that you and I enjoy today. He said, (and CECOM, FORT MONMOUTH I quote) ``Hold fast to the Bible as the sheet HON. SAM GEJDENSON anchor of your liberties; write its precepts on OF CONNECTICUT HON. FRANK PALLONE, JR. your heart and practice them in your lives. To IN THE HOUSE OF REPRESENTATIVES OF NEW JERSEY the influence of this Book we are indebted for the progress made, and to this we must look IN THE HOUSE OF REPRESENTATIVES Tuesday, October 12, 1999 as our guide in the future.'' Mr. GEJDENSON. Mr. Speaker, at long last, Tuesday, October 12, 1999 Mr. Speaker, there is a man of Christian the House of Representatives has passed leg- Mr. PALLONE. Mr. Speaker, I want to rec- faith, a leader within our society today who is islation to inject some accountability into the ognize the achievements and contributions of working to remind you and I to keep this same managed care industry. Serious debate to re- Mr. Frank E. Fiorilli, Deputy for Business and spirit of faith and freedom alive. That man is form health care in this country was long over- Strategic Planning for the Army's Communica- Dr. D. James Kennedy, a true Christian due. We could no longer wait for another per- tions-Electronics Command (CECOM) at Fort statesman. Mr. Speaker, when I was elected son to die from lack of care or another doctor Monmouth, NJ. in 1994 to represent the citizens of Eastern to be reprimanded by an HMO for discussing Mr. Fiorilli is retiring after 34 years and a North Carolina, Dr. Kennedy presented every all available treatment options with a patient luncheon in his honor will be held on October newly elected Member with a copy of the New before taking steps towards change. 27. This will be a special occasion for a very Geneva study Bible. In the front cover is a Right now, we have a system where HMOs special individualÐone of those talented civil note stating his hope that we would read and make more money when they deliver less service managers in whom we invest our faith apply the messages we found in the scripture care. To stop the abuses that HMOs inflict on and trust to successfully carry out an impor- to our work and our daily livesÐjust as Ulys- their patients and to make health care more tant national security responsibility. ses Grant proposed. Mr. Speaker, I begin and affordable, we have to ensure that patients Mr. Fiorilli began his distinguished career as end each day on my knees in prayer. I pray and their doctors, not accountants, have con- a presidential intern in 1965. Born in Newark, for guidance in the decisions I make that af- trol of the health care system. That is why it NJ, he received a bachelors degree cum fect the American people. In the last 5 years, was so important to pass the Patient's Bill of laude from Rutgers in 1965. He has been I have often reached for the Bible that Dr. Rights. This bipartisan legislation, which I sup- serving his country ever since. Kennedy gave to me for inspiration, encour- ported, remedies a number of the problems The principal function of CECOM at Fort agement, and a sense of hope. with an HMO system that currently values Monmouth is to ensure that our soldiers in the Mr. Speaker, Dr. Kennedy embodies the profits over patient care. field have advanced communications equip- ideal of Christian statesmanship. In fact, he Access to medically needed care, including ment that will protect them and contribute to has dedicated his life to celebrate and share access to emergency rooms and specialists, is the success of their battlefield mission. We God's word. In 1959, he became the founding a fundamental element of the Patient's Bill of have been fortunate over the years to have, at pastor of the Coral Ridge Presbyterian Church Rights. This legislation will also ban gag rules Fort Monmouth, highly skilled engineers and in Florida. This year, as the church celebrates on physicians and end some HMOs' practice other professionals who develop and procure its 40th anniversary, Dr. Kennedy is the most of offering financial incentives to withhold nec- this equipmentÐa critical component of our widely listened-to Presbyterian minister in the essary treatment. This bill will guarantee time- military's worldwide success. world. His broadcast messages are televised ly internal appeals, as well as an independent Frank Fiorilli has established the foundation to 35,000 cities and towns across the United external appeals process, when plans deny for the Army to adequately and properly pro- States. But Dr. Kennedy's commitment to care. Finally, the Patient's Bill of Rights holds vide advanced communications equipment for evangelism and strengthening our nation's plans legally accountable when their profit- the ``Army After Next.'' He has done this with communities extends well beyond his role as drive decisions result in serious injury or a combination of creativity and organizational senior minister to Coral Ridge Church. In death. People need real ways to hold HMOs skill that we should honor and encourage in all 1962, he created a lay-witnessing program responsible. our senior Federal managers. I congratulate called Evangelism Explosion International, Unlike the Patient's Bill of Rights, the Re- Mr. Fiorilli and wish him a well-deserved and which is used in every nation to encourage publican substitutes prohibit patients from fulfilling retirement. growth in congregations around the world. suing HMOs when care is improperly denied. f Dr. Kennedy also founded the Westminster In too many instances, courts are the only ad- Academy in 1971 to provide quality Christian vocate that consumers have in their battles TRIBUTE TO DR. D. JAMES KEN- education for the citizens of Fort Lauderdale, with multi-billion dollar companies. The health NEDY, A TRUE CHRISTIAN Florida. In addition, he started Knox Theo- insurance industry, which makes $952 billion a STATESMAN logical Seminary in 1990, which now offers year, does not need protection from lawsuits. courses in the United States as well as in When one of your family members dies be- HON. WALTER B. JONES Seoul, Korea. Mr. Speaker, last fall I had the cause an HMO denies access to proper care, OF NORTH CAROLINA unique opportunity to participate and see first the Republican substitutes' only recourse is an IN THE HOUSE OF REPRESENTATIVES hand, Dr. Kennedy's efforts to encourage and external appealÐthat's too little, too late. No motivate people of faith. Coral Ridge Ministries other industry enjoys such a powerful, Con- Tuesday, October 12, 1999 is the television and radio outreach of Dr. Ken- gressionally-mandated shield from liability for Mr. JONES of North Carolina. Mr. Speaker, nedy's word, which this year celebrates its their negligence. By rejecting the Republican it is clear when reading both the Declaration of 25th anniversary. One of the television pro- substitutes, Congress demonstrated that it's Independence and the Constitution of the grams his ministry airs is called ``The Power of time to remove protections for health plans United States, that our Founding Fathers rec- One.'' The program recognizes individuals in and focus on providing more protections for ognized the important role that God and the our Nation's communities who are working to patients. Bible would play in guiding our Nation's lead- promote Christian values. One such person is We must create a better system for every- ers who governed the world. Today, it is be- Rebecca Mason, a 10-year old girl from the one who gives or receives health care in this coming clear that the Judeo-Christian prin- Third District of North Carolina, which I am country. The people who make America work ciples this nation was founded upon are as proud to represent. Rebecca became frus- deserve health plans that work for them and critical to the future progress and stability of trated with the state of our country after learn- their families. By passing the Patient's Bill of this nation as they have been in the past. In ing some frightening facts about the rate of Rights, we have taken our first step towards fact, the 18th President of the United States, crime and violence in our Nation's neighbor- real reform. Ulysses S. Grant, emphasized the important hoods. Rebecca could not understand why

∑ This ‘‘bullet’’ symbol identifies statements or insertions which are not spoken by a Member of the Senate on the floor. Matter set in this typeface indicates words inserted or appended, rather than spoken, by a Member of the House on the floor.

VerDate 1299 06:10 Oct 13, 1999 Jkt 079060 PO 00000 Frm 00001 Fmt 0626 Sfmt 9920 E:\CR\FM\A12OC8.000 pfrm04 PsN: E12PT1 E2072 CONGRESSIONAL RECORD — Extensions of Remarks October 12, 1999 more people of faith were not taking action, so BIPARTISAN CONSENSUS MAN- negligent decisions. In cases of personal injury she decided to do something about it. She AGED CARE IMPROVEMENT ACT or death, the individual deserves the right to created a petition for Christian values, calling OF 1999 sue the insurance company and hold them fi- upon all Americans to stand up and take ac- nancially responsible for their irresponsible de- tion to promote and preserve the morals and SPEECH OF cisions. It is for this reason that I strongly sup- values we learn from the Bible. Rebecca's ef- HON. BENJAMIN A. GILMAN port the liability portion of this bill. forts were featured on Dr. Kennedy's ``Power OF NEW YORK I am confident that by requiring health plans of One'' program. As a man of strong religious IN THE HOUSE OF REPRESENTATIVES to disclose information to policyholders regard- conviction myself and as Rebecca's Congress- ing coverage of benefits, doctors, facilities, Wednesday, October 6, 1999 man, I was asked to participate in the pro- and claim procedures, the need to proceed to gram. It was an honor for me to be part of a Mr. GILMAN. Mr. Speaker, I rise today in a judicial solution should not occur as often as television program that recognizes the citizens support of H.R. 2723, the bipartisan con- opponents of this bill insist. who are taking action to make their commu- sensus Managed Care Improvement Act. This Accordingly, I urge my colleagues to stand nities and their nation stronger. In fact, it re- important piece of legislation is long overdue up and fight for the rights of the American minded me of one of my favorite Bible verses and I am pleased to be a cosponsor of this bi- public and to support passage of this legisla- from Isaiah book 6, verse 8. It says, ``Also I partisan bill that will reform the managed care tion. heard the voice of the Lord, saying Whom industry. I commend Mr. NORWOOD and Mr. f DINGELL for their diligent work and determina- shall I send, and who will go for us? Then said VETERANS AFFAIRS MEDICAL tion in bringing this bill to the floor today and I, Here am I; send me.'' CENTER IN GRAND JUNCTION, the House leadership for scheduling debate on Mr. Speaker, Dr. Kennedy, like Rebecca COLORADO HONORED Mason, has answered God's call, and he has this bill. devoted his life to serving as a messenger of H.R. 2723, will bring about necessary HON. SCOTT McINNIS God's word. Today, I am proud to recognize changes to the managed care industry by bringing the attention of HMOs back to the OF COLORADO his efforts during this exciting year of celebra- IN THE HOUSE OF REPRESENTATIVES tion to show my respect for his devotion and needs of the American public. For too long, his commitment to spread the message of these insurance companies have been driven Tuesday, October 12, 1999 hope to all America. Thank you Dr. Kennedy, by profits and have lost sight of their true re- Mr. MCINNIS. Mr. Speaker, I would like to for reminding those of us who serve the Amer- sponsibility, to provide a quality service to take a moment to honor not one individual but ican peopleÐand all citizensÐthat faith and those Americans who pay for insurance each a team who has dedicated their time, effort, freedom go hand in hand. Happy anniversary. month. All too often we hear stories from our and care into making the smallest VA hospital May God continue to Bless you and give you constituents who have had numerous conflicts in the Country, the best. The employees of the the strength to continue sharing His message with their insurance companies, ranging from Grand Junction VA hospital have changed with the world. denial of coverage for preventative procedures health care in this country as we know it. Their and medically necessary treatments to denial unparalleled care for the patient has won them f of reimbursement for trips to emergency the Department of Veterans Affairs highest rooms and specialists. Americans pay their 100TH ANNIVERSARY OF THE honor. monthly premiums and expect that if the time The Robert W. Carey Quality Award trophy GHENT BAND comes when they need to seek out medical is given to one facility each year to recognize assistance, they should not have to worry organizational effectiveness and performance HON. JOHN E. SWEENEY about whether or not their HMO is going to through quality management. It was the first OF NEW YORK oppose the necessity of their visit to a doctor. time that the hospital submitted the entry form IN THE HOUSE OF REPRESENTATIVES Americans should be able to see specialists which was fifty pages long and took five such as a cardiologist or oncologist without Tuesday, October 12, 1999 months to process. The employees of the obtaining a referral from their primary physi- Grand Junction VA hospital patiently waited to Mr. SWEENEY. Mr. Speaker, I rise to con- cian, a chore which merely takes up time, time hear back while a Department of Veteran Af- gratulate Ghent Band on their 100th anniver- that may be better served by immediately see- fairs panel reviewed applications. Soon after a sary in entertaining the communities of Colum- ing a specialist. Moreover, women should panel visit to the hospital and a final ranking bia County, located in the heart of the 22nd have direct access to their obstetrician-gyne- decision by a panel of outside judges, they Congressional District, which I proudly rep- cologist and parents should have the option to were chosen for the award. resent. select a pediatrician as their child's primary The basis for their winning the award are Founded in 1899 by 15 members, the Ghent physician. Under current guidelines, this is not numerous and well founded. Among them, Band continues to make history while other an option. However, these issues would be their work in the revolutionary, primary-care bands in New York have become history. In- addressed by the passage of H.R. 2723. approach to health care that began in 1988. spired by nationally touring bands like John The major concern that has been brought to They call it a ``virtual circle of care'' in which Philip Sousa, the original 15 members gath- my attention by my constituents has been the patients see the same physician, nurse, clerk, ered old, second hand instruments and began issue of employer liability. I am gratified that and social worker each time they visit the hos- rehearsing weekly at the Old Ghent School this bill contains a self-executing managers pital. This allows for more personalized care House. To this day, the band plays on, serving amendment that will directly address this con- which pays off on a large scale. Health care as Columbia County's only full-fledged village cern. With the passage of H.R. 2723, lan- providers become familiar with the patients band. guage will be implemented which clearly they see, therefore providing outstanding, per- Mr. Speaker, for a full century the Ghent states that an employer can not be held liable sonalized service to them. Also recognized Band's music has filled the hearts of the unless they are making medical decisions. An was their work on the Disabled Veterans Win- young and old, creating lasting memories at employer can provide health care coverage for ter Sports Clinic, which brings veterans to the many parades and concerts at which they their employees and set the parameters of Crested Butte every weekend. play. The Ghent Band holds a special place in that coverage with the knowledge that they will In addition to these accolades, Mr. Speaker, my own heart as they were present at the in- not be sued by an employee should the HMO I would like to add a few final highlights. The auguration celebrating my swearing in to the make a negligible medical decision that results administration's attention to the needs of the House of Representatives. in injury or death. employee is another facet that makes this Given the diversity of age and background The intent of this legislation is to make man- hospital so exceptional. They are constantly of the band's members, as well as their strong aged care coverage more user friendly. To looking for ways to improve, including their ties to the local community, I have no doubt provide the necessary information to policy- anonymous e-mail system that allows employ- that the Ghent Band will continue on for an holders up front so that the frequency of inju- ees to voice any concerns they might have or additional 100 years. ries and deaths due to negligent decisions by suggest any improvements they see nec- Mr. Speaker, the Ghent Band is America at the HMO decreases. However, there will be essary. Their volunteer program has also its best, representing all that is good in this times when an HMO fails to provide coverage grown tremendously. People are getting in- nation. I wish its members and their families for services that a policy holder is entitled to. volved to make a difference and they have. the best as they celebrate 100 years of serv- It is for these cases, that the individual has the It is with this, Mr. Speaker, that I honor this ing and entertaining the Village of Ghent. ability to hold the HMO accountable for its institution, on behalf of the people of Western

VerDate 1299 06:10 Oct 13, 1999 Jkt 079060 PO 00000 Frm 00002 Fmt 0626 Sfmt 9920 E:\CR\FM\A12OC8.003 pfrm04 PsN: E12PT1 October 12, 1999 CONGRESSIONAL RECORD — Extensions of Remarks E2073 Colorado, for their accomplishments in the unsolvable and that their use as a pretext for BIPARTISAN CONSENSUS MAN- health care of our nation's veterans and say international aggression is acceptable. How- AGED CARE IMPROVEMENT ACT thank you for their care and hard work. ever, over the past decade in Northern Ire- OF 1999 f land, in the Middle East, and in the former Yugoslavia, have proven that the international SPEECH OF TRIBUTE TO FRANK FARRELL community, led by the United States, can and HON. DENNIS MOORE should negotiate and work for peace and an OF KANSAS HON. JAMES P. McGOVERN end to ethnic division and conflict. IN THE HOUSE OF REPRESENTATIVES OF MASSACHUSETTS Late last year, I urged President Clinton to IN THE HOUSE OF REPRESENTATIVES get personally involved in resolving the Cyprus Wednesday, October 6, 1999 Tuesday, October 12, 1999 conflict by sending a special envoy, as he did The House in Committee of the Whole Mr. McGOVERN. Mr. Speaker, I rise today in the Middle East and Northern Ireland. This House on the State of the Union had under to pay tribute to one of Massachusetts' finest past summer, I also asked the new Turkish consideration of the bill (H.R. 2723) to amend leaders, Frank Farrell. Frank is retiring this Prime Minister to accept such an offer. I am title I of the Employee Retirement Income year after many years as President of the extremely gratified by recent reports that these Security Act of 1974, title XXVII of the pub- events have indeed taken place. lic Health Service Act, and the Internal Rev- Worcester/Framingham Central Labor Council. enue Code of 1986 to protect consumers in I know that thousands of working families During their recent talks in Washington, managed care plans and other health cov- throughout Central Massachusetts join me in Prime Minister Ecevit accepted President Clin- erage. thanking Frank Farrell for his years of hard ton's offer to dispatch a special envoy to work Mr. MOORE. Mr. Chairman, I am very work and dedication. toward a settlement of this quarter-century-old pleased that on October 7, 1999, the House of Since 1955, when he was hired as a quality dispute. Indeed, special envoy Al Moses has Representatives passed the long-overdue Bi- control inspector at Olson Manufacturing in already been appointed and soon will be be- partisan Consensus Managed Care Improve- Worcester, Frank Farrell has been a member ginning his work in this troubled region. ment Act (H.R. 2723) by such a large margin. of the United Steelworkers of America. He has Again, I applaud the leadership of both I truly believe that H.R. 2723 is good, com- very active in his local union and rose to its President Clinton and Prime Minister Ecevit. mon-sense legislation that will protect the in- presidency in 1965. The time has come for all efforts to be dedi- terests of patients in contracts with health in- He has also been active in the Worcester/ cated to resolving the abhorrent injustice of surers. I am attaching a letter signed by rep- Framingham Central Labor Council, and was the division of Cyprus. We must all now re- resentatives of the Kansas Association of Os- elected as its president in 1970Ða post he double our efforts to bring peace and justice to teopathic Medicine, the Kansas Dental Asso- has held for the last 20 years. For those 20 the Mediterranean. ciation, the Kansas Medical Society, the Kan- years Frank has fought the good fightÐhe has sas Pharmacists Association, the Kansas stood shoulder-to-shoulder with the men and f State Nurses Association, the National Asso- women in organized labor and their families. ciation of Social WorkersÐKansas Chapter He has advocated for better wages, better IN HONOR OF THE TEMPLE- and the Kansas Trial Lawyers Association ex- health care, better retirement and better work- TIFERETH ISRAEL ON THEIR pressing support for H.R. 2723. ing conditions. Central Massachusetts is a bet- 150TH ANNIVERSARY I am a cosponsor of H.R. 2723 and sup- ter and safer place to work today because of ported passage, although I was very dis- the hard work put in by Frank Farrell. HON. DENNIS J. KUCINICH appointed that the Republican leadership did Again, Mr. Speaker, I want to pay tribute to not allow Representatives Norwood and Din- OF OHIO Frank; his wife Jan; their 3 children Frank III, gell to offer an amendment to pay for provi- Steven and Lisa; and their two grandchildren sions in the managed care bill. Their amend- Bernard and Meressa. I wish them best wish- HON. STEPHANIE TUBBS JONES OF OHIO ment would have provided $7 billion in offsets es for a happy and healthy retirement. No one for revenue losses estimated to result from in- deserves it more. IN THE HOUSE OF REPRESENTATIVES creased deductions for higher medical pre- f Tuesday, October 12, 1999 miums. I fully expect the conferees to offset CYPRUS PEACE TALKS this cost to gain my support for the final bill, Mr. KUCINICH. Mr. Speaker, I rise today to and I am encouraged that the President has honor the 150th anniversary of The Temple- HON. ROBERT E. ANDREWS said that he will not sign the final bill unless Tifereth Israel in Cleveland, OH. The Temple it is fully offset. OF NEW JERSEY begins its year long celebration on Friday, Oc- On October 6, 1999, I opposed final pas- IN THE HOUSE OF REPRESENTATIVES tober 15, 1999 with a Shabbat service and re- sage of H.R. 2990, the so-called ``access'' bill. Tuesday, October 12, 1999 ception. This surely will be a historic occasion This bill was estimated by the Joint Committee for the Temple members. Mr. ANDREWS. Mr. Speaker, I rise today to on Taxation to cost $48.7 billion over 10 years congratulate President Clinton and Turkish Just 11 years after the first Jewish settlers with not offsets. Sponsors of H.R. 2990 claim Prime Minister Bulent Ecevit on the significant came to Cleveland, The Temple-Tifereth Israel that it will be paid for out of the projected progress made on the subject of Cyrpus dur- was founded. In the past 150 years The Tem- budget surplus, which is based upon the as- ing their recent talks in Washington. ple has been a cornerstone of the Jewish sumption that Congress will abide by the I have always felt that Cyprus presents an community in the Greater Cleveland Area. spending caps enacted in the 1997 budget exceptional opportunity for the United States Rabbis with extraordinary vision and leader- agreement. The Congressional Budget Office, to facilitate a successful solution because a ship and members with great commitment and however, has estimated that Congress has al- settlement on this island is within reach. Cy- activism have guided The Temple throughout ready voted to increase spending by at least prus is small in size and population, has clear- its 150 years. The Temple has developed a $30 billion over the caps for fiscal year 2000, ly discreet borders as an island nation, and flourishing religious school, passing on the tra- which will require tapping into the Social Secu- the international community is committed to ditions of the study of Torah and mitzvah to rity Trust Fund. I voted against H.R. 2990 be- the removal of Turkish forces and return of countless children, and currently boasts a cause I made a commitment not to spend one Cypriot sovereignty. Many United Nations and membership of 1,600 families. penny of the Social Security surplus. United States Congressional resolutions have Organizations like The Temple-Tifereth Let me make one thing clearÐI do not be- been passed over the years expressing the in- Israel must be applauded and recognized for lieve that legislation to protect patients and ef- ternal community's and United States' commit- passing on traditions to so many generations forts to make health care more accessible are ment to a just and peaceful resolution to this of Ohioans. It is not often that organizations mutually exclusive. As a member of the Small conflict. Failure to secure a solution in Cyprus can last as long as The Temple, let alone Business Committee, I am working hard to ex- would undermine international law and UN thrive as has been the case for The Temple. pand health coverage to the 43 million Ameri- resolutions, as well as contradicting official I urge my fellow colleagues to please join cans who lack it, since more than 60% of the U.S. foreign policy, and our national interest in me in recognizing the dedication and faith of uninsured have one thing in commonÐthey deterring aggressor states. the families of The Temple-Tifereth Israel as are either self-employed, or their primary Failure to solve this problem also bolsters they celebrate 150 years of service in the breadwinner is employed by a small business the false notion that ethnic conflicts are Greater Cleveland Area. that cannot afford to provide health benefits.

VerDate 1299 06:10 Oct 13, 1999 Jkt 079060 PO 00000 Frm 00003 Fmt 0626 Sfmt 9920 E:\CR\FM\K12OC8.001 pfrm04 PsN: E12PT1 E2074 CONGRESSIONAL RECORD — Extensions of Remarks October 12, 1999 To this end, I am a cosponsor of H.R. 1496, TRIBUTE TO GREG MAJORS, A Eric Thach's sacrifice will be further remem- the Small Business Access and Choice for En- DEDICATED INDIVIDUAL bered as his name is engraved next to the trepreneurs Act. This legislation would do two names of three fellow officers, also felled in things: 1) Offer immediate 100% health insur- HON. SCOTT McINNIS the line of duty. The marker sits outside the ance deductibility for the self-employed; and 2) OF COLORADO Riverside County Sheriff's Department as a re- minder to us all of the selfless duty for law en- strengthen and expand Association Health IN THE HOUSE OF REPRESENTATIVES forcement officers assume as they protect the Plans (AHPs) for small business owners. Tuesday, October 12, 1999 people or Riverside CountyÐa sacrifice that AHPs would allow small businesses and the Mr. MCINNIS. Mr. Speaker, it is with great we often take for granted. As Madam de Stael self-employed to join together to obtain the pride that I take a moment to recognize Greg once said, ``We understand death for the first same economics of scale, purchasing clout, Majors who has routinely gone above and be- time when he puts his hand upon the one and administrative efficiencies from which yond the usual duties to make his business whom we love.'' large health insurance purchasers currently and community a better place. He has recently The National Law Enforcement Officer Me- benefit. AHPs will give small employers the been awarded the 1999 Sam Walton Business morial, though, says it the best, that ``it is not ability to design more affordable benefit op- Leader Award, which honors local business how these officers died that made them he- tions, offer workers more choices, and pro- people who best exemplify the principles of roes, it is how they lived.'' Many of us can not mote greater competition in the health insur- Wal Mart founder, Sam Walton. truly understand the latent danger associated Greg Majors is a driven man who has many with the day to day routines of our law en- ance market. positive ideas for change and improvement. forcement officers. They put themselves in the I look forward to continuing to work with my He is involved in many organizations which line of danger everyday as they stop a vehicle, colleagues to ensure adequate patient protec- are both business and community oriented. respond to an incident or a suspicious cir- tions and access to health care for all Ameri- For the past nineteen years he has been with cumstancesÐlike Deputy Thach. The danger cans. Norwest Banks. The last eight he has spent in and violence they face day in and day out is KANSAS STATE NURSES ASSOCIATION Montrose as manager of Business Banking. very real and it is times like theseÐsadlyÐ October 5, 1999. There he is revered among his employees as that make us stop and honor our law enforce- Congressman DENNIS MOORE, an honest and likeable man. ment officers. We hope that they be given Cannon House Office Building, Washington, In addition, Greg has served as director of such honor, respect and thanks alwaysÐnot DC. MEDC for the past four years, two of which he only when life's fragile nature is revealed. DEAR CONGRESSMAN MOORE: On behalf of served as president. He has also been the di- Deputy Eric Thach lived his life with this con- organizations concerned about health care in rector of the Montrose Memorial Hospital stantly in the forefront and his memory can be our state, we are writing to ask your support Board of Trustees for the past three years. As best served by us all doing the same. of the bipartisan Consensus Managed Care if the aforementioned activities are not enough Mr. Speaker, we ask that you and our col- Improvement Act (HR 2723) by Charlie Nor- for one man, Greg also serves on the board leagues join us today to remember this fine wood and others. of trustees of the Montrose United Methodist deputy. On behalf of the residents of Riverside It is our understanding that this important Church and for the past six years he has been County, we extend our prayers and most legislation will be up for consideration the an active member of the Rotary Club. heartfelt sympathy to his family and loved week of October 4. We ask that you support Mr. Speaker, as you can see, Greg Majors ones. this legislation because it provides the best is a valuable asset to the community of f patient protection by addressing these im- Montrose. So, it is with this that I say thank portant elements: you to this man on behalf of the people of BIPARTISAN CONSENSUS MAN- AGED CARE IMPROVEMENT ACT ∑ Allows patients to obtain the medical Western Colorado for his dedicated service OF 1999 care they need and I wish him well in all his future endeavors. f ∑ Protects nurses, physicians and other SPEECH OF health care professionals who advocate for TRIBUTE TO DEPUTY SHERIFF their patients HON. LORETTA SANCHEZ ERIC ANDREW THACH OF CALIFORNIA ∑ Holds health care plans accountable by IN THE HOUSE OF REPRESENTATIVES removing the ERISA preemption HON. KEN CALVERT Thursday, October 7, 1999 ∑ Has a strong external review component OF CALIFORNIA ∑ Determines ‘‘medical necessity’’ accord- IN THE HOUSE OF REPRESENTATIVES The House in Committee of the Whole ing to generally accepted standards of med- House on the State of the Union had under Tuesday, October 12, 1999 consideration the bill (H.R. 2723) to amend ical practice by a prudent physician Mr. CALVERT. Mr. Speaker, I rise today title I of the Employee Retirement Income ∑ Prohibits gag clauses and practices along with my colleague Congresswoman Security Act of 1974, title XXVII of the Pub- lic Health Service Act, and the Internal Rev- ∑ Provides accurate disclosure of costs and MARY BONO, with a heavy heart to pay tribute benefits enue Code of 1986 to protect consumers in to a fallen deputy sheriff from Sun City, Cali- managed care plans and other health cov- Kansans, just like the majority of Ameri- fornia. Deputy Sheriff Eric Andrew Thach died erage. cans, want strong patient protections from Friday in the line of duty for his Riverside Ms. SANCHEZ. Mr. Chairman, I rise today managed care. H.R. 2723 represents your best County community. We send our condolences to share with my colleagues the stories of opportunity to provide these protections. and prayers to his family, neighbors and the families in my District who have needlessly Please don’t vary from this approach. community. suffered in the absence of a real Patients' Bill Thank you, Eric Thach was 34 years of age and em- of Rights. Respectfully Submitted, ployed with the Riverside County Sheriff's De- I want to share with you a story that hap- CHIP WHEELAN, partment for three years, since September pened to one of my constituents in what is be- Kansas Association of Osteopathic 1996. He leaves behind his young wife, Eve- lieved to be the first real brittle bone disease Medicine. lyn, and daughter, Shana. He also leaves be- case in Orange County that has gone to trial. KEVIN ROBERTSON, hind neighbors and a community that will miss Kansas Dental Association. Imagine this man's horror when his son was JERRY SLAUGHTER, his constant self-sacrifice, generosity and quiet taken away and given to Child Protective Kansas Medical Society. demeanor. And, now those left behind must Services because of alleged child abuse. This BOB WILLIAMS, pull together to support and strengthen each child was not abused, the child had an incur- Kansas Pharmacists Association. other during the coming months and years as able disease that was mis-diagnosed. TERRI ROBERTS, they heal. It is unfathomable to me that the system, Kansas State Nurses Association. ``Deputy Sheriff Eric Thach lived his life with which is here to protect patients, would use SKY WESTERLUND, strength and courage. He was a good man, outdated methods to diagnose this disease, National Association of Social Workers, taken from us too soon . . . He will live on in have the patient suffer and not have Patient Kansas Chapter. TERRY HUMPHREY, our memory and in the many respects paid to Protection Legislation for the worst case sce- Kansas Trial Lawyers Association. him by the community,'' stated Riverside nario to safeguard them from medical incom- County Sheriff Larry D. Smith. petency.

VerDate 1299 06:10 Oct 13, 1999 Jkt 079060 PO 00000 Frm 00004 Fmt 0626 Sfmt 9920 E:\CR\FM\A12OC8.009 pfrm04 PsN: E12PT1 October 12, 1999 CONGRESSIONAL RECORD — Extensions of Remarks E2075 Since I came to Congress, I have listened and accompanying smile, John's warmth and Swire Coca-Cola Mesa State Maverick Hall of closely to the managed care reform debate. I compassion have become a true source of in- Honor last week. These individuals have have also read the newspapers, seen the spiration and comfort to our community. shown just what can be achieved through hard polls, and continue to hear the horror stories. John has spent his life preserving and pro- work and dedication and are most worthy of This past weekend, I did what every mem- moting the strong values of Italian-Ameri- this coveted distinction. It is with this that I ber of Congress should be doing; I heard from cansÐhard work, family and neighbors, and would like to now honor each of these distin- my constituents. the importance of keeping our traditions and guished Mesa State alums. I learned that my constituents do want re- heritage alive. Last year, I had the opportunity It is a rare feat to hold a National record for form and do want some type of ``Patients' Bill to join family, friends, and over 100 community more than a year in any track and field event. of Rights.'' They want Congress to initiate re- members who gathered to dedicate the West Ron Bell held the National record for the jav- form and to keep the interest of the patients Haven Beach Bocce courts in his honor. elin throw for forty years. His throw, back in in mind. Bocce is a game that combines strategy, skill, 1959 measured 207 feet, 11¤2 inches. He did My constituents believe that HMO's are the and determination. Carrying the true spirit of this not with a personal javelin that he had future of healthcare, but they want to make Italian culture, it is played in Italian-American practiced with many times, but one that he sure that care is put above profits. neighborhoods across the country. John's love borrowed from the opposing team. Bell, who is The Democratic Patients' Bill of Rights re- of bocce is well-known. His determination to now sixty years old, has had many athletic turns medical decisions back to America's create easy access to the game for the resi- achievements in his time ranging from the families and their doctors. It is based on pro- dents of West Haven, and dedication to bring- 1958 Mesa Junior basketball team which was posals endorsed by America's family doctors. ing them together to share and enjoys a game the first to compete in the junior college na- Any bill we pass is going to affect each one that has its origins in 19th century Italy is truly tional tournament to earn a spot on the of my constituents, millions of Americans, and characteristic of John. Today, these courts Brigham Young basketball team. thousands of Orange County residents. But provide endless hours of enjoyment for people Bob Engle is a man who has given years of only the Democratic bill will cover all 161 mil- of all ages from dawn until dusk. service to his country in the United States lion Americans with private insurance. John is an extraordinary individual who has Army. His achievements, thereafter, are the The American public cannot continue to af- spent his life striving to improve the quality of stuff of legend. His two year stay at Mesa Jun- ford the absence of Managed Care Reform. life for all members of the West Haven com- ior college had numerous highlights. He was But the worst thing we could do is pass legis- munity. He is a true friend and I am proud to twice named to the Topps district All Star lation that puts consumers in a worse situation rise today to recognize his accomplishments Team, was awarded a spot on the All-Junior than they are today. and join with family, friends, and the West College World Series team in 1969, and in That is exactly what the Republican piece- Haven community as they name him this 1970 he was an All-Region XVIII selection. meal managed care legislation would do. The year's Italian-American of the Year. After stays on the Baltimore Orioles and the Republican proposal is a minimalist bill that f Toronto Blue Jays, he worked his way up the stops short of offering real Patient Protection scouting ladder to his current position in the Legislation. IN HONOR OF GREGORY ‘‘GQ’’ Blue Jays office as senior advisor of baseball We need to pass Managed Care protection JOHNSON operations. legislation and we need to pass it in this Con- Rarely do you hear of someone being a gress. HON. DENNIS J. KUCINICH four-time All American in any sport. Jeff Rus- f OF OHIO sell was the only four-time All America athlete IN THE HOUSE OF REPRESENTATIVES at Mesa State College in two sports. He HONORING JOHN BARONE AS HE IS placed fifth in the nation in wrestling in 1988 Tuesday, October 12, 1999 NAMED WEST HAVEN ITALIAN- and third in the nation the following season. AMERICAN OF THE YEAR Mr. KUCINICH. Mr. Speaker, I stand today More recently Russell has received honors for with a heavy heart grieving for Gregory ``GQ'' his work as a police officer. In 1994 he was HON. ROSA L. DeLAURO Johnson, a nineteen year old resident of named American Legion Officer of the Year. OF CONNECTICUT Cleveland Ohio. Young Gregory Johnson died Heralded as the ``best basketball player ever IN THE HOUSE OF REPRESENTATIVES of complications of diabetes in September. at Mesa State College,'' Shawn Smith led the Gregory ``GQ'' Johnson was an exemplary Tuesday, October 12, 1999 first Mesa team to go to the NAIA national young man. As a member of the City Year tournament. Among his many accolades, Ms. DELAURO. Mr. Speaker, it gives me Cleveland Public Service Program, he dedi- Smith was named to every all-state team in great pleasure to stand today to join with the cated much of his time and energy to tutoring Colorado and honorable mention All-American. community of West Haven, CT, as they honor younger children. Gregory especially liked to He also led the state in scoring his senior my dear friend, John Barone, as Italian-Amer- work with withdrawn or overly aggressive chil- year. ican of the Year. dren. Through his inspiration and devotion, As you can see, Mr. Speaker, these athletes This weekend is special to Italian-Americans many of the children he helped became more all warrant the highest of honors. I am proud across the Nation. We join together to com- focused on the studies and some even began to honor them now and say congratulations for memorate the historic voyage of Christoforo to confide in him. Gregory Johnson was one their acceptance into the Swire Coca-Cola Colombo and celebrate the strength of our who could be trusted and relied on. The time Maverick Hall of Honor. heritage. Colombo's determination, hard work, he spent with the children he helped will be f and courage led the way across the seas for remembered and cherished. millions to follow. These immigrantsÐour par- Gregory will be greatly missed. My distin- SUPPORTING THE TRANSITION TO ents and grandparentsÐhad little more than guished colleagues, please join me in remem- DEMOCRACY IN INDONESIA, H. hope and determination, yet they built the bering and honoring Gregory ``GQ'' Johnson, a CON. RES. 195 strong, vital communities that have become very special young man who dedicated his life the backbone of Connecticut and our great to teaching others. HON. BENJAMIN A. GILMAN Nation. Each year, the West Haven commu- f OF NEW YORK nity honors a member who has demonstrated IN THE HOUSE OF REPRESENTATIVES this same leadership and courage. This year, A TRIBUTE TO RECENT INDUCT- that man is John Barone. EES TO THE SWIRE COCA-COLA Tuesday, October 12, 1999 John has been a driving force in the West MAVERICK HALL OF HONOR Mr. GILMAN. Mr. Speaker, I am proud to in- Haven community since he and his wife, Ann, troduce today a Resolution supporting the first made their home here 48 years ago. John HON. SCOTT McINNIS transition to democracy in Indonesia. Indo- illustrates the vital difference an individual can OF COLORADO nesia's highest legislature, the People's Con- make in a community. Through his years of IN THE HOUSE OF REPRESENTATIVES sultative Assembly (MPR), is in the process of dedication to the Italian-American Club and his choosing the country's next President and unfailing efforts to improve the quality of life Tuesday, October 12, 1999 Vice President and ultimately setting the for the families of West Haven, John has al- Mr. MCINNIS. Mr. Speaker, I rise to recog- course for the founding of a new government. ways endeavored to help his neighbors in any nize Ron Bell, Bob Engle, Jeff Russell, and This process will culminate in a little over a way that he could. With his ever-present cigar, Shawn Smith who were all inducted into the week as a result of the first contested election

VerDate 1299 06:10 Oct 13, 1999 Jkt 079060 PO 00000 Frm 00005 Fmt 0626 Sfmt 9920 E:\CR\FM\A12OC8.011 pfrm04 PsN: E12PT1 E2076 CONGRESSIONAL RECORD — Extensions of Remarks October 12, 1999 since independence in 1945. On October 21st, was a wonderful person and magnificent talent a warm, rich sound. He set a precedent that a new President takes the helm of state and who played the vibraphone in a way that emit- this instrument can speak beautiful things, and that it’s not just percussive.’’ a new government will be formed. It is hoped ted rich, warm sounds like no one else. Milt Mr. Jackson, who was born in Detroit, had and expected that this process will be free, fair Jackson was born in Detroit and played many become an impressively broad musician by and transparent and result in a reduction in instruments prior to playing the vibraphone. the middle of his teen-age years. He had per- the uncertainty which surrounds the country's Blessed with the gift of perfect pitch, he origi- fect pitch, and he began teaching himself political, economic, and social stability. nally sang with the Detroit gospel group, the guitar at the age of 7, started piano lessons The MPR must quickly ratify the results of Evangelist Singers. He started playing jazz in at 11 and in high school played five instru- the popular consultation in East Timor and all high school with the Clarance Ringo and the ments: drums, tympani, violin, guitar and parties should work closely together to ensure George Lee Band but his new found jazz ca- xylophone; he also sang in the choir. By the age of 16, he had picked up the vibraphone as a smooth, peaceful transition of government. I reer was interrupted by a short stint in the well, encouraged by a music teacher, and fully support the aspirations of the Indonesian Army. Upon discharge, Mr. Jackson founded sang tenor in a popular gospel quartet called people in embracing democracy and it is my his own jazz quartet called the Four Sharps. the Evangelist Singers as well as beginning hope that the world's fourth largest country will Dizzy Gillespie, while in Detroit on a mid- his jazz career, playing vibraphone with soon become the world's third largest democ- western tour, spotted the quartet in a Detroit Clarence Ringo and the George E. Lee band. racy. bar and promptly asked Mr. Jackson to join Out of high school, he almost joined Earl Accordingly, I request that the entire text of his band. By the time Mr. Jackson joined Gil- Hines’s big band, but his draft notice inter- H. Con. Res. 195 be inserted at this point in lespie's band, he was deeply under the influ- vened. In 1944, back in Detroit after two years of overseas military service, he set up the Record. ence of Charlie Parker. Jackson tried to emu- a jazz quartet called the Four Sharps. (He H. CON. RES. 195 late Parker's rhythmic traits and tried to admitted that he got his nickname, Bags, Whereas the Republic of Indonesia is the achieve a hornlike quality to his sound. Jack- from the temporary furrows under his eyes world’s fourth most populous country, has son went on to create a new sound in the incurred by a drinking binge after his release the world’s largest Muslim population, and is 1940's slowing down the motor on his from the Army.) Dizzy Gillespie saw the the second largest country in East Asia; Vibraharp's oscillator by one-third the speed to quartet at a Detroit bar on a swing through Whereas a stable and democratic Indonesia create a rich vibrato sound very similar to his the Midwest, and called upon Mr. Jackson in is important to regional and American inter- 1945 to join his band in New York. own voice. Mr. Jackson was also knowledge- Mr. Jackson’s style, then and later, came ests; able in classical music and was involved in the Whereas on June 7, 1999, elections were from Charlie Parker, rather than Mr. Hamp- held for the Indonesian People’s Representa- jam sessions with Miles Davis and Gerry Mul- ton, his most prominent precursor on the in- tive Assembly (DPR), which, despite some ligan which led to the ``Birth of the Cool.'' One strument; he not only tried to achieve a irregularities, were deemed to be free, fair, of the most significant musical achievements hornlike legato with his mallets, but he and transparent according to international in Jackson's career was his over four decades adopted many of Parker’s rhythmic traits as and domestic observers; of work as a member of the Modern Jazz well. He was the first bona fide bebop musi- Whereas over 100 million people—more Quartet which was formed in the early 1950's. cian on the vibraphone, and became one of than 90 percent of Indonesia’s registered vot- the prides of Gillespie’s own band. Gillespie Milt always responded positively to my invi- also brought him to Los Angeles to fill out ers—participated in the election, dem- tations to come and share his significant onstrating the Indonesian people’s interest his sextet at Billy Berg’s club, hedging in democratic processes and principles; and knowledge and talent at the annual Congres- against the probability that Parker, who was Whereas Indonesia’s People’s Consultative sional Black Caucus Foundation jazz issues in the band and at the low point of his heroin Assembly (MPR) convened on October 1, 1999, forum. The jazz issues forum was established addiction, would fail to show up. to organize the new government, ratify the to enhance and perpetuate the art form, em- Back in New York in 1946, Mr. Jackson re- results of the August 30, 1999, popular con- phasize cultural heritage, and forge awareness corded some of bebop’s classics with Gilles- pie’s orchestra—‘‘A Night in Tunisia,’’ ‘‘An- sultation in East Timor, and select the next and pride within the African-American commu- President and Vice President of Indonesia: thropology’’ and ‘‘Two Bass Hit.’’ Mr. Jack- nity. In 1987, the jazz issue forum in the son, the pianist John Lewis, the bassist Ray Now, therefore, be it United States Congress passed House Con- Resolved by the House of Representative (the Brown and the drummer Kenny Clarke were Senate concurring), That the Congress— current Resolution 57 which designates jazz to the rhythm section of Gillespie’s band. (1) congratulates the people of Indonesia be ``a rare and valuable national American ‘‘Dizzy had a lot of high parts for the brass on carrying out the first free, fair, and trans- treasure.'' in that group,’’ remembered Mr. Brown. ‘‘So parent national elections in 44 years; He will be missed greatly as Milt Jackson he said, ‘I have to give these guys’ lips a lit- (2) supports the aspirations of the Indo- was one of the world's preeminent improvisors tle rest during concerts, and while they’re nesian people in pursuing democracy; resting, you should play something.’ ’’ The in jazz. His special brilliance will be enjoyed development of this rhythm section’s rela- (3) calls upon all Indonesian leaders, polit- by jazz fans for all the ages. ical party members, military personnel, and tionship led to some recordings for Gilles- the general public to respect the outcome of [From the N.Y. Times, Mon., Oct. 11, 1999] pie’s own label, Dee Gee, by a new band the elections; MILT JACKSON, 76, JAZZ VIBRAPHONIST, DIES known as the Milt Jackson Quartet. Mr. Jackson left Gillespie and came back (4) calls for the transparent selection of (By Ben Ratliff) the next President and Vice President as ex- to him again for a period in the early 1950’s. Milt Jackson, the jazz vibraphonist who peditiously as possible under Indonesian law, And in 1951, with Thelonious Monk, he made was a member of the Modern Jazz Quartet in order to reduce the impact of continued recordings that would further the idiom for 40 years and was one of the premier im- uncertainty about the country’s political, again, weaving his linear improvisations provisers in jazz with a special brilliance at economic, and social stability and to en- around Monk’s abrupt, jagged gestures on playing blues, died on Saturday at St. hance the prospects for the country’s eco- pieces including ‘‘Criss Cross’’ and Luke’s-Roosevelt Hospital in Manhattan. He nomic recovery; ‘‘Straight, No Chaser.’’ was 76 and lived in Teaneck, N.J. (5) calls upon all parties to work together Mr. Lewis, the pianist, began to have ideas The cause was liver cancer, said his daugh- to assure a smooth transition to a new gov- about forming a new group, one that would ter, Chyrise Jackson. ernment; and go beyond the notion of soloists with a All the best jazz musicians know how to (6) calls for the People’s Consultative As- rhythm section. He had an extensive knowl- take their time, and Mr. Jackson was no dif- sembly (MPR) to ratify the results of the edge of classical music, had been involved in ferent. Originally a singer in a Detroit gospel popular consultation in East Timor as expe- the sessions with Miles Davis and Gerry Mul- quartet, he created a new sound in the 1940’s ditiously as possible. ligan that would become known as ‘‘Birth of by slowing down the motor on his Deagan the Cool,’’ and he envisioned a more delib- f Vibraharp’s oscillator to a third of the speed erately formal feeling for a small band. In of Lionel Hampton’s; a result, when he chose 1952 the Modern Jazz Quartet began, with IN TRIBUTE TO JAZZ GREAT MILT to let a sustained note ring, was a rich, warm Clark as drummer and Percy Heath as bass- JACKSON smoky sound, with a vibrato that approxi- ist. Connie Kay replaced Clarke in 1955. After mated his own singing. a while, Mr. Lewis became the group’s musi- ‘‘He came closer than anyone else on the cal director. HON. JOHN CONYERS, JR. instrument to making it sound like the The group wore tailored suits and prac- OF MICHIGAN human voice,’’ said the young vibraphonist ticed every aspect of their public presen- IN THE HOUSE OF REPRESENTATIVES Stefon Harris yesterday. ‘‘It’s a collection of tation, from walking on stage to making in- Tuesday, October 12, 1999 metal and iron, and we don’t have the ability troductions to the powerfully subdued ar- to bend notes and make vocal inflections rangements in their playing. They wanted to Mr. CONYERS. Mr. Speaker, I rise to pay like a saxophone. But Milt played the instru- bring back to jazz the sense of high bearing tribute to jazz great, Milt Jackson. Milt Jackson ment in the most organic way possible—with it had been losing as the popularity of the

VerDate 1299 06:10 Oct 13, 1999 Jkt 079060 PO 00000 Frm 00006 Fmt 0626 Sfmt 0634 E:\CR\FM\A12OC8.014 pfrm04 PsN: E12PT1 October 12, 1999 CONGRESSIONAL RECORD — Extensions of Remarks E2077 big bands was slipping and jazz became more the band; in a recent interview Mr. Jackson the Pablo label during the 1970’s and 1980’s of a music predicated on the casual jam-ses- said he felt that Mr. Lewis suppressed the with Mr. Brown on bass, as well as Gillespie, sion. Through two decades of immaculately group’s sense of swing. In 1974 he left, dis- Count Basie, Oscar Peterson and others. In conceived and recorded albums on Atlantic solving the band until it reunited for the 1992 he began a series of albums produced by Records, beginning in 1956, their vision was first of several tours in the 1980’s. Mr. Kay Quincy Jones for the Qwest label; the most borne out. Initially, they found that audi- died in 1994, and the Modern Jazz Quartet, ences were somewhat startled by the author- with Mickey Roker sitting in for him, gave recent, from this year, was ‘‘Explosive!,’’ re- ity of their quietness; eventually the group its last performance the following year. corded with the Clayton-Hamilton Jazz Or- would be one of the few jazz bands embraced Besides being widely acknowledged as one chestra. The last collaboration with Mr. by an audience much wider than jazz fans. of the music’s greatest improvisers, Mr. Brown and Mr. Peterson, ‘‘The Very Tall Mr. Lewis economized, playing small Jackson wrote a lot of music—most fa- Band,’’ was issued this year by Telarc. chords and creating a light but sturdy frame- mously the blues pieces ‘‘Bags’ Groove,’’ work for the music, and Mr. Jackson was the ‘‘Bluesology’’ and ‘‘The Cylinder.’’ He re- In addition to his daughter, of Fort Lee, expansive foil, letting his tempos crest and corded widely. He made small-group and or- N.J., he is survived by his wife, Sandra, of fall, luxuriating in the passing tones and chestral records in the early 1960’s, collabo- Teaneck, and three brothers: Alvin, of quick, curled runs of bebop. It was often sup- ration albums with John Coltrane and Ray Queens, and Wilbur and James, both of De- posed that he grew frustrated with his role in Charles, and a large number of records on troit.

VerDate 1299 06:10 Oct 13, 1999 Jkt 079060 PO 00000 Frm 00007 Fmt 0626 Sfmt 0634 E:\CR\FM\A12OC8.017 pfrm04 PsN: E12PT1 Tuesday, October 12, 1999 Daily Digest Senate ther debate on the conference report. Subsequently, Chamber Action the vote on the second motion to close further de- Routine Proceedings, pages S12329–S12447 bate on the conference report was withdrawn. Measures Introduced: Four bills and one resolution Pages S12419±20 were introduced, as follows: S. 1716–1719, and S. A unanimous-consent agreement was reached pro- Res. 201. Page S12421 viding for further consideration of the conference re- Measures Passed: port on Wednesday, October 13, 1999, with a vote on adoption to occur thereon. Page S12420 Congratulating Hank Aaron on Home Run Record: Senate agreed to S. Res. 201, congratulating Messages From the President: Senate received the Henry ‘‘Hank’’ Aaron on the 25th anniversary of following message from the President of the United breaking the major league baseball career home run States: record established by Babe Ruth and recognizing A message from the President of the United States him as one of the greatest baseball players of all transmitting a report relative to operation of the time. Page S12442 Caribbean Basin Economic Recovery Act; referred to Comprehensive Nuclear Test Ban Treaty: Senate the Committee on Finance. (PM–63). Page S12420 resumed consideration of the resolution of ratifica- Nominations Received: Senate received the fol- tion to the Comprehensive Nuclear Test-Ban Treaty, lowing nominations: opened for signature and signed by the United States at New York on September 24, 1996 (Treaty Doc. 3 Army nominations in the rank of general. 105–28); treaty includes two Annexes, a Protocol, Routine lists in the Air Force, Army, Coast and two Annexes to the Protocol, taking action on Guard, Marine Corps. Pages S12443±47 the following amendment proposed thereto: Messages From the President: Page S12420 Pages S12329±S12405 Adopted: Statements on Introduced Bills: Pages S12420±26 Biden (for Daschle) Amendment No. 2291 (to Additional Cosponsors: Pages S12426±27 Resolution to Advise and Consent to Treaty Doc. 105–28), to condition the advice and consent of the Amendments Submitted: Page S12427 Senate on the six safeguards proposed by the Presi- Authority for Committees: Pages S12427±28 dent. Pages S12360±63 Additional Statements: Pages S12428±29 Agriculture Appropriations Conference Report: Senate resumed consideration of the conference re- Text of S. 1650, as Previously Passed: port on H.R. 1906, making appropriations for Agri- Pages S12429±42 culture, Rural Development, Food and Drug Admin- Record Votes: One record vote was taken today. istration, and Related Agencies for the fiscal year (Total—322) Page S12419 ending September 30, 2000. Pages S12405±20 During consideration of this measure today, Senate Adjournment: Senate convened at 9:01 a.m., and also took the following action: adjourned at 6:19 p.m., until 9:30 a.m., on Wednes- By 79 yeas to 20 nays (Vote No. 322), three-fifths day, October 13, 1999. (For Senate’s program, see of those Senators duly chosen and sworn having the remarks of the Acting Majority Leader in today’s voted in the affirmative, Senate agreed to close fur- Record on pages S12442–43.) D1117 D1118 CONGRESSIONAL RECORD — DAILY DIGEST October 12, 1999 Report, after receiving testimony from William J. Committee Meetings Perry, Special Advisor to the President on North (Committees not listed did not meet) Korea Policy, Department of State. U.S. NORTH KOREA POLICY INTELLIGENCE Committee on Foreign Relations: Subcommittee on East Select Committee on Intelligence: Committee held closed Asian and Pacific Affairs concluded hearings on the hearings on intelligence matters, receiving testimony United States policy toward North Korea, focusing from officials of the intelligence community. on the findings and recommendations of the Perry Committee recessed subject to call. h House of Representatives Naval Petroleum Reserves: Message wherein he Chamber Action transmitted his report on the continued production Bills Introduced: 6 public bills, H.R. 3057–3062; from the Naval Petroleum Reserves—referred to the and 2 resolutions, H. Con. Res. 195–196, were in- Committee on Armed Services and ordered printed troduced. Page H9899 (H. Doc. 106–142); and Page H9828 Reports Filed: Reports were filed today as follows: Caribbean Economic Recovery Act: Message H.R. 1791, to amend title 18, United States wherein he transmitted his report on the Caribbean Code, to provide penalties for harming animals used Basin Economic Recovery Act—referred to the Com- in Federal law enforcement, amended (H. Rept. mittee on Ways and Means. Page H9877 106–372); Report on the Revised Suballocation of Budget Corrections Calendar: On the call of the Correc- Allocations for Fiscal Year 2000 (H. Rept. tions Calendar, the House passed H.R. 576, to 106–373); amend title 4, United States Code, to add the Mar- H.R. 795, to provide for the settlement of the tin Luther King, Jr. holiday to the list of days on water rights claims of the Chippewa Cree Tribe of which the flag should especially be displayed. Subse- the Rocky Boy’s Reservation, amended (H. Rept. quently, the House passed S. 322, a similar Senate- 106–374); passed bill—clearing the measure for the President. H. Res. 326, waiving points of order against the H.R. 576 was then laid upon the table. conference report to accompany the bill H.R. 2561, Pages H9828±31 making appropriations for the Department of De- Suspensions: The House agreed to suspend the rules fense for the fiscal year ending September 30, 2000 and pass the following measures: (H. Rept. 106–375); and Federal Law Enforcement Animal Protection H. Res. 327, providing for consideration of the Act: H.R. 1791, amended, to amend title 18, bill (H.R. 1993) to reauthorize the Overseas Private Investment Corporation and the Trade and Develop- United States Code, to provide penalties for harming animals used in Federal law enforcement; ment Agency (H. Rept. 106–376). Pages H9898±99 Pages H9831±33 Speaker Pro Tempore: Read a letter from the Speaker wherein he designated Representative Designating the William H. Avery Post Office: Biggert to act as Speaker pro tempore for today. H.R. 2591, to designate the United States Post Of- Page H9823 fice located at 713 Elm Street in Wakefield, Kansas, as the ‘‘William H. Avery Post Office’’; Guest Chaplain: The prayer was offered by the Pages H9833±35 guest Chaplain, Rev. Dr. Karl P. Donfried of North- ampton, Massachusetts. Page H9827 Designating the Dizzy Dean Post Office: H.R. 2460, to designate the United States Post Office lo- Recess: The House recessed at 1:02 p.m. and recon- cated at 125 Border Avenue West in Wiggins, Mis- vened at 2:00 p.m. Page H9826 sissippi, as the ‘‘Jay Hanna ‘Dizzy’ Dean Post Of- Presidential Messages: Read the following mes- fice’’; Pages H9835±37 sages from the President: October 12, 1999 CONGRESSIONAL RECORD — DAILY DIGEST D1119 Designating the Louise Stokes Post Office: H.R. H.R. 3036, amended, to provide for interim con- 2357, to designate the United States Post Office lo- tinuation of administration of motor carrier functions cated at 3675 Warrensville Center Road in Shaker by the Federal Highway Administration. Agreed to Heights, Ohio, as the ‘‘Louise Stokes Post Office’’; amend the title; Pages H9872±75 Pages H9837±39 Urging that Classrooms Receive 95% of Federal Designating the Augustus F. Hawkins Post Of- Education Dollars: H. Res. 303, amended, express- fice Building: H.R. 643, to redesignate the Federal ing the sense of the House of Representatives urging building located at 10301 South Compton Avenue, that 95 percent of Federal education dollars be spent in Los Angeles, California, and known as the Watts in the classroom (agreed to by a yea and nay vote Finance Office, as the ‘‘Augustus F. Hawkins Post of 421 yeas to 5 nays, Roll No. 491); Office Building’’; Pages H9839±40 Pages H9843±47, H9875±76 Designating the John K. Rafferty Hamilton Wireless Communications and Public Safety Post Office Building: H.R. 1374, amended, to des- Act: S. 800, to promote and enhance public safety ignate the United States Post Office building located through the use of 9–1–1 as the universal emergency at 680 State Highway 130 in Hamilton, New Jersey, assistance number, further deployment of wireless as the ‘‘John K. Rafferty Hamilton Post Office 9–1–1 service, support of States in upgrading 9–1–1 Building’’. Agreed to amend the title; Pages H9841±43 capabilities and related functions, encouragement of Father Theodore H. Hesburgh Congressional construction and operation of seamless, ubiquitous, Gold Medal Act: H.R. 1932, to authorize the Presi- and reliable networks for personal wireless services dent to award a gold medal on behalf of the Con- (passed by a yea and nay vote of 424 yeas to 2 nays, gress to Father Theodore M. Hesburgh, in recogni- Roll No. 492)—clearing the measure for the presi- tion of his outstanding and enduring contributions dent; and Pages H9858±63, H9876 to civil rights, higher education, the Catholic Hillory T. Farias Date-Rape Prevention Drug Church, the Nation, and the global community; Act: H.R. 2130, amended, to amend the Controlled Pages H9847±53 Substances Act to add gamma hydroxybutyric acid Upper Delaware Scenic and Recreational River and ketamine to the schedules of control substances, Mongaup Visitor Center Act: H.R. 20, to authorize to provide for a national awareness campaign (passed the Secretary of the Interior to construct and operate by a yea and nay vote of 423 yeas with 1 voting a visitor center for the Upper Delaware Scenic and ‘‘nay’’, Roll No. 493). Agreed to amend the title. Recreational River on land owned by the State of Pages H9863±72, H9876±77 New York; Pages H9853±54 Senate Messages: Message received from the Senate Lamprey Wild and Scenic River Extension Act: appears on page H9823. H.R. 1615, to amend the Wild and Scenic Rivers Amendments Ordered Printed: Amendments or- Act to extend the designation of a portion of the dered printed pursuant to the rule appear on pages Lamprey River in New Hampshire as a recreational H9899–H9901. river to include an additional river segment; Referrals: S. 1567 and S. 1595 were referred to the Pages H9854±55 Committee on Transportation and Infrastructure. Wilderness Battlefield, Virginia Land Acquisi- Page H9897 tion: H.R. 1665, amended, to allow the National Quorum Calls—Votes: Three yea and nay votes de- Park Service to acquire certain land for addition to veloped during the proceedings of the House today the Wilderness Battlefield in Virginia, as previously and appear on pages H9875–76, H9876, and authorized by law, by purchase or exchange as well H9876–77. There were no quorum calls. as by donation; Pages H9855±57 Adjournment: The House met at 12:30 p.m. and Keweenaw National Historic Parks Advisory adjourned at 11:23 p.m. Commission: H.R. 748, amended, to amend the Act that established the Keweenaw National Historical Park to require the Secretary of the Interior to con- Committee Meetings sider nominees of various local interests in appoint- ing members of the Keweenaw National Historical CHILDREN’S HEALTH Parks Advisory Commission. Agreed to amend the Committee on Commerce: Subcomittee on Health and title; Pages H9857±58 Environment held a hearing on Children’s Health: Continuing Administration of Motor Carrier Building Toward a Better Future. Testimony was Functions by Federal Highway Administration: heard from public witnesses. D1120 CONGRESSIONAL RECORD — DAILY DIGEST October 12, 1999 DEFENSE VACCINES vote follows a fifteen minute vote. Finally, the rule Committee on Government Reform: Held a hearing on provides one motion to recommit with or without Defense Vaccines: Force Protection or False Security? instructions. Testimony was heard from Chairman Testimony was heard from the following officials of Gilman and Representatives Manzullo and Menen- the Department of Defense: Sue Bailey, M.D., As- dez. sistant Secretary, Health Affairs; Maj. Gen. Randall f L. West, USMC, Special Assistant to the Secretary, Biological Warfare and Anthrax; and Lt. Col. Randy COMMITTEE MEETINGS FOR Randolph, USA, Director, Antrax Vaccine Immuni- WEDNESDAY, OCTOBER 13, 1999 zation Program Agency; Cedric E. Dumont, M.D., (Committee meetings are open unless otherwise indicated) Medical Director, Office of Medical Services, Depart- ment of State; Kathryn C. Zoon, Director, Center for Senate Biologics, Evaluation and Research, FDA, Depart- Committee on Armed Services: Subcommittee on Seapower, ment of Health and Human Services; Kwai-Cheung to hold hearings on the force structure impacts on fleet Chan, Director, Special Studies and Evaluation, and strategic lift operations, 9:30 a.m., SR–222. GAO; and public witnesses. Committee on Energy and Natural Resources: Subcommittee OVERSIGHT on National Parks, Historic Preservation, and Recreation, to hold hearings on S. 167, to extend the authorization Committee on Resources: Held an oversight hearing on for the Upper Delaware Citizens Advisory Council and to the Collection of State Transaction Taxes by Tribal authorize construction and operation of a visitor center for Retail Enterprises. Testimony was heard from Rep- the Upper Delaware Scenic and Recreational River, New resentatives Istook, Visclosky and Sandlin; Michael J. York and Pennsylvania; S. 311, to authorize the Disabled Anderson, Deputy Assistant Secretary, Indian Affairs, Veterans’ LIFE Memorial Foundation to establish a me- Department of the Interior; and public witnesses. morial in the District of Columbia or its environs; S. 497, to designate Great Kills Park in the Gateway Na- CONFERENCE REPORT—DEPARTMENT OF tional Recreation Area as ‘‘World War II Veterans Park DEFENSE APPROPRIATIONS at Great Kills’’; H.R. 592, to redesignate Great Kills Park in the Gateway National Recreation Area as ‘‘World Committee on Rules: Granted, by voice vote, a rule War II Veterans Park at Great Kills’’; S. 919, to amend waiving all points of order against the conference re- the Quinebaug and Shetucket Rivers Valley National port to accompany H.R. 2561, making appropria- Heritage Corridor Act of 1994 to expand the boundaries tions for the Department of Defense for the fiscal of the Corridor; H.R. 1619, to amend the Quinebaug and year ending September 30, 2000, and against is con- Shetucket Rivers Valley National Heritage Corridor Act sideration. The rule provides that the conference re- of 1994 to expand the boundaries of the Corridor; S. port shall be considered as read. Testimony was 1296, to designate portions of the lower Delaware River heard from Representatives Lewis of California and and associated tributaries as a component of the National Representatives Obey and Murtha. Wild and Scenic Rivers System; S. 1366, to authorize the Secretary of the Interior to construct and operate a visitor EXPORT ENHANCEMENT ACT center for the Upper Delaware Scenic and Recreation Committee on Rules: Granted, by voice vote, a modi- River on land owned by the New York State; and S. 1569, to amend the Wild and Scenic Rivers Act to des- fied open rule, providing 1 hour of general debate ignate segments of the Taunton River in the Common- on H.R. 1993, Export Enhancement Act of 1999. wealth of Massachusetts for study for potential addition The rule makes in order the Committee on Inter- to the National Wild and Scenic Rivers System, 2:30 national Relations amendment in the nature of a p.m., SD–366. substitute which shall be considered as an original Committee on Environment and Public Works: to hold hear- bill for the purpose of amendment. The rule provides ings on S. 669, to amend the Federal Water Pollution that the amendment in the nature of a substitute Control Act to ensure compliance by Federal facilities shall be open to amendment by section. The rule with pollution control requirements; and S. 188, to provides for the consideration of pro forma amend- amend the Federal Water Pollution Control Act to au- ments and those amendments pre-printed in the thorize the use of State revolving loan funds for construc- Congressional Record prior to their consideration, tion of water conservation and quality improvements, 10 a.m., SD–406. which may be offered only by the Member who Committee on Finance: Subcommittee on Health Care, to caused it to be printed or his designee, and shall be hold hearings on S. 1327, to amend part E of title IV considered as read. The rule allows the Chairman of of the Social Security Act to provide States with more the Committee of the Whole to postpone votes dur- funding and greater flexibility in carrying out programs ing consideration of the bill and to reduce voting designed to help children make the transition from foster time to five minutes on a postponed question if the care to self-sufficiency, 2:30 p.m., SD–215. October 12, 1999 CONGRESSIONAL RECORD — DAILY DIGEST D1121

Committee on Foreign Relations: Subcommittee on Euro- hearing on a measure to amend the Presidential Transi- pean Affairs, to hold hearings to examine expanding elec- tion Act of 1963, 10 a.m., 2154 Rayburn. tronic commerce between Europe and the United States, Subcommittee on National Security, Veterans Affairs 10:15 a.m., SD–419. and International Relations, oversight hearing of the Committee on Health, Education, Labor, and Pensions: to Inter-American Foundation, 10 a.m., 2247 Rayburn. hold hearings to examine pain management and improv- Committee on International Relations, hearing on U.S. Pol- ing end of life care, 9:30 a.m., SD–430. icy Toward North Korea I: Perry Review, 10 a.m., 2172 Committee on Indian Affairs: to hold hearings on S. Rayburn. 1507, to authorize the integration and consolidation of Subcommittee on International Economic Policy and alcohol and substance programs and services provided by Trade, hearing on Violations of Intellectual Property Indian tribal governments, 9:30 a.m., SR–485. Rights: How Do We Protect American Ingenuity? 1:30 Special Committee on the Year 2000 Technology Problem: to hold hearings on international year 2000 issues, 9:30 p.m., 2172 Rayburn. a.m., SD–192. Committee on the Judiciary, to mark up the following bills: H.R. 1801, Antitrust Technical Corrections Act of House 1999; H.R. 3028, Trademark Cyberpiracy Prevention Committee on Armed Services, hearing on U.S. national Act; H.R. 1714, Electronic Signatures in Global and Na- missile defense policy and the Anti-Ballistic Missile Trea- tional Commerce Act; H.R. 1887, to amend title 18, ty, 10 a.m., 2118 Rayburn. United States Code, to punish the depiction of animal Committee on Commerce, to mark up the following: H.R. cruelty; and H.R. 1869, Stalking Prevention and Victim 2580, Land Recycling Act of 1999; H.R. 2634, Drug Protection Act of 1999, 10 a.m., 2141 Rayburn. Addiction Treatment Act of 1999; H. Res. 278, express- Committee on Resources, hearing on the following bills: ing the sense of the House of Representatives regarding H.R. 2804, Alaska Federal Lands Management Dem- the importance of education, early detection and treat- onstration Project; and H.R. 3013, to amend the Alaska ment, and other efforts in the fight against breast cancer; Native Claims Settlement Act to allow shareholder com- H.R. 2418, Organ Procurement and Transplantation Net- mon stock to be transferred to adopted Alaska Native work Amendments of 1999; H.R. 2260, Pain Relief Pro- children and their descendants, 11 a.m., 1324 Longworth. motion Act of 1999; and H.R. 11, to amend the Clean Committee on Rules, to consider H.R. 2679, Motor Car- Air Act to permit the exclusive application of California rier Safely Act of 1999, 3 p.m., H–313 Capitol. State regulations regarding reformulated gas in certain Committee on Science, Subcommittee on Space and Aero- areas within the State, 10 a.m., 2123 Rayburn. nautics, hearing on Commercial Spaceplanes, 2 p.m., Committee on Education and the Workforce, to continue 2318 Rayburn. mark up of H.R. 2, Students Results Act; and to mark Committee on Ways and Means, Subcommittee on up the following measures: H.R. 2300, Academic Human Resources, to mark up the Fathers Count Act of Achievement for All Act (Straight A’s Act); and H. Res. 1999, 10 a.m., B–318 Rayburn. 393, expressing the sense of the House of Representatives urging that 95 percent of Federal education dollars be Permanent Select Committee on Intelligence, executive brief- spent in the classroom, 10 a.m., 2175 Rayburn. ing on the FBI’s Reexamination of Matters Pertaining to Committee on Government Reform, Subcommittee on Gov- the Likely PRC Theft of U.S. Nuclear Secrets, 2 p.m., ernment Management, Information, and Technology, H–405 Capitol. D1122 CONGRESSIONAL RECORD — DAILY DIGEST October 12, 1999

Next Meeting of the SENATE Next Meeting of the HOUSE OF REPRESENTATIVES 9:30 a.m., Wednesday, October 13 10 a.m., Wednesday, October 13

Senate Chamber House Chamber Program for Wednesday: Senate will resume consider- Program for Wednesday: Consideration of the con- ation of the conference report on H.R. 1906, Agriculture ference report on H.R. 2561, Department of Defense Ap- Appropriations, with a vote on adoption to occur thereon. propriations Act, 2000 (rule waives all points of order); Also, Senate will resume consideration of the Com- and prehensive Nuclear Test Ban Treaty (Treaty Doc. Consideration of H.R. 1993, Export Enhancement Act 105–28), and any conference reports when available. of 1999 (modified open rule, one hour of general debate).

Extensions of Remarks, as inserted in this issue

HOUSE Gejdenson, Sam, Conn., E2071 McInnis, Scott, Colo., E2072, E2074, E2075 Gilman, Benjamin A., N.Y., E2072, E2075 Moore, Dennis, Kans., E2073 Andrews, Robert E., N.J., E2073 Jones, Stephanie Tubbs, Ohio, E2073 Pallone, Frank, Jr., N.J., E2071 Calvert, Ken, Calif., E2074 Jones, Walter B., N.C., E2071 Sanchez, Loretta, Calif., E2074 Conyers, John, Jr., Mich., E2076 Kucinich, Dennis J., Ohio, E2073, E2075 Sweeney, John E., N.Y., E2072 DeLauro, Rosa L., Conn., E2075 McGovern, James P., Mass., E2073

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