Senate THURSDAY, FEBRUARY 24, 2000

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

Vol. 146 WASHINGTON, THURSDAY, FEBRUARY 24, 2000 No. 18 House of Representatives The House was not in session today. Its next meeting will be held on Tuesday, February 29, 2000, at 12:30 p.m. Senate THURSDAY, FEBRUARY 24, 2000

The Senate met at 11:30 a.m. and was give thanks to You, O Lord, and all Mr. REID. Mr. President, before the called to order by the President pro Your faithful shall bless You.’’ In the roll is called, I would like to make a tempore [Mr. THURMOND]. gracious name of the one, holy, right- comment. The PRESIDENT pro tempore. To- eous, and eternal God, our Creator, Re- Representative James Garfield, who day’s prayer will be offered by our deemer, and Sustainer, we pray. Amen. later became President of the United guest Chaplain, the Rev. Allen Fisher, f States, in trying to get a bill through Presbyterian Church, Fredericksburg, Congress, said in a letter to an adviser: PLEDGE OF ALLEGIANCE VA. We are pleased to have you with When the shadow of the Presidential and us. The Honorable MIKE CRAPO, a Sen- Congressional election is lifted, we shall, I ator from the State of Idaho, led the hope, be in a better temper to legislate. PRAYER Pledge of Allegiance as follows: I hope that we would all keep that in The guest Chaplain, Rev. Allen Fish- I pledge allegiance to the Flag of the mind. We have congressional elections er, offered the following prayer: United States of America, and to the Repub- and we have a Presidential election up- We rejoice to thank and praise You lic for which it stands, one nation under God, coming. I hope we can work our way this day, O God our Maker, Creator of indivisible, with liberty and justice for all. through to get to some of the issues we the ends of the universe. You are the The PRESIDING OFFICER (Mr. need to be talking about. I hope that source of every good and perfect gift, GRAMS). The Senator from Kansas is the majority would allow us, if we are the Fount of every blessing, the Heart recognized. going to talk about education, to go to of every noble thought, every kind Mr. BROWNBACK. I thank the Chair. an education bill and offer amend- deed, or merciful act. f ments and work our way through the We thank You today for all those SCHEDULE process. The fact that we are in the whom we rarely notice, people who midst of Presidential primaries and share Your care, who reflect Your Mr. BROWNBACK. Mr. President, congressional elections coming should faithfulness. We thank You for the peo- today the Senate will immediately pro- not prevent us from going to the things ple who bus our tables, who haul our ceed to a rollcall vote on final passage we need to be doing. Education is cer- trash, who clean our offices, who drive of H.R. 1883, the Iran Nonproliferation tainly one of them. I hope we could do our children, who deliver our mail, Act of 1999. Following the vote, the that in a full and fair debate on edu- with little thought for the great issues Senate will resume consideration of S. cation. of our age but with deep gratitude for 1134, the education savings account leg- the abiding gifts You give. For food islation. It is hoped that an agreement f and drink, heartbeat and breath, laugh- regarding relevant amendments will be RESERVATION OF LEADER TIME ter and tears, for covenants kept and made in order to have a substantive de- The PRESIDING OFFICER. Under promises lived in humility and service bate on that tax legislation. the previous order, leadership time is to others, we praise You, O God of In addition, the Senate may consider reserved. other legislative or executive items steadfast love. f Remind us, faithful God, that we who available for action; therefore, Sen- lead may also serve after the example ators can expect further votes this IRAN NONPROLIFERATION ACT OF of one who came not to be served but afternoon. As previously announced, 1999—Resumed to serve. Use the service of our lives there will be no votes on Friday. I Mr. BROWNBACK. Mr. President, I and the work of this body for the build- thank my colleagues for their atten- ask for the yeas and nays on the pas- ing up of the common good in this tion. sage of H.R. 1883. most blessed Nation. Speed us toward The PRESIDING OFFICER. The Sen- The PRESIDING OFFICER. The yeas the day when ‘‘all Your works shall ator from Nevada. and nays have been requested. Is there

∑ 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 23:31 Dec 04, 2013 Jkt 081600 PO 00000 Frm 00001 Fmt 4637 Sfmt 0634 E:\2000SENATE\S24FE0.REC S24FE0 mmaher on DSKCGSP4G1 with SOCIALSECURITY S756 CONGRESSIONAL RECORD — SENATE February 24, 2000 a sufficient second? There appears to significantly to its ability to develop no question of Russia’s technical com- be. nuclear, chemical or biological weap- petence. But I have strong concerns The yeas and nays were ordered. ons or ballistic or cruise missiles. about its failure to meet its end of the The PRESIDING OFFICER. The This legislation provides the Admin- bargain. Russia has not adequately question is on the engrossment and istration with useful tools to combat funded its share of the space station, third reading of the bill. the spread of dangerous weapons tech- resulting in delays and a cloud of un- The bill was ordered to be engrossed nology and to discourage nuclear pro- certainty that hovers over the entire for a third reading and was read the liferation. It also enhances U.S. efforts program. third time. to monitor Iranian proliferation. Even more troubling is Russia’s role Mr. GORTON. Mr. President, I want This legislation demonstrates our in the proliferation of weapons of mass to express my ardent support for pas- commitment to prevent the prolifera- destruction. Russia has exported tech- sage of the Iran Nonproliferation Act. tion of dangerous nuclear weapons to nology, material and expertise to help It is very likely that this legislation countries that threaten our national Iran develop ballistic missiles. These will pass the Senate by a margin security as well as the security of al- missiles could carry chemical, nuclear matching or nearing the unanimous 419 lies—such as Israel and Europe. The or biological weapons—which could to 0 vote in the House of Representa- Middle East is of vital strategic impor- reach any target within about 800 miles tives last September. tance to the U.S.—and our interests of Iran. The importance of this legislation and Israel’s security are threatened by Russia’s former Prime Minister should not be lost amid the widespread the continuing build-up of advanced Chernomyrdin promised to end this as- acclamation with which it will be sent conventional weapons by ‘rogue resistance. We need to make sure the new to the President. This bill is aimed at gimes’ in the region. For this reason, Russian government fulfills this prom- controlling the transfer or sale of tech- U.S. support for Israel must go beyond ise. I recognize that Acting Russian nology and expertise to Iran, especially economic and military aid to Israel—it President Vladmir Putin has been re- from Russia, that will assist in its de- must meet the very real challenges ceptive to restricting companies that velopment of weapons of mass destruc- that will face Israel and the United sell missile technology and equipment tion and missiles designed to deliver States in this new century, such as to Iran. I hope his intentions are trans- these weapons. limiting the threats of weapons of mass lated into action. Otherwise, our co- This is a very real, very well-docu- destruction. It is well documented that operation with Russia—both in space mented and very serious security con- technology provided to Iran increases and elsewhere—may end. cern for the United States and Israel, its ability to develop its own inter- We live in a dangerous world—where our nation’s most-trusted ally in the mediate range ballistic missile that is terrorists and rogue nations are devel- Middle East. The Central Intelligence capable of reaching Israel as well as oping the most repugnant weapons of Agency has reported Iran has the capa- our European allies. By limiting Iran’s mass destruction. Our action today bility to launch a missile that will access to such technology we can bet- will send a clear message to our allies reach Israel, and it is well known that ter protect these countries as well as and to our adversaries. By coming to- Iran is pursuing development of nu- our own troops in the Middle East and gether to support this bipartisan legis- clear, chemical and biological weap- Europe. lation, we will demonstrate our unified onry. The people of Iran demonstrated in commitment to limit nuclear prolifera- The Iran Nonproliferation Act pro- their recent elections an overriding de- tion and to create a safer more stable vides for biannual reports on who sire to move away from the extremism world. around the world is transferring proof the previous government toward re- The PRESIDING OFFICER. Under hibited technology or information to form and moderation in the future— the previous order, the Senate will now Iran, and allows the President to take but it is too early to tell what this vote on passage of H.R. 1883. action against persons or entities change will mean in practice. I hope The yeas and nays have been ordered. found to be engaged in such activity. that it is a sign that Iran will end its The clerk will call the roll. This bill also includes new steps to en- missile program and its support for The legislative clerk called the roll. sure the Russian Space Agency, which international terrorism. But despite Mr. NICKLES. I announce that the is a partner with NASA in the Inter- this positive step, the Iran Non- Senator from Arizona (Mr. MCCAIN) is national Space Station project, is com- proliferation Act is still vital to com- necessarily absent. plying with Russia’s official Iran anti- bat the spread of dangerous weapons Mr. REID. I announce that the Sen- proliferation policy. technology and, in particular, to mon- ator from Montana (Mr. BAUCUS) is Media reports on the Iran election, itor nuclear weapons proliferation to necessarily absent. held only days ago, show an encour- Iran. The PRESIDING OFFICER. Are there aging shift in the attitudes of the Ira- This legislation also sends a strong any other Senators in the Chamber nian people, a trend that we should ap- message to Russia that U.S. aid and who desire to vote? plaud and encourage. Unfortunately, scientific collaboration will be limited The result was announced—yeas 98, the structure of the Iranian govern- if Russia doesn’t stop missile prolifera- nays 0, as follows: ment and its police services may well tion to Iran. U.S. funding will be sub- [Rollcall Vote No. 12 Leg.] frustrate the will of the Iranian people, stantially limited unless the President YEAS—98 and the quest of its armed forces for certifies that the Russian Space Agen- weapon and missile technology pro- Abraham Craig Helms cy is not transferring technology to Akaka Crapo Hollings ceeds apace. I look forward to the day Iran. Allard Daschle Hutchinson on which Iran will be a good and peace- As the ranking member of the VA– Ashcroft DeWine Hutchison ful neighbor. That day may be closer, HUD subcommittee that funds the Bayh Dodd Inhofe Bennett Domenici Inouye but it has not yet arrived. space program, I have been a strong Biden Dorgan Jeffords This bill is a necessary step towards supporter of the International Space Bingaman Durbin Johnson our goal of nonproliferation and cer- Station. I supported Russia’s participa- Bond Edwards Kennedy tainly merits a high level of bipartisan tion in the space program for three rea- Boxer Enzi Kerrey Breaux Feingold Kerry support, as well as the signature of sons: Brownback Feinstein Kohl President Clinton. One, their technical expertise; Bryan Fitzgerald Kyl Ms. MIKULSKI. Mr. President, I rise Two, to build stronger links between Bunning Frist Landrieu to support the Iran Nonproliferation Burns Gorton Lautenberg the United States and Russia; and Byrd Graham Leahy Act. Three, to ensure that Russian sci- Campbell Gramm Levin We are faced with an historic oppor- entists and engineers had civilian Chafee, L. Grams Lieberman tunity to send a strong message to na- work—so they would not sell their Cleland Grassley Lincoln Cochran Gregg Lott tions around the world—we will not sit skills to rogue governments. Collins Hagel Lugar by idle as goods, services or technology Russia has failed to live up to its Conrad Harkin Mack are transferred to Iran that contribute promises on the space station. I have Coverdell Hatch McConnell

VerDate Mar 15 2010 23:31 Dec 04, 2013 Jkt 081600 PO 00000 Frm 00002 Fmt 4637 Sfmt 0634 E:\2000SENATE\S24FE0.REC S24FE0 mmaher on DSKCGSP4G1 with SOCIALSECURITY February 24, 2000 CONGRESSIONAL RECORD — SENATE S757 Mikulski Roth Stevens ments on these nominations, and he in- utation. As an experienced litigator, Moynihan Santorum Thomas dicated he would make those after the Mr. Bye also has a full understanding Murkowski Sarbanes Thompson Murray Schumer Thurmond vote. of the appropriate role of the judiciary. Nickles Sessions Torricelli The PRESIDING OFFICER. Without My colleague, Senator DORGAN, and I Reed Shelby Voinovich objection, it is so ordered. have heard from individuals across our Reid Smith (NH) Warner Mr. REID. Mr. President, if the lead- home state, from both sides of the aisle Robb Smith (OR) Wellstone Roberts Snowe er will yield, is the leader agreeable to Wyden and from all sections of the legal com- Rockefeller Specter extending morning business until 2 munity, recommending Mr. Bye for NOT VOTING—2 o’clock? this position. According to his col- Baucus McCain Mr. LOTT. Absolutely. I have no leagues and fellow bar members, Mr. problem with that. Bye is a man of great character and The bill (H.R. 1883), as amended, was Mr. REID. I thank the majority lead- qualifications. passed. er. One of his supporters is Judge Frank Mr. LOTT. Mr. President, I move to Mr. LOTT. Mr. President, I ask for Magill, who Mr. Bye has been nomi- reconsider the vote, and I move to lay the yeas and nays on the nominations. nated to succeed on the Eighth Circuit. that motion on the table. The PRESIDING OFFICER. Is there a Judge Magill has been on senior status The motion to lay on the table was sufficient second? since April 1, 1997, and was appointed agreed to. There is a sufficient second. to the Eighth Circuit by President f The yeas and nays were ordered. Reagan in 1986. He states in a letter to EXECUTIVE SESSION f Senator HATCH: ‘‘I have had a longtime NOMINATION OF KERMIT BYE, OF professional association with Kermit NORTH DAKOTA, TO BE UNITED Bye. His professional competence and UNANIMOUS CONSENT STATES CIRCUIT JUDGE FOR integrity are of the highest order. He AGREEMENT THE EIGHTH CIRCUIT has several decades of trial experience. I know from personal experiences that Mr. LOTT. Mr. President, I ask unan- The PRESIDING OFFICER. The he will be an easy fit for your criterion imous consent that the Senate proceed nomination will be stated. of judicial temperament.’’ to executive session for the consider- The assistant legislative clerk read Mr. President, I am confident that ation of Executive Calendar No. 407, the nomination of Kermit Bye, of Mr. Bye will be an outstanding addi- Kermit Bye to be a United States Cir- North Dakota, to be a United States tion to the federal bench. I support his cuit Judge, and further, that a vote Circuit Judge for the Eighth Circuit. confirmation and yield the floor. occur on the nomination, immediately Mr. CONRAD. Mr. President, I rise The PRESIDING OFFICER. The to be followed by a vote on Calendar today to recommend the confirmation question is, Will the Senate advise and No. 409, George Daniels to be a United of Kermit Bye for the Eighth Circuit consent to the nomination of Kermit States District Judge, and following Court of Appeals, and I ask my col- Bye, of North Dakota, to be a United those back-to-back votes, the Presi- leagues to join me and Senator DORGAN States Circuit Judge for the Eighth dent be notified of the Senate’s action in supporting his nomination. Circuit? On this question, the yeas and and the Senate then resume legislative Kermit Bye is a native North Dako- nays have been ordered, and the clerk session. tan. He was born in the middle of a will call the roll. The PRESIDING OFFICER. Without North Dakota blizzard, in a railroad The assistant legislative clerk called objection, it is so ordered. section house in Hatton, North Dakota. the roll. Mr. LOTT. Mr. President, I ask unan- He has distinguished himself in his ca- Mr. NICKLES. I announce that the imous consent that it be in order for reer, and is widely recognized as one of Senator from Arizona (Mr. MCCAIN) is me to ask for the yeas and nays en bloc the best trial lawyers in our state. necessarily absent. on these confirmations. Kermit Bye will be an excellent addi- Mr. REID. I announce that the Sen- The PRESIDING OFFICER. Without tion to the federal judiciary, and he ator from Montana (Mr. BAUCUS) is objection, it is so ordered. has my strong support. necessarily absent. Mr. LOTT. Mr. President, I know Kermit Bye would bring a wide range The PRESIDING OFFICER. Are there there are a number of Senators who of experiences to the bench. Before re- any other Senators in the Chamber de- wish to speak in morning business. ceiving his law degree from the Univer- siring to vote? After we have this en bloc vote, we will sity of North Dakota in 1962, he worked The yeas and nays resulted—yeas 98, put in a time for morning business. I as a milk truck driver, a radio adver- nays 0, as follows: see Senator SPECTER, and Senator STE- tising salesman, and in catalog sales at [Rollcall Vote No. 13 Ex.] VENS wants to speak, and probably Sen- Montgomery Wards. ators on the other side do. We will put Soon after completing law school, YEAS—98 in probably an hour, from 12:30 until Mr. Bye worked as North Dakota Dep- Abraham Dorgan Kyl Akaka Durbin Landrieu approximately 1:30, so Senators can uty Securities Commissioner, and later Allard Edwards Lautenberg speak on a number of subjects. served as Assistant United States At- Ashcroft Enzi Leahy Mr. LEAHY. Mr. President, if the torney for the District of North Da- Bayh Feingold Levin majority leader will yield, after the kota. Bennett Feinstein Lieberman Biden Fitzgerald Lincoln votes on the judges, may it be in order Since 1968, Mr. Bye has worked for Bingaman Frist Lott that Chairman HATCH and I be recog- the Vogel Law Firm and was named Bond Gorton Lugar nized for a couple minutes on the nomi- President of the firm in 1981. Mr. Bye Boxer Graham Mack Breaux Gramm McConnell nations that had been voted on? has over 30 years of experience in Fed- Brownback Grams Mikulski Mr. LOTT. Is Senator HATCH here? eral and state trial and appellate liti- Bryan Grassley Moynihan Mr. LEAHY. I was asking for myself, gation. His long and distinguished ca- Bunning Gregg Murkowski but I thought as a matter of courtesy I reer includes representing individual Burns Hagel Murray Byrd Harkin Nickles should include the chairman. and corporate clients. He has tried Campbell Hatch Reed Mr. LOTT. I think that is a reason- more than 100 cases, representing both Chafee, L. Helms Reid able request. We need to have the vote plaintiffs and defendants. He has also Cleland Hollings Robb Cochran Hutchinson Roberts as soon as we can. Senators are pre- argued numerous appeals, including Collins Hutchison Rockefeller pared to vote. more than 20 before the Eighth Circuit. Conrad Inhofe Roth Mr. President, I amend my request Mr. Bye has served on the Board of Coverdell Inouye Santorum and ask unanimous consent that we Governors and as the President of the Craig Jeffords Sarbanes Crapo Johnson Schumer have 2 minutes for the chairman and 2 State Bar Association of North Da- Daschle Kennedy Sessions minutes for the ranking member fol- kota. DeWine Kerrey Shelby lowing votes. I note that Senator Through his broad experience and Dodd Kerry Smith (NH) Domenici Kohl Smith (OR) INHOFE will probably have some com- success he has earned an excellent rep-

VerDate Mar 15 2010 23:31 Dec 04, 2013 Jkt 081600 PO 00000 Frm 00003 Fmt 4637 Sfmt 0634 E:\2000SENATE\S24FE0.REC S24FE0 mmaher on DSKCGSP4G1 with SOCIALSECURITY S758 CONGRESSIONAL RECORD — SENATE February 24, 2000 Snowe Thompson Warner The PRESIDING OFFICER. The Sen- I ask unanimous consent that all Specter Thurmond Wellstone ator from New York. amendments be relevant to the subject Stevens Torricelli Wyden Thomas Voinovich Mr. MOYNIHAN. I ask unanimous matter of education and/or education- consent to speak for 20 seconds in ad- related taxes. NOT VOTING—2 vance of the Senator from Vermont. Mr. REID addressed the Chair. Baucus McCain The PRESIDING OFFICER. Without The PRESIDING OFFICER. The Sen- The nomination was confirmed. objection, it is so ordered. ator from Nevada. f Mr. MOYNIHAN. Mr. President, I rise Mr. REID. Reserving the right to ob- NOMINATION OF GEORGE B. DAN- to express great appreciation on my ject, I say to the leader, we appreciated IELS, OF NEW YORK, TO BE part to my revered friend and col- very much the minority having the op- UNITED STATES DISTRICT league, Senator SCHUMER, and to Sen- portunity yesterday to speak about JUDGE FOR THE SOUTHERN DIS- ator LEAHY, Chairman HATCH, Senator education. We believe this is a time we TRICT OF NEW YORK LOTT, Senator DASCHLE, and all Sen- should be talking about education; it is ators for their vote confirming the that important to the American peo- The PRESIDING OFFICER. The nomination of Judge Daniels unani- clerk will now report the second nomi- ple. But this is the first amendable ve- mously. It is much appreciated. I as- hicle we have had this session. I re- nation. sure you, he will perform a service to The legislative clerk read the nomi- spectfully suggest to the majority, on the Republic for many years ahead. behalf of the minority let’s have the nation of George B. Daniels, of New I yield the floor. York, to be United States District opportunity to have a vehicle we can Mr. SCHUMER addressed the Chair. amend. Judge for the Southern District of New The PRESIDING OFFICER. The Sen- We hope that very shortly the major- York. ator from New York. ity will understand we are trying to The PRESIDING OFFICER. The Mr. SCHUMER. I ask unanimous con- move education along. We have no question is, Will the Senate advise and sent to address the body for 30 seconds. great plan in mind to move off edu- consent to the nomination of George B. The PRESIDING OFFICER. Without cation into some other area. But we Daniels, of New York, to be United objection, it is so ordered. would like to do that. If the leader be- States District Judge for the Southern Mr. SCHUMER. Mr. President, I join lieves that cannot be done, we are will- District of New York? On this question, in the thanks given by my esteemed, ing to continue working to see if we the yeas and nays have been ordered. wise, senior colleague, Senator MOY- can come up with some reasonable ef- The clerk will call the roll. NIHAN, to Senators LOTT, HATCH, and fort to move forward on this legisla- The legislative clerk called the roll. LEAHY. This is an outstanding jurist tion. Mr. NICKLES. I announce that the who will make us all proud. I thank the Senator from Arizona (Mr. MCCAIN), is Senate for confirming him. Mr. LOTT. Mr. President, I under- necessarily absent. stand there will be an objection. f Mr. REID. I announce that the Sen- Mr. REID. I object. ator from Montana (Mr. BAUCUS), is LEGISLATIVE SESSION The PRESIDING OFFICER. Objec- necessarily absent. The PRESIDING OFFICER. Under tion is heard. The result was announced, yeas 98, the previous order, the Senate will now Mr. LOTT. We will continue to work nays 0, as follows: return to legislative session. to get an agreement developed. Cer- The result was announced—yeas 98, Mr. LOTT addressed the Chair. tainly amendments on education or nays 0, as follows: The PRESIDING OFFICER. The ma- education-related taxes would be some- [Rollcall Vote No. 14 Ex.] jority leader. thing we would want to have and with YEAS—98 Mr. LOTT. If the Senator from which we would have no problem. We Abraham Feingold Lugar Vermont will withhold briefly, I would were hoping it would not run far afield Akaka Feinstein Mack like to go ahead and make this request. to all kinds of unrelated issues that Allard Fitzgerald McConnell I believe we have a leadership Senator would delay a bill that has over- Ashcroft Frist Mikulski Bayh Gorton Moynihan here. whelming support. Bennett Graham Murkowski I would like to first ask, what is the The support for this idea of being Biden Gramm Murray pending question? Bingaman Grams able to save a little for your own chil- Nickles The PRESIDING OFFICER. We are in Bond Grassley Reed dren’s education—up to $2,000 per year Boxer Gregg Reid morning business until 2 o’clock. per child, kindergarten through the Breaux Hagel Robb 12th grade—has a lot of support, espe- Brownback Harkin f Roberts Bryan Hatch cially when you realize we can do it for Rockefeller AFFORDABLE EDUCATION ACT OF Bunning Helms Roth our children’s college education but Burns Hollings 1999—Resumed Santorum not for our children’s needs in the 4th Byrd Hutchinson Sarbanes Mr. LOTT. Mr. President, I believe Campbell Hutchison grade. I hope we can work it out. I Chafee, L. Inhofe Schumer we did not actually get morning busi- think maybe we can. We will keep Cleland Inouye Sessions ness put in place. But I ask unanimous working on that. Cochran Jeffords Shelby Smith (NH) consent the clerk report the bill on I now ask unanimous consent, after Collins Johnson education savings loans. Conrad Kennedy Smith (OR) Senator LEAHY has spoken, the Senate Coverdell Kerrey Snowe The PRESIDING OFFICER. Without proceed to a period of morning busi- Specter Craig Kerry objection, it is so ordered. The clerk ness, with the first 8 minutes under the Crapo Kohl Stevens will report the bill by title. Daschle Kyl Thomas control of Senator THURMOND, the suc- DeWine Landrieu Thompson The legislative clerk read as follows: ceeding 30 minutes under the control of Thurmond Dodd Lautenberg A bill (S. 1134) to amend the Internal Rev- Senators TORRICELLI and SPECTER, the Torricelli Domenici Leahy enue Code of 1986 to allow tax-free expendi- succeeding 10 minutes under the con- Dorgan Levin Voinovich tures from education individual retirement Warner trol of Senator CAMPBELL, the fol- Durbin Lieberman accounts for elementary and secondary Edwards Lincoln Wellstone lowing hour under the control of Sen- Enzi Lott Wyden school expenses, to increase the maximum annual amount of contributions to such ac- ators CLELAND and ROBERTS, and fol- NOT VOTING—2 counts, and for other purposes. lowing that time the Senate resume Baucus McCain Mr. LOTT. Mr. President, before I consideration of the pending legisla- The nomination was confirmed. put forward this request, we have been tion and I be immediately recognized. The PRESIDING OFFICER (Mr. BUN- working to develop an agreement as to The PRESIDING OFFICER. Without NING). Under the previous order, the how to proceed on this legislation. I objection, it is so ordered. Senator from Vermont is recognized think we are close to getting that Mr. LOTT. I yield the floor. for 2 minutes. done, but we may still need a little The PRESIDING OFFICER. The Sen- Mr. MOYNIHAN addressed the Chair. more time to work on it. In that effort, ator from Vermont.

VerDate Mar 15 2010 23:31 Dec 04, 2013 Jkt 081600 PO 00000 Frm 00004 Fmt 4637 Sfmt 0634 E:\2000SENATE\S24FE0.REC S24FE0 mmaher on DSKCGSP4G1 with SOCIALSECURITY February 24, 2000 CONGRESSIONAL RECORD — SENATE S759 NOMINATIONS of Appeals. He is one of the most quali- year, his was one of the nominations Mr. LEAHY. Mr. President, I am very fied people we have ever seen. We not acted upon by the Senate. I con- pleased the Senate voted 98–0 on should do it. gratulate the Senators from New York Kermit Bye to be United States Circuit Mr. Dyk has distinguished himself and Justice Daniels and his family on Court Judge for the Eighth Circuit and with a long career of private practice his consideration today. Justice George Daniels to be United in the District of Columbia. From 1964 I thank the majority leader and com- States District Court Judge for the to 1990, he worked with Wilmer, Cutler mend the Democratic leader for sched- Southern District of New York. & Pickering as an associate and then uling the consideration of these judi- Kermit Bye is an outstanding attor- as a partner. Since 1990, he has been cial nominations. The debate on judi- ney from North Dakota. I will put his with Jones Day Reavis & Pogue as a cial nominations over the last couple full record in the RECORD later. Justice partner and Chair of its Issues and Ap- of years has included too much delay Daniels is a distinguished New Yorker, peals Section. with respect to too many nominations. with the strong support of the two dis- Mr. Dyk received his undergraduate The most prominent current exam- tinguished Senators from New York— degree in 1958 from Harvard College, ples of that treatment are Judge Rich- Senators MOYNIHAN and SCHUMER—in and his law degree from Harvard Law ard Paez and Marsha Berzon. With re- the same way Kermit Bye had the School in 1961. Following law school, spect to these nominations, the Senate strong support of the two distinguished he clerked for U.S. Supreme Court Jus- has for too long refused to do its con- Senators from North Dakota—Senators tices Reed, Burton, and Chief Justice stitutional duty and vote. I am grate- CONRAD and DORGAN. Warren. Mr. Dyk was also a Special As- ful that the majority leader agreed last I wish to thank both the Republican sistant to the Assistant Attorney Gen- year to bring each of those nomina- leader and the Democratic leader for eral in the Tax Division. His has been tions to a Senate vote before March 15. helping us get these nominations up. a distinguished career in which he has Nominees deserve to be treated with They had been reported last year. For represented a wide array of clients, in- dignity and dispatch—not delayed for some inexplicable reason, they were cluding the United States Chamber of two or three or four years. The nomi- held up. We see that the Senate, in vot- Commerce. I look forward to the con- nation of Judge Paez has now been ing on them, has voted 98–0. I mention firmation vote on this highly-qualified pending for over four years. He has the this because many times we have nominee. strong support of his home State Sen- judges, who are judicial nominations, Kermit Bye is an outstanding attor- ators and of local law enforcement. where it takes a long time to get their ney from North Dakota. From 1962 to His has been a distinguished career in nominations to the floor, and then 1966, Mr. Bye was the Deputy Securi- which he has served as a state and fed- they are passed by overwhelming mar- ties Commissioner and Special Assist- eral judge for what is now approaching gins. Out of a sense of justice towards ant Attorney General for the State of 19 years. His story is a wonderful the people we are putting on our Fed- North Dakota. And from 1966 to 1968, he American story of hard work, fairness eral courts, we, the Senate, should do a was an Assistant U.S. Attorney in the and public service. He and his family better job. District of North Dakota. Since 1968, have much of which to be proud. His- Many wait too long. The most promi- he has been a member and partner with panic organizations from California nent current examples of that treat- the Fargo law firm of Votel, Kelly, and around the country have urged the ment are Judge Richard Paez and Mar- Knutson, Weir, Bye & Hunke, Ltd. Mr. Senate to act favorably on his nomination without further delay. sha Berzon. We have waited too long to Bye received his undergraduate degree Within the next two weeks the Sen- vote on them. I understand, finally, in 1959 from the University of North ate will be called upon to vote on this after 4 years, we are going to vote on Dakota, and his law degree from the outstanding nomination, and I trust Judge Paez, who has one of the most University of North Dakota Law that we will do the right thing. I recall distinguished records anybody has ever School in 1962. when Judge Sonia Sotomayor, another had who has come before the Senate. Mr. Bye’s nomination is another of outstanding District Court Judge, was He is strongly supported by law en- those that was favorably reported last nominated to the Second Circuit and forcement, strongly supported by the year by the Judiciary Committee but her nomination was delayed. Report- bar, strongly supported by the Hispanic which was not acted upon by the Sen- edly, she was so well qualified that community. He is certainly proud of ate. He is strongly supported by Sen- some feared her quick confirmation his Hispanic background, as well he ator DORGAN and Senator CONRAD, who might have led her to be considered as should be. He has accomplished more are to be commended for their efforts a possible Supreme Court nomination than most people accomplish of any on his behalf and on behalf of the peo- and that was why Senate consideration background. I hope that after 4 years ple of North Dakota that has finally of her nomination was delayed through he will be voted on. brought us to this day. secret holds. Ultimately, she was con- Finally, I had hoped we would reach Justice George Daniels is a distin- firmed to the Second Circuit. a vote on Timothy Dyk today. He was guished New Yorker. He has distin- After all the delay in that case, I was first nominated to a vacancy in the guished himself with a long career of struck that not a single Senator who Federal Circuit in April of 1998. For service in the New York federal and voted against her confirmation and not anybody who is keeping track, that state court systems. He was an Assist- a single Senator who had acted to was well in the last century. After hav- ant U.S. Attorney in the Eastern Dis- delay its consideration uttered a single ing a hearing and being reported favor- trict of New York from 1983 to 1989. word to justify such opposition. ably by the Judiciary Committee to From 1989 to 1990, and again from 1993 Of course it is every Senator’s right the Senate in September of 1998, his to 1995, he was a Judge in the Criminal to vote as he or she sees fit on all mat- nomination was left on the Senate cal- Court of the City of New York. And ters. But I would hope that in the case endar without action and then re- from 1990 to 1993, he was a counsel to of Judge Richard Paez, where his nomi- turned to the President 2 years ago as the Mayor of the City of New York. nation has been delayed for over four the 105th Congress adjourned. He was Since 1995, Mr. Daniels has been a Jus- years, for the longest period in the his- renominated in January 1999 and re- tice of the Supreme Court of the State tory of the Senate, those who have op- ported favorably in October 1999. of New York. posed him will show him the courtesy So he has been waiting for all these Justice Daniels received his under- of using this time to discuss with us years. He has clerked for three Su- graduate degree in 1975 from Yale Uni- any concerns that may have and to ex- preme Court Justices, including the versity, and his law degree from the plain the basis for any negative vote Chief Justice. He has a remarkably dis- University of California at Berkeley, against a person so well qualified for tinguished career. He has represented Boalt Hall School of Law in 1978. the position to which he has been nom- people across the spectrum, including He has the strong support of Senator inated by the President. the U.S. Chamber of Commerce, which MOYNIHAN and Senator SCHUMER and Mr. DORGAN. Will the Senator strongly backs him. I hope we can get the ABA has given him its highest rat- yield? him confirmed this week or next. They ing. Although he was reported favor- The PRESIDING OFFICER. The Sen- need him on the Federal Circuit Court ably by the Judiciary Committee last ator’s time has expired.

VerDate Mar 15 2010 23:31 Dec 04, 2013 Jkt 081600 PO 00000 Frm 00005 Fmt 4637 Sfmt 0634 E:\2000SENATE\S24FE0.REC S24FE0 mmaher on DSKCGSP4G1 with SOCIALSECURITY S760 CONGRESSIONAL RECORD — SENATE February 24, 2000 Mr. DORGAN. Mr. President, I ask State Senators. In this regard, I must fused to permit career federal prosecu- unanimous consent the Senator be rec- say that it appears at times as if the tors to rely on the law in their efforts ognized for an additional 30 seconds. President is seeking a confrontation to make sure a serial bank robber did The PRESIDING OFFICER. Without with the Senate on this issue, instead not get away. objection, it is so ordered. of working with the Senate to see that When the Supreme Court was decid- Mr. LEAHY. I yield to the Senator. his nominees are confirmed. ing whether to hear the case, the De- Mr. DORGAN. Mr. President, I am so During this Congress, despite par- partment had the opportunity to de- pleased that the Senate has confirmed tisan rhetoric, the Judiciary Com- fend the statute, as many of us encour- Kermit Bye’s nomination to the Eighth mittee has reported 42 judicial nomi- aged it to do. While making its deci- Circuit Court of Appeals. nees, and the full Senate has confirmed sion, the Department consulted with Kermit Bye is one of North Dakota’s 36 of these—a number comparable to certain federal law enforcement agen- most distinguished and respected at- the average of 39 confirmations for the cies. The Drug Enforcement Adminis- torneys, and a senior partner in one of first sessions of the past five Con- tration explained that Miranda in its the top law firms in the Midwest. He gresses when vacancy rates were gen- current form is problematic in some has nearly 40 years of trial and appel- erally much higher. In total, the Sen- circumstances and encouraged the De- late experience, he was President of the ate has confirmed 340 of President Clin- partment to defend the law. North Dakota Bar Association, and ton’s judicial nominees since he took The Department later wrote in its he’s received the North Dakota State office in 1993. brief about the views of federal law en- Bar Association’s Distinguished Serv- I am disturbed by some of the allega- forcement in this matter, but that sup- ice Award. tions that have been made that the port for the statute and reservation I won’t name every civic and commu- Senate’s treatment of certain nominees about Miranda is nowhere to be found. nity organization that Kermit Bye has differed based on their race or gender. Instead, the brief states ‘‘federal law chaired and served on, because the list Such allegations are entirely without enforcement agencies have concluded is too long. Instead, I will say Kermit merit. For noncontroversial nominees that the Miranda decision itself gen- Bye cares deeply about the law and who were confirmed in 1997 and 1998, erally does not hinder their investiga- about the people our laws protect. there is little if any difference between tions and the issuance of Miranda He is a man of impeccable integrity the timing of confirmation for minor- warnings at the outset of custodial in- and sound judgment, possessing a for- ity nominees and non-minority nomi- terrogation is in the best interests of midable intellect and a healthy dose of nees. Only when the President appoints law enforcement as well as the sus- North Dakota common sense. Kermit is a controversial female or minority pect.’’ The brief should recognize that there is disagreement among federal temperamentally very well-suited for nominee does a disparity arise. More- law enforcement agencies about the the bench, and can be counted on as a over, last session, over 50% of the impact of the Miranda warnings in in- fair-minded jurist who understands the nominees that the Judiciary Com- vestigations and the need for reform of importance of the rule of law to soci- mittee reported to the full Senate were the Miranda requirements. The Depart- ety, and the judiciary’s proper role women and minorities. Even the ment should not generalize in a brief within our constitutional system. former Democratic chairman of the Ju- before the Supreme Court to the point As many will recall, this seat on the diciary Committee, Senator JOE BIDEN, of misrepresentation. Senator HATCH Eighth Circuit Court of Appeals was stated publicly that the process by and I sent a letter to Attorney General first vacated in April 1997, and my fel- which the committee, under my chair- low North Dakotan John Kelly was Reno and Solicitor General Waxman manship, examines and approves judi- last week asking for an explanation in nominated and confirmed to this seat cial nominees ‘‘has not a single thing last summer. Tragically, just a few this matter, and I look forward to their to do with gender or race.’’ That is response. weeks after taking his oath, Judge from the transcript of a Judiciary Kelly took ill and passed away. One of the amicus briefs, which was Committee hearing on judicial nomina- filed by the House Democratic leader- I am pleased today that Kermit Bye tions on November 10, 1999. has been confirmed to fill this vacancy ship, takes a very novel approach to- The Senate has conducted the con- ward the statute. It seems to suggest so that our Federal judiciary can ben- firmations process in a fair and prin- efit from his wisdom and judgment. that the voluntary confessions law is cipled manner, and the process has not really a law after all. It states that Mr. HATCH. Mr. President, I rise to worked well. The Federal Judiciary is commend the majority leader, Senator the ‘‘Congress enacted section 3501 sufficiently staffed to perform its func- largely for symbolic purposes, to make LOTT, for proceeding today with votes tion under article III of the Constitu- for these judicial nominees. As I have an election year statement in 1968 tion. Senator LOTT, and the Senate as about law and order, not to mount a stated, we will continue to process the a whole, are to be commended. challenge to Miranda.’’ confirmations of nominees who are f This statement is not only inac- qualified to be federal judges. In that MORNING BUSINESS curate. It is completely inappropriate. respect, the Senate Judiciary Com- I was in the Senate when the vol- mittee held its first nominations hear- The PRESIDING OFFICER. The Sen- untary confessions law was debated ing of this Session on Tuesday, Feb- ator’s time has expired. and passed over 30 years ago. A bipar- ruary 22, and I expect to see more judi- Under the previous order, the Senate tisan majority of the Congress sup- cial nominees moving through the will now proceed to a period of morning ported this law, and Democrats were in process in the coming months. There is business. The Senator from South the majority at the time. a perception held by some that the con- Carolina is recognized. We did not enact the law to make firmation of judges stops in election f some vague statement about crime. We years. This perception is inaccurate, passed the voluntary confessions law VOLUNTARY CONFESSIONS LAW and I intend to move qualified nomi- because we were extremely concerned nees through the process during this Mr. THURMOND. Mr. President, I about the excesses of the Miranda deci- session of Congress. rise to discuss my concern regarding sion allowing an unknown number of That said, in moving forward with recent developments in the Dickerson defendants who voluntarily confessed the confirmations of judicial nominees, case concerning voluntary confessions. their crimes to go free on a techni- we must be mindful of problems we Opponents are using some extreme tac- cality. We passed it to be enforced. have with certain courts, particularly tics to encourage the Supreme Court to For the House Democratic leadership the Ninth Circuit. It was reported yes- strike down this law. brief to state that the Congress did not terday that the Ninth Circuit has a For years, members of the Senate Ju- intend for a law that it passed to be en- record of 0–6 this supreme court term. diciary Committee, including myself, forced trivializes the legislative branch In addition, the President must be encouraged the Clinton Justice Depart- at the expense of the executive. It is a mindful of the problems he creates ment to enforce 18 U.S.C. 3501, the law dangerous mistake for the legislative when he nominates individuals who do on voluntary confessions. In the branch to defer to the executive re- not have the support of their home- Dickerson case, the Department regarding what laws to enforce.

VerDate Mar 15 2010 23:31 Dec 04, 2013 Jkt 081600 PO 00000 Frm 00006 Fmt 4637 Sfmt 0634 E:\2000SENATE\S24FE0.REC S24FE0 mmaher on DSKCGSP4G1 with SOCIALSECURITY February 24, 2000 CONGRESSIONAL RECORD — SENATE S761 The executive branch has a constitu- Albright today, our distinguished Sec- issues where we can lay it all out and tional duty to enforce the laws, unless retary of State, and she said it is prob- talk about it in a way that does not they are clearly unconstitutional. Con- ably not the post anything; it is just a impinge on anybody’s particular par- trary to what is happening today, the new era. We have gone through the tisan views. Simply put, neither the executive branch is not free to ignore cold war and the terrors of that period, Presidential race nor the elections for acts of Congress simply because it does but we are certainly in a new era, and the Congress will be determined by who not support them, and the legislative it does not even really have a name. has the partisan upper hand on foreign branch should not support this ap- We hope to provide for our colleagues policy. proach. in the Senate—and we hope they will Over the course of the year, Senator In this matter, the Justice Depart- join us—over the course of this year, ROBERTS and I—and we hope a number ment has refused to abide by its duty an understanding of key national secu- of other Senators—will be engaging in to faithfully execute the laws, and has rity issues and begin building the a series of floor dialogs relating to the instead chosen to side with criminals building blocks of a bipartisan con- general direction of U.S. foreign policy and defense attorneys over prosecutors sensus on the most appropriate prior- and national security policy in the 21st and law enforcement. It is unfortunate ities and approaches for our country in century. that, in this case, the Department will today’s international environment. We have actually chosen to sit to- be making arguments on behalf of In launching this endeavor, I am very gether. We are on different sides of the criminals before the Supreme Court. mindful of both the enormity of the un- aisle, but we chose to come from our No arguments about the law will dertaking and of my own limitations in back-bench positions to show that we change this sad fact. addressing such a subject. Having been stand actually shoulder to shoulder in I yield the floor. only 3 years, beginning my fourth year this regard. We are all Americans, and The PRESIDING OFFICER. The Sen- in the Senate, I certainly do not claim we hope we can do something good for ator from Pennsylvania. to have a solution to these problems our country. (The remarks of Mr. SPECTER and Mr. about which we are going to talk, but Our current game plan is to begin TORRICELLI pertaining to the introduc- I hope to ask some pertinent questions. today by considering frameworks for tion of S. 2089 are printed in today’s American foreign policy is chal- the U.S. global role with respect to pri- RECORD under ‘‘Statements on Intro- lenged because of the end of the cold orities and approaches. In the weeks to duced Bills and Joint Resolutions.’’) war, and Senator ROBERTS and I ap- come, this will be followed by sessions The PRESIDING OFFICER. The Sen- proach these questions on the road to on U.S. national interests. Of course, ator from Colorado. the future with great humility and cer- the first question about American en- Mr. CAMPBELL. Mr. President, I ask tainly with far more questions of our gagement in the world should be: Is it unanimous consent I be allowed to own than answers. Yet I believe this di- in our vital strategic national interest? speak for 8 minutes as in morning busi- alog is one the Senate must have. We That is question No. 1. The next session ness for the introduction of a bill. The PRESIDING OFFICER. Without owe it to the other nations of the will be on U.S. national interests, what objection, it is so ordered. world, including those that look to are they. (The remarks of Mr. CAMPBELL per- America for leadership, as well as those Another phase of our discussion will taining to the introduction of S. 2090 that make themselves our competitors, be the use of our military forces. Quite are located in today’s RECORD under and certainly we owe it to those that frankly, this should be question No. 2 ‘‘Statements on Introduced Bills and make us their adversaries. Even more, because if we do not have a military Joint Resolutions.’’) we owe it to those who serve our coun- objective following America’s strategic The PRESIDING OFFICER (Mr. try in the Armed Forces and in the vital interests, why commit the mili- VOINOVICH). The Senator from Georgia. Foreign Service, whose careers and tary? sometimes very lives can be at stake. Next is we want to engage the ques- f Perhaps most of all, we owe it to our tion of our relationship with multilat- U.S. FOREIGN POLICY children and our grandchildren. eral organizations. We realize the Mr. CLELAND. Mr. President, it is I was with Senator Nunn last night United States is the world’s foremost an honor to be here today with my dis- at the State Department. He was being military and economic power, but that tinguished colleague from Kansas, Sen- honored by the State Department. I al- does not necessarily mean we can go it ator PAT ROBERTS. We want to insti- ways learn something from him when- on our own everywhere. The issue of tute a process by which this body can ever I am with him. We were talking multilateral organizations and our re- increasingly come to grips with some about a particular country, a par- lationship to them is an important one. of the challenges that persist in our ticular challenge in American foreign After multilateral organizations is foreign policy and continue to be, in policy. He said: Yes, what happens the foreign policy roles of the execu- terms of our defense, a challenge to us there will affect our children and our tive and legislative branches. One of and to the young men and women of grandchildren. the first things that came to my atten- America. It is astounding that the con- tion when I came to the Senate 3 years It is an opportunity for us to consequences of the decisions we make ago was something called the U.S. Con- tinue our dialog which we started in today will, indeed, affect future gen- stitution. Senator BYRD was kind the Armed Services Committee over erations, so we must make these deci- enough to give me an autographed copy the last 3 years as we have encountered sions wisely. of the U.S. Constitution and the Dec- difficulties in the Middle East, south- Uncertainty, disunity, partisanship, laration of Independence, which I west Asia, and as we see problems and overstatesmanship will not serve proudly carry with me. Quite frankly, around the world. He and I have more this country well. We need to seriously if you read the Constitution carefully, and more come to an understanding consider what our global role in the it gives the Congress the power to de- that we have more in common than we 21st century is and what it should be. clare war, to raise and support armies, do in disagreement. That decision will affect future genera- and to provide and maintain a navy. One of the things we have in common tions more than we can possibly under- That is a responsibility we have, along is that we asked some very important stand. with a unique role in the Senate of ad- pertinent questions about our foreign One more point: I do believe a mean- vising and consenting, particularly on policy and our defense as we go into ingful, bipartisan dialog on the U.S. treaties into which the executive the 21st century. We are delighted role, which many believe is vital to our branch may enter. today to kick off, not so much a debate national interest, is also imminently The executive and legislative on American foreign policy but a dia- doable even in this election year. While branches have to work together for for- log which we hope will develop a con- the subject matter is very important to eign policy and defense policy in this sensus of some basic first principles by our country and our future, it is not an country to actually work. which we ought to engage the world. issue of great use on the campaign Next is economics and trade. One can We have the post-cold-war world, as trail. This great body is the place to hardly separate economics from de- it is called. I was with Madeleine discuss these great and momentous fense issues anymore. Economics and

VerDate Mar 15 2010 23:31 Dec 04, 2013 Jkt 081600 PO 00000 Frm 00007 Fmt 4637 Sfmt 0634 E:\2000SENATE\S24FE0.REC S24FE0 mmaher on DSKCGSP4G1 with SOCIALSECURITY S762 CONGRESSIONAL RECORD — SENATE February 24, 2000 trade are absolutely mixed up with our the first step. That is the spirit of keen interest in foreign policy and na- foreign policy and defense issues. Arms these discussions. At some point, and tional security. In my own case, I was control is certainly an issue we need to in some fashion, a bipartisan consensus privileged to serve as a member of the confront. on America’s global role must emerge 1996 Commission on America’s National Then there will be a final wrapup at because our national interest demands Interests. It was chaired by Ambas- the end of the year, probably in Sep- it. It may not be as pure as in World sador Robert Ellsworth, Gen. Andrew tember. War II when Senator Vandenberg said: Goodpaster, and Rita Hauser, and was However, this is just a preliminary Politics stops at the water’s edge, but sponsored by the Center for Science outline, and we want these discussions certainly at some point statecraft and International Affairs at Harvard, to be flexible enough to go wherever should overtake politics. the Nixon Center for Peace and Free- the dialog takes us—that is the beauty If these dialogs can assist that effort, dom, and the RAND Corporation. The of the Senate—and to include a wide in even a small way, they will be time Commission was composed of 15 mem- array of viewpoints and illustrative well spent. We hope our discussions bers, including Senators John MCCAIN, subjects. will not be tinged with particularly BOB GRAHAM, and Sam Nunn. In brief, We encourage all our colleagues, of partisan or highly personalized consid- our Commission focused on one core whatever mind on the topics under con- erations because the subject matter issue: What are U.S. national interests sideration, to join in so we can have a clearly transcends the policies and in today’s world? real debate in this Chamber, one in views of any one individual or cer- The conclusion in 1996, 4 years ago— which we, indeed, ask each other hard tainly any one administration. The and the Senator, I think, will see some questions, not in order to score par- challenges will be the same, no matter real similarities to some of our con- tisan points and not in a particularly which party controls the White House cerns as of today—in the wake of the prearranged set of choreographed re- next year or which party controls the cold war, the American public’s inter- sponses between like-minded individ- Congress. est in foreign policy declined sharply, uals but to seek a better understanding With that, I yield to my good and dis- and our political leaders have focused of each other’s thoughts. tinguished friend and colleague, the on domestic concerns. America’s for- That is exactly what we are after. We Senator from Kansas. Let me say, in eign policy was adrift. have determined that we will not tie the time I have been in the Senate, I The defining feature of American en- this dialog, this debate, to any par- have found him to be a great source of gagement in the world since the cold ticular administration, any particular reason and thoughtful pronouncements war has been confusion, leading to issue, any particular commitment, any on national security matters. He has a missed opportunities and emerging particular budget item, any particular marvelous sense of humor, which will threats. The Commission went on to say there legislative proposal. We hope for a free- come out whether we want it to or not must be a regrounding of American for- wheeling dialog that we think can ben- in the dialogs. It is my pleasure to turn eign policy on the foundation of solid efit the country. the discussion over to my distinguished national interests. They went on to What we are hoping for is not to find friend and colleague, the great Senator conclude that there must be greater final answers, for surely that would from Kansas, Mr. PAT ROBERTS. probably be too ambitious an objective, Mr. ROBERTS. First, Mr. President, clarity regarding the hierarchy of American national interests and, with but, rather, to bring this body, which I thank my good friend, the distin- limited resources, a better under- has a key constitutional role in the guished Senator from Georgia, for the standing of what national interests are conduct of American foreign and na- opportunity to join together in what tional security policy, to the same and, just as important, are not. we both hope will be a successful en- Then the Commission prioritized kind of serious examination of our for- deavor. what we felt represented vital national eign policy goals and assumptions as is As Senator CLELAND stated, our ob- interests. It is interesting to note that now underway among many of our jective is to try to achieve greater at- the conflicts such as Bosnia and leading foreign policy experts. tention, focus, and mutual under- Kosovo did not make the priority cut I was thinking about this dialog standing in this body on America’s at that time. That was 4 years ago. today. I was thinking, how does this di- global role and our vital national secu- However, the real genesis for this alog differ from what might be termed, rity interests and, if possible, begin a forum that Senator CLELAND and I shall we say, an ‘‘academic under- process of building a bipartisan con- have tried to initiate resulted from taking’’? There are many seminars. sensus on what America’s role should frustrations over continued and in- There are thousands of courses on be in today’s ever-changing, unsafe, creasing U.S. military involvement and American foreign policy. There are nu- and very unpredictable world. intervention both in the Balkans, the merous reviews of our defense strategy At the outset, I share Senator Persian Gulf and all around the world. going on in this country and around CLELAND’s sense of personal limitation Absent was what we consider to be the world. in addressing this topic. As he has said, clear policy goals, not only from the What makes this different? I think even the finest minds and most expert executive, but also from the Congress. what makes this dialog different is American foreign policymakers have We found ourselves on the floor of that we are the ones who ultimately had considerable difficulty in defining the Senate, and in committee, coming have to make the decision. This is not both what role the United States to the same conclusion reached by the an academic exercise. I can remember should play in the so-called ‘‘New esteemed and beloved longtime chair- voting for NATO expansion. It was an World Disorder’’ or reaching a con- man of the Senate Armed Services incredible experience for me to know sensus on what criteria to use in defin- Committee, Senator Richard Russell of that by the raising of my hand I could ing our vital national interests. Georgia, who said this, following the extend the security of NATO to three Now having said that, I do not know war in Vietnam: nations on the face of the globe that of another Senator better suited to this I shall never again knowingly support a did not have that security before. That effort than MAX CLELAND. He brings to policy of sending American men in uniform was an incredible experience for me. this exchange of ideas an outstanding overseas to fight in a war where military vic- So we do not participate just in some record of public service, of personal tory has been ruled out and when they do not academic exercise here. We are the sacrifice, and of courage and commit- have the full support of the American people. leaders. We are the ones who have to ment. On the Senate Armed Services Yet we continue to see our military ultimately bite the bullet and make Committee, he has demonstrated ex- becoming involved and taking part in the decisions. Therefore, we need to pertise and a whole lot of common peacekeeping missions, and other mis- think these things through. That is the sense in addressing the quality of life sions, where incremental escalation point. issues so important to our men and has led to wars of gradualism, where One of my favorite lines from Clause- women in uniform and, in turn, to our our vital national interests are ques- witz, the great German theoretician on national security. tionable, and where the unintended ef- war, is: The leader must know the last As members of the Senate Armed fects of our involvement have been step he is going to take before he takes Services Committee, we both share a counterproductive to national security.

VerDate Mar 15 2010 23:31 Dec 04, 2013 Jkt 081600 PO 00000 Frm 00008 Fmt 4637 Sfmt 0634 E:\2000SENATE\S24FE0.REC S24FE0 mmaher on DSKCGSP4G1 with SOCIALSECURITY February 24, 2000 CONGRESSIONAL RECORD — SENATE S763 We met in Senator CLELAND’s office Learned’’ with regard to Kosovo. It is a icy and, then, by providing a short look and discussed at length the proper role paradox of enormous irony that the vi- at what some leading voices are cur- of the Senate in regard to the use of sion of knitting a multiethnic society rently proposing for how America American troops. We talked about the and democracy out of century-old should make its way in the post-cold- War Powers Act. We talked about the hatreds in Kosovo is in deep trouble. war world. future of NATO. We talked about our The danger of Kosovo is the fact that it As in any transition period, we are policy in the Persian Gulf. We noted, may become another Somalia. These feeling our way for the appropriate with considerable frustration, that hearings have attracted little more strategy and policies with which to Senators seemed to be faced with than a blip on the public radar screen maintain and enhance our national se- votes, but votes that were already fore- and little, if any, commentary or de- curity interests in this period of a gone conclusions. bate in the Senate. ‘‘new world disorder.’’ As the debates Few were willing to oppose funding So as Senator CLELAND has pointed on NATO enlargement, Kosovo and the for U.S. troops—not many in the Sen- out, over the course of the coming year Comprehensive Test Ban Treaty re- ate or the House will do that—yet he and I will engage in a series of floor vealed, those leading voices on Amer- many Senators had strong reservations dialogues relating to the general direc- ican foreign policy currently offer di- and questions about U.S. policy, our tion of U.S. foreign and national secu- vided counsel on this issue. It is obvi- military tactics, and the lack of what rity policy in the 21st century. We ous that no clear consensus has yet some called the end game. begin today by discussing the frame- formed as to America’s post-cold-war We instructed our staffs to research work for the U.S. global role. In the strategy, and that, or course, is what the War Powers Act and any other pos- following months, as the Senator has we are looking to address in these dis- sible alternatives that would provide said, we will discuss the defining na- cussions. an outlet for future policy decisions. tional interests, deployment of U.S. Until the 20th century, it would be Senator CLELAND persevered, and forces, the role of multilateral organi- fair to sum up our general philosophy along with Senator SNOWE of Maine, zations, the role of the Executive, Con- on foreign policy as an attempt to con- authored and won passage of an amend- gress and the public, and the role of tinue to follow President Washington’s ment mandating that the administra- trade, economics, and arms control. As recommended approach contained in his Farewell Address of September 17, tion report to the Congress on any op- Senator CLELAND has stressed, this is eration involving 500 or more troops, just an outline. 1796: and that report would include clear and We invite all Senators to engage in Observe good faith and justice toward all distinct objectives, as well as the end this series. The concept is one of a nations. Cultivate peace and harmony with all. . . . The Nation which indulges toward point of the operation. forum, a dialogue, that will and should another an habitual hatred or an habitual In my own case, I authored and won include a wide variety of viewpoints. fondness is in some degree a slave. It is a approval of an amendment stating no For instance, given the flashpoint situ- slave to its animosity or to its affection, ei- funds could be used for deployment of ation today in Kosovo, with about 5,000 ther of which is sufficient to lead it astray troops in the Balkans until the Presi- to 6,000 American troops at risk—and from its duty and its interest. . . . Steer dent reported to Congress detailing the we may be calling in the Marines. I be- clear of permanent alliances, with any por- reasons for the deployment, number of lieve that topic certainly demands at- tion of the foreign world. . . . There can be military troops to be used, the mission no greater error than to expect or calculate tention and discussion, however, in a upon real flavors from nation to nation. and objectives of the forces, the sched- different and separate forum. There Then Secretary of State John Quincy ule and exit strategy, and the esti- should be some discussion and consid- Adams further elaborated on this ap- mated costs involved. Again, these eration in the Senate in that regard. proach when he proclaimed in 1821 amendments were after the fact, but As Senator CLELAND has pointed out, that: they at least represented a bipartisan we all know that foreign policy and na- effort on the part of Senators who real- tional security are legitimate concerns Whenever the standard of freedom and independence has been or shall be unfurled, ized then and realize now that we sim- that should be addressed in the Presi- there will her [America’s] heart, her bene- ply must do a better job of working dential and congressional campaigns; dictions and her prayers be. But she goes not with the executive and searching for at least I hope they are addressed. But abroad, in search of monsters to destroy. She greater mutual understanding in the beyond this election year, the Senate is the well-wisher to the freedom and inde- Senate in regard to foreign policy and will again be faced with our constitu- pendence of all. She is the champion and vin- our national security interests. tional responsibilities in shaping this dicator only of her own. In saying this, let me stress that this Nation’s role in global affairs, national As Henry Kissinger, a modern day body and our country are fortunate to security, international stability, and commentator, has put it, this policy, have the benefit of Senators with both peace. Simply put: Our national inter- augmented by the Monroe Doctrine of expertise and experience with regard to est depends on reaching a bipartisan 1823 which sought to prevent European foreign relations and national security. consensus. My colleague and I both interference in the Western Hemi- That certainly doesn’t reside only with hope this forum will contribute to sphere, made imminent good sense the two Senators here involved. When achieving that goal and, in doing so, until early in the 1900s: they speak, we listen. But the problem also contribute to greater public sup- In the early years of the Republic, Amer- is, they do not speak enough, and when port and understanding. ican foreign policy was in fact a sophisti- they do, many do not listen. I thank the Senator for yielding and cated reflection of the American national in- The unfortunate conclusion I have terest, which was, simply, to fortify the new understand he has some additional re- nation’s independence. . . . Until the turn of reached is that too many Americans marks, as I do following his remarks. the twentieth century, American foreign pol- are not only uninterested in world Mr. CLELAND. I thank the Senator. icy was basically quite simple: to fulfill the events but uninformed as well. More We appreciate working with him on country’s manifest destiny, and to remain and more today in the Congress, it this quite challenging and daunting free of entanglements overseas. America fa- seems to me that foreign policy, trade, task, but it is worth doing. It is an vored democratic governments whenever and national security issues are driven honor to be with him today and work possible, but abjured action to vindicate its by ideology, insular and parochial in- with him. One of my key staff people, preferences. . . . Until early this century, the isolationist tendency prevailed in Amer- terests, protectionism, and isolationist Mr. Bill Johnston, has done a momen- ican foreign policy. Then two factors pro- views. Both the administration and the tous job of research for the speeches, jected America into world affairs: its rapidly Congress seem to be lacking a foreign the addresses, the facts, the figures, expanding power and the gradual collapse of policy focus, purpose, and constructive and the quotes I will be using in this the international system centered on Eu- agenda. dialog. I want to make sure he gets rope. The one notable exception has been proper credit at this time. Woodrow Wilson took this increased the hearings held by the distinguished Mr. President, I will now set the American power and the shattered Eu- chairman of the Armed Services Com- stage for today’s discussion by sketch- ropean order, added to it the tradi- mittee, Senator WARNER, who has held ing a brief outline of the evolution of tional American view of our excep- extensive hearings on ‘‘Lessons the main currents of U.S. foreign pol- tional role in the world and developed

VerDate Mar 15 2010 23:31 Dec 04, 2013 Jkt 081600 PO 00000 Frm 00009 Fmt 4637 Sfmt 0634 E:\2000SENATE\S24FE0.REC S24FE0 mmaher on DSKCGSP4G1 with SOCIALSECURITY S764 CONGRESSIONAL RECORD — SENATE February 24, 2000 what has become the dominant ap- strategic threat frees nations to pursue for- approach would allow the U.S. ‘‘stra- proach of modern American foreign eign policies based increasingly on their im- tegic independence’’ to determine for policy-making. As he said in 1915: mediate national interest. itself, independent of other countries We insist upon security in prosecuting our Just as the very different inter- or multilateral organizations, when self-chosen lines of national development. national environment facing America and how to engage abroad. We do more than that. We demand it also for at the start of the 20th century—with In almost direct opposition to the others. We do not confine our enthusiasm for growing American strength accom- Olsen prescription, with goals akin to individual liberty and free national develop- panying a collapse of the European Wilsonian idealism and employing a ment to the incidents and movements of af- order—occasioned the need for a funda- largely unilateralist approach, William fairs which affect only ourselves. We feel it mental reassessment of the U.S. place Kristol and Robert Kagan used a sum- wherever there is a people that tries to walk in the world, so the end of the 20th cen- in these difficult paths of independence and mer 1996 edition of Foreign Affairs to right. tury—with an end to the bipolar cold argue for a U.S. role of benevolent war and the emergence of multiple, if Thus, for the first time in American global hegemony in the belief that, not yet super at least major, powers— history, the notion that it was our ‘‘American principles around the world necessitates another thoroughgoing re- right and our duty to . . . wherever can be sustained only by the con- view and evaluation of where we are they might arise was established. tinuing exertion of American influ- and where we should be headed. While the details have changed from ence,’’ including foreign aid, diplo- And if one has been reading the for- macy, and when necessary military time to time, with some variation in eign policy journals and white papers the degree of enthusiasm for foreign intervention. during the last few years, one finds a In his 1994 book, entitled Diplomacy, interventions, this is still today the vigorous and thoughtful debate under- foundation in defining our role in the Henry Kissinger, provides a contem- way on just such questions. I’d like to porary, updated version of the realist world. It was elaborated somewhat in take just a few minutes to provide the the famous 1947 Foreign Affairs article balance of power view: Senate with a small bit of the flavor of America’s dominant task is to strike a bal- penned by ‘‘X’’—later disclosed to be this dialog among American foreign George Kennan—which guided our ulti- ance between the twin temptations inherent policy commentators. in its exceptionalism: the notion that Amer- mately successful conduct of the cold In a 1995 article in Foreign Affairs ica must remedy every wrong and stabilize war by urging, ‘‘a policy of firm con- magazine, Richard Haass of the Brook- every dislocation, and the latent instinct to tainment, designed to confront the ings Institute provided I think a useful withdraw into itself.... A country with Russians with unalterable counterforce starting point for our consideration by America’s idealistic tradition cannot base at every point where they show signs of separating the debate on America’s its policy on the balance of power as the sole encroaching upon the interests of a global role into two parts: the prior- criterion for a new world order. But is must learn that equilibrium is a fundamental pre- peaceful and stable world.’’ ities or ends of American policy, and To be sure, there has rarely been a condition for the pursuit of its historic the approaches or means currently goals. time in American history when all available to achieve those ends. As pos- voices have been united behind the A quote that comes to mind for me is sible priorities, he lists Wilsonian when President Kennedy said, ‘‘There dominant approach to the U.S. global idealism with its emphasis on pro- role. Many in this body, including my- is not necessarily an American solu- motion of democratic values, tion for every problem in the world.’’ self, participated in one way or another economism which—as the name sug- in the national turmoil over the appli- I think that is the real issue. Former gests—gives primacy to economic con- Congressman Stephen Solarz espoused cation of the containment policy in siderations, realism which is often as- Southeast Asia, in a place called Viet- the humaniarianism goal in the Winter sociated with the traditional diplo- 2000 edition of Blueprint Magazine: nam. But, while there was vigorous de- matic concepts of balance of power and bate on the advisability of specific im- Some, of course, will object to humani- international equilibrium, humanitarian intervention as a violation of the plementations of Wilsonian ‘‘idealism’’ tarianism which focuses more on alle- there has never been a serious chal- principle of sovereignty, which precludes viating the plight of individuals, and military interference in the internal affairs lenge since the Second World War to minimalism which could be thought of of other nations.... Yet it is clear today what might be called an ‘‘internation- as ‘‘neo-isolationism’’ but accepts the that the non-interference doctrine no longer alist interventionist’’ model for the need for selected and limited U.S. en- trumps all other considerations. This was ob- United States in its national security gagement in global affairs. On the side vious when the United Nations sanctioned policies. of means, Haass lists unilateralism interventions during the 1990s in Northern Yet, as we begin the year 2000, the Iraq, Somalia, and Haiti. Where crimes which provides the dominant country— against humanity or genocide are involved, world has changed in significant ways the United States—with largely unfet- from the one we have known since the doctrine of humanitarian intervention is tered freedom of action in pursuit of its increasingly accepted as a justification for World War II. The Soviet Union is no goals, neo-internationalism or ‘‘asser- violating the otherwise inviolable borders of more. The Communists did not, in the tive multilateralism’’ which relies on sovereign states. end, bury us, but with a few notable ex- multilateral organizations and ap- A particular variant of the region- ceptions who currently survive in proaches to international problem- alism approach is contained within China, Cuba, Vietnam, and North solving, and regionalism which he de- Samuel P. Huntington’s 1996 work, The Korea, it is they who have been buried fines as U.S. leadership within alli- Clash of Civilizations: Remaking of by historical inevitability. Again, to ances and coalitions. World Order. quote, Dr. Kissinger: Writing in the Spring 1996 issue of I know that is a favorite of the good The end of the Cold War produced an even Strategic Review, Naval Postgraduate Senator from Kansas. greater temptation to recast the inter- School Professor of National Security In the aftermath of the cold war the national environment in America’s image. Affairs Edward A. Olsen presented a United States became consumed with mas- Wilson had been constrained by isolationism view which might be termed as sive debates over the proper course of Amer- at home, and Truman had come up against ican foreign policy. In this era, however, the Stalinist expansionism. In the post-Cold War minimalism when he advocated a re- United States can neither dominate nor es- world, the United States is the only remain- turn to our pre-World War II approach cape the world. Neither internationalism nor ing superpower with the capacity to inter- which he characterized as one of ‘‘ab- isolationism, neither multilateralism nor vene in every part of the globe. Yet power stention, benign neglect, and non- unilateralism, will best serve its interests. has become more diffuse and the issues to interventionism within a policy of Those will best be advanced by eschewing which military force is relevant have dimin- highly selective engagement.’’ Pro- these opposing extremes and instead adopt- ished. Victory in the Cold War has propelled fessor Olsen distinguished his proposed ing an Atlanticist policy of close cooperation America into a world which bears many sim- policy of disengagement and non-inter- with its European partners to protect and ilarities to the European state system of the advance the interests and values of the eighteenth and nineteenth centuries, and to vention—which would be marked by unique civilization they share. practices which American statesmen and less military intervention, less foreign thinkers have consistently questioned. The aid, and fewer international entangle- These are just a very few of the many absence of both an overriding ideological or ments—from isolationism because his ‘‘think pieces’’ which have been coming

VerDate Mar 15 2010 23:31 Dec 04, 2013 Jkt 081600 PO 00000 Frm 00010 Fmt 4637 Sfmt 0634 E:\2000SENATE\S24FE0.REC S24FE0 mmaher on DSKCGSP4G1 with SOCIALSECURITY February 24, 2000 CONGRESSIONAL RECORD — SENATE S765 out of the American foreign policy Russia has not made progress toward build- emonic role in Europe. The U.S. has contin- community since the end of the cold ing democracy, and the West is partly re- ued its long-standing role as a strong pres- war. Even this brief glimpse reveals a sponsible for Russia’s current woes. The ence in Asia. Calleo describes three proposed West’s role in supporting economic policies models for a future security structure in wide divergence in expert opinions on unsuitable for Russia has spurred new dis- Asia—‘‘China the regional hegemon, Amer- the preferred priorities and approaches trust of the West and notions of a Western ica the region’s hegemonic balancer, and a for post-cold-war U.S. global engage- conspiracy to introduce policies that will multipolar regional balance made up of ment. To further evaluate the current harm the Russian economy (91–96). The West China, India, Japan, Russia, and the United debate among individuals with strong- should take part in stopping human rights States’’ (19). ly held views on where we should be violations against ethnic Russians living in 6. DeSantis, Hugh. ‘‘Mutualism: An American headed I asked the outstanding Con- former Soviet republics (98). The U.S. must Strategy for the Next Century.’’ World Policy Journal, v. 15, winter 1998–99: 41–52. gressional Research Service to provide recognize that Russia should play an important role in international affairs (102). Both DeSantis describes the views of various me with a ‘‘review of the literature’’ on countries are responsible for Russia’s future foreign affairs professionals: Liberal-inter- U.S. global role options. and should seek cooperation (103). nationalists, or neo-Wilsonians, expect the I ask unanimous consent that this 4. Blumenthal, Sidney. ‘‘The Return of the value systems of various countries to move CRS document be printed in the Repressed Anti-Internationalism and the Amer- toward each other; realists promote per- RECORD. ican Right.’’ World Policy Journal, v. 12, fall suading other powers to support U.S. poli- There being no objection, the mate- 1995: 1–13. cies; American nationalists, or neo-Reagan- rial was ordered to be printed in the Isolationism has been revived in a new ites, promote a unilateral policy in which form as an ‘‘inchoate anti-internationalism’’ the U.S. strives to promote an ‘‘enlightened RECORD, as follows: (2) on the part of the Republican Right. This empire;’’ neo-isolationsists, including Amer- A REVIEW OF LITERATURE ON U.S. GLOBAL new anti-internationalism is marked by vig- ica Firsters, libertarians, and pacifists, op- ROLE OPTIONS orous opposition to the role of the United pose U.S. involvement abroad (41). DeSantis 1. Abshire, David M. ‘‘U.S. Global Policy: To- Nations and is closely related to growing says that these seemingly different views are ward an Agile Strategy.’’ Washington Quar- anti-government and xenophobic sentiments. all versions of American exceptionalism, the terly, v. 19, spring 1996: 41–61. Although isolationist views were espoused by myth that the U.S. is the natural model for Since the end of the Cold War, which was members of both the Right and the Left in other countries and should be the leader of marked by the U.S. promotion of a policy of pre-World War II America, by the end of the an unpredictable world (41–42). He promotes containment, the U.S. and other powers have war, isolationism had become strictly a as an alternative a ‘‘non-American centered entered a strategic interregnum (44) in which cause of the Right and was combined with its framework’’ called mutualism: ‘‘an interest- foreign policy strategies have not been fully anticommunist movement (4–5). Advocates based rather than value-driven concept of defined. Abshire states that the U.S. should of this policy viewed containment as a poor international relations’’ (44) that avoids he- strive toward a policy of agility: ‘‘an agile compromise and advocated a unilateral mili- gemony. Economies will be interdependent strategy for the use of power and the tary approach to Cold War threats. and national and regional communities will achievement of peace’’ (41) which is charac- Unilateralism (6) remained an important be emphasized in order to curb violent frus- terized by flexibility in action and long- cornerstone of this policy up to Reagan’s trations of peoples ‘‘marginalized by the range goals and is guided by vital national terms in office, although Reagan eventually process of globalization’’ (47). A cornerstone interests. This strategy is proactive rather disillusioned supporters with his policy of of mutualism is cultural tolerance and the than reactive and aims to ‘‘return to clas- engagement with Gorbachev. George Bush recognition that the American way is not sical formulations of the proper uses of was criticized for his emphasis on foreign af- the only way to a free and harmonious soci- power to influence the behavior of U.S. oppo- fairs. As Clinton’s first term in office pro- ety (48). Security operations must be shared nents, and indeed allies’’ (46). Realism (49) gressed, he paid more heed to anti- in order to avoid dependence on the U.S., and forms the foundation of a strategy of agility, internationlism and initiated policies to Americans must ‘‘abandon their acknowledging that military conflict and limit the U.S. role in multilateral peace- triumphalism’’ and recognize the need for co- economic competition are features of world keeping (9). The Republican platform, Con- operation with other peoples (51). affairs. At the same time, this strategy rec- tract with America, advanced several anti- 7. Diamond, Larry. ‘‘Why the United States ognizes the importance of idealism (50) and international principles, and ‘‘[f]or the first Must Remain Engaged: Beyond the Unipolar the role U.S. democratic ideals should play time since the inception of the Cold War, te- Movement.’’ Orbis, v. 40, summer 1996: 405–413. in international relations. Specifically, this nets of anti-internationalism have become The end of the Cold War has forced the strategy represents a balance between short- official dogma of the Republican Party’’ (10). U.S. to reexamine its role in the world, and term realism and long-term idealism (48): In Republicans who oppose anti-internation- a new trend in favor of isolationism has the short run, the U.S. should defend its in- alism have not challenged this position with- emerged. This neo-isolationism takes many terests from immediate threats; in the long in their party. Idealist and realist ap- forms. Some of its supporters advocate free run the U.S. should strive to promote U.S. proaches (11) to foreign policy will be af- trade and foreign aid while others reject any ideals such as democracy and free trade. This fected by this anti-internationalism if it type of foreign involvement. Other neo-isola- policy is opposed to isolationism (51), but ex- continues to flourish. Blumenthal identifies tionists want the U.S. to become ‘‘a normal pects U.S. leaders to set clear boundaries in several versions of realism. Augmented real- nation in normal times’’ (406). Despite vari- U.S. foreign policy. ism, or realism plus, (11) sees conviction as a ations on this theme, all neo-isolationists 2. Albright, Madeleine K. ‘‘The Testing of driving force in obtaining a leadership role. call for the end of America’s role as a super- American Foreign Policy.’’ Foreign Affairs, v. Washington realism (11) focuses on inter- power. Scholar Eric Nordlinger, in his book 77, Nov.–Dec. 1998: 50–64. national affairs at the expense of domestic Isolationism Reconfigured: American For- Albright describes a four-part strategy for ones. Republican realism fails ‘‘to explain eign Policy for a New Century (Princeton: U.S. foreign policy. The U.S. should encour- how internationalism can coexist with a so- Princeton University Press, 1995) has articu- age continuing relations with other leading cial policy that radically widens class, ra- lated a new type of neo-isolationism that nations (51), aid transitional states in play- cial, and gender divisions . . .’’ (11). calls for varying degrees of U.S. involvement ing a larger role in the international system 5. Calleo, David P. ‘‘A New Era of Over- in foreign affairs and recognizes the useful- (52), help weaker states that are trying to stretch? American Policy in Europe and Asia.’’ ness of multilateral cooperation. overcome economic and political problems World Policy Journal, v. 15, spring 1998: 11–29. Nordlinger’s ‘‘liberal isolationism’’ provides (52), and ward off threats that affect world Clinton downplayed foreign policy when a thoughtful approach to foreign policy but security (51–53). This strategy is driven by elected in 1992 and in his first term ‘‘quietly’’ is problematic. He mistakenly believes that vision and pragmatism: U.S. foreign policy took on ‘‘a sort of devolutionist foreign pol- the U.S. is insulated from outside threats; should incorporate a vision of future policy icy’’ (12–13). Clinton encouraged the that U.S. allies could compensate militarily concerns and should be shaped by pragmatic Europeanization of NATO and seemed to pro- for the loss of a U.S. military presence approaches to foreign policy issues (54–59). mote a foreign policy in which the U.S. abroad; that it is better to deal with con- The will and resources to carry out policy would serve as a balancing power in a flicts as they arise rather than try to predict are essential to implementing this strategy multipolar arena and would not aspire to future conflicts; and that the U.S. would be (59–62). In the final analysis, U.S. foreign pol- Bush’s vision of the U.S. as the only super- able to defend itself in the unlikely scenario icy is tested by ‘‘how well our actions meas- power in a unipolar world (13). Muted ele- of a threat to U.S. interests. In fact, spill- ure up to our ideals...we want our foreign ments of Wilsonianism could be detected in over from faraway conflicts prevents true in- policy to reflect our status as the globe’s some Clinton policies to ‘‘[prod] the world sulation; our allies would have difficulties leading champion of freedom’’ (63). toward universal democracy’’ (13). Clinton meeting military challenges without U.S. 3. Arbatov, Georgi. ‘‘Eurasia Letter: A New began to take a more active role in foreign aid and might be forced into bad com- Cold War?’’ Foreign Policy, no. 95, summer 1994: policy in his second term and initiated ef- promises due to lack of power; the benefits of 90–103. forts to reassert American hegemony in predicting and deterring conflict can exceed The institutions of the West have sup- NATO (14). U.S. interests in NATO expansion the cost; and, were the U.S. to become as iso- ported Russian plans for reform despite the suggest that the U.S. is adopting a maxi- lationist as Nordlinger proposes, it is un- plans’ shortcomings and disastrous results. malist stance (16) and is ready to take a heg- likely it would be prepared to meet true

VerDate Mar 15 2010 23:31 Dec 04, 2013 Jkt 081600 PO 00000 Frm 00011 Fmt 4637 Sfmt 0634 E:\2000SENATE\S24FE0.REC S24FE0 mmaher on DSKCGSP4G1 with SOCIALSECURITY S766 CONGRESSIONAL RECORD — SENATE February 24, 2000 threats to security (407–411). The best strat- 10. Haass, Richard N. ‘‘What to do with Amer- migrant groups who have resisted assimila- egy for the next century is liberal inter- ican Primacy.’’ Foreign Affairs, v. 78, Sept.–Oct. tion have influenced the actions of the U.S. nationalism (413). 1999: 37–49. government toward immigrants’ native 8. Gilman, Benjamin A. ‘‘A Pacific Charter: A U.S. foreign policy should promote multi- countries. The combined influence of com- Blueprint for U.S. policy in the Pacific in the polarity, ‘‘characterized by cooperation and mercial and ethnic interests has led to a 21st Century.’’ Washington Heritage Founda- concert rather than competition and con- ‘‘domesticization of foreign policy’’ (40). tion, 1997 (Heritage Lecture no. 579). flict’’ (38). Post-Cold War society will have America’s strength is reflected in military, Asia will be the most important region to four cornerstones: ‘‘using less military force economic, ideological, technological and cul- the U.S. in the future, and the U.S. has the to resolve disputes between states, reducing tural spheres, but America is ineffective in greatest power to influence Asian affairs. As the number of weapons of mass destruction influencing other countries (42–43). This par- in the past, U.S. interests in Asia are: ‘‘re- and the number of states and other groups adox is partly the result of a gap between gional stability; access to markets; and free- possessing such weapons, accepting a limited American resources and governmental dom of the seas,’’ (3) and, more specifically, doctrine of humanitarian intervention based power. The nature of American power has ‘‘the promotion of democracy and the rule of on a recognition that people—and not just changed. Immediately after WW II America law; human and religious rights; market states—enjoy rights, and economic open- directly expanded its influence to other parts economies; and regional security for all’’ ness’’ (39). The U.S. should maintain its role of the world. From the 1970s, U.S. power has (11). Although the U.S. is ‘‘responsible for as the only superpower and should model shifted to ‘‘the power to attract’’ (44), as il- the peace and much of the prosperity’’ (3) of itself after nineteenth-century Great Britain lustrated by the power of the U.S. to raise post-WWII Asia, the U.S. role in Asia is (41). The U.S. should persuade other powers money from other countries for the Persian being challenged. The Clinton administra- through consultations rather than negotia- Gulf War and a shift toward widescale lob- tion, through base closings, has sent an am- tions (42–43). Regionalism, which involves re- bying by foreign governments. U.S foreign biguous message to Asia, and most Asian na- gional cooperation, would serve as a good policy, with its attention to special inter- tions, which desire a strong U.S. presence in balance between the extremes of perfect ests, is turning into a policy of particu- the region, fear the U.S. will retreat to isola- internationalism and unilateralism (44), but larism. A policy of restraint (48), which tionism. The U.S. must maintain a strong is problematic because many regions do not would limit attention to special interests, role in Asia and thwart the emergence of a agree on the definition of regional order. An would better position the U.S. to ‘‘[assume] regional hegemon that could threaten Asian American world system involves external in- a more positive role in the future . . . and to security. The Clinton administration does fluences, but the U.S. must play an active pursue national purposes’’ supported by the not have a good policy to meet these needs. and discriminating role in deciding when hu- American population (49). Gilman proposes a ‘‘Pacific Charter’’ (7) to manitarian intervention is necessary. Fi- 13. Hutchings, Robert L. ‘‘Rediscovering ‘The outline the U.S. role in Asia. The U.S. must nally, America must overcome its indiffer- National Interest’ in American Foreign Policy.’’ maintain strong relations with Japan, in- ence to foreign affairs (49). Washington, Woodrow Wilson International crease relations with India, and curb threats 11. Hillen, John. ‘‘Superpowers Don’t Do Win- Center for Scholars, 1996. from China. dows.’’ Orbis, v. 41, spring 1997: 241–257. The end of the Cold War has left the U.S. 9. Haass, Richard N. ‘‘Paradigm Lost.’’ For- The U.S. should encourage a new security struggling to redefine its global role. Encom- eign Affairs, v. 74, Jan.–Feb. 1995: 43–58. system which recognizes the differing inter- passing principles like ‘‘democratic enlarge- The post-Cold War world is in a period of ment’’ and ‘‘new world order’’ fail to fully ‘‘international deregulation,’’ marked by ests and military capabilities of different countries and is founded on the principle address U.S. foreign policy needs; ‘‘new ‘‘new players, new capabilities, and new world order,’’ for example, has been ambig- alignments’’ but lacking ‘‘new rules’’ (43). that the U.S., as the superpower, does not do the little jobs that distract it from its larger uous on the relationship between principles Clinton has advocated a new foreign policy and interests and has been constantly rede- centered around international reregulation role. Because U.S. resources are limited, the U.S. should concentrate on broad security fined and reformulated (2). Foreign policy (44) and characterized by the expansion of should not pit principles against interests. issues and leave regional problems to its al- market democracies, but this strategy serves Principles alone fail to solve foreign policy lies who will serve the roles of ‘‘local doctor more as an ideal than as pragmatic policy. In problems. Interest-based policies should be and cop’’ (243). The downsizing of the U.S. fact, no one doctrine can encompass every tied to U.S. capabilities (2–3). The U.S. military places strains on the U.S. military aspect of foreign policy, but the U.S. should placed top priority on Eastern Europe in re- when it acts in regional disputes, such as the strive toward a foreign policy ‘‘that is clear lations with Moscow and thus helped con- Bosnia conflict, and few post-Cold War con- about ends—America’s purposes and prior- tribute to ‘‘an international environment flicts have truly required heavy U.S. involve- ities—as well as about means—America’s re- conducive to’’ the success of Eastern Euro- ment. The U.S. role in Europe, East Asia, the lationship with and approach to the world’’ pean democracy movements (4). The U.S. Middle East, the Persian Gulf, and South (45). Haass critiques five approaches to for- recognized the importance of German affairs eign policy that are evident in the current America is one of collective defense, which to European security. In other parts of Eu- administration. Wilsonian promotion of focuses on cooperative efforts to ‘‘defend rope, the U.S. ‘‘continued to cling instinc- democratic values is a ‘‘luxury’’ that should against threats to the balance of power in a tively to a dominant role that [it was] no not take precedence over other interests, region,’’ rather than one of collective secu- longer ready to play and so found it difficult such as promoting security in the Middle rity, which responds to a broad range of to cede leadership gracefully to the Euro- East, even with non-democratic allies (46). issues not limited to immediate threats (251). peans’’ (5). These approaches to Western and Economism places undue emphasis on the In alliances with European countries, the Eastern Europe together helped bring about primacy of economics and can be similar to U.S. must preserve its role as a leader and the end of the Cold War, but the U.S. failed neomercantilism (47). Realism correctly ac- needs to readjust the division of labor in or- to develop suitable policies to support post- knowledges threats to the U.S. but neglects ganizations such as NATO. The U.S. should, Communist countries. The Cold War should the ‘‘internal evolution of societies’’ (48). Hu- however, be cautious in increasing Japan’s teach the U.S. that a stable Europe, more manitarianism, which is almost ‘‘post-ideo- responsibilities in Asia. Within the Middle than a stable Asia, is vital to U.S. security, logical’’ downplays immediate concerns and East, ‘‘de facto alliances’’ serve the U.S. bet- and U.S. leadership is necessary for Euro- threats (49). Minimalism ignores factors that ter than ‘‘de jure alliances’’ that exist with pean unity (6–7). A stable Eastern Europe is affect U.S. security and could lead to long- European countries (255). No other regions most vital for a stable Europe. The U.S. term problems that greatly threaten U.S. in- demand a U.S. presence. should not assume responsibility for Russian terests (49). Haass describes three types of 12. Huntington, Samuel P. ‘‘The Erosion of reform; the task should fall into Russian means to U.S. foreign policy. Unilateralism American National Interests.’’ Foreign Affairs, hands (8). The U.S. should ‘‘invite’’ Russia allows the dominant country freedom of ac- v. 76, Sept.–Oct. 1997: 28–49. into the international arena and encourage tion, but can be imitated and abused by American identity has been defined by cul- Russia to pursue peace (9). other powers and can break down inter- ture and creed, ideals such as liberty, con- 14. Joffe, Josef. ‘‘How America Does It.’’ For- national order (50). Neo-internationalism, stitutionalism, limited government, and pri- eign Affairs, v. 76, Sept.–Oct. 1997: 13–27. also known as ‘‘assertive multilateralism,’’ vate enterprise. This identity has been con- No alliance in history has persisted long distributes power and responsibility, but this structed vis-a-vis a foreign ‘‘other,’’ which past victory, and yet the U.S. continues to power may clash with U.S. foreign policy infor much of this century has been com- build its alliance system even after the end terests (51). U.S. leadership would position munism. The end of the Cold War will affect of the Cold War. Organizations like the EU the U.S. as the leader of alliances and coali- American identity and has led the U.S. ‘‘not could challenge U.S. power, and Russia, tions, but could lead to problematic com- to find the power to serve American purposes China, and France have paid lip service to promises (52). Clinton has incorporated each but rather to find purposes for the use of ending U.S. hegemony, but allies of the U.S. mean and end in some form, resulting in an American power’’ (35). Ethnic and commer- have yet to truly turn against America. The inconsistent foreign policy. Haass promotes cial interests now overshadow national in- reason for ‘‘America’s unchallenged pri- ‘‘augmented realism,’’ or ‘‘realism plus,’’ terests in shaping foreign policy. ‘‘Commer- macy’’ lies in the uniqueness of America (16). which would concentrate on threats to secu- cial diplomacy’’ (37) has become a corner- The U.S. ‘‘irks and domineers, but it does rity but would be broader than traditional stone of Clinton’s foreign policy. Ethnic not conquer’’ (16). During WWI and WWII, realism. Haass states that U.S. leadership is groups now play a major role in shaping U.S. the U.S., like Imperial Britain, maintained a the most viable means to meet this form of international involvement; the drive for strategy of checking hegemonies. More re- realism (55–56). multiculturalism and an increase in new im- cently, U.S. policy has come to resemble the

VerDate Mar 15 2010 23:31 Dec 04, 2013 Jkt 081600 PO 00000 Frm 00012 Fmt 4637 Sfmt 0634 E:\2000SENATE\S24FE0.REC S24FE0 mmaher on DSKCGSP4G1 with SOCIALSECURITY February 24, 2000 CONGRESSIONAL RECORD — SENATE S767 policies of Bismarck’s Germany; the U.S. has difficulties, the U.S. demonstrated its ability (21–23). In addition, unlike the pragmatist built a ‘‘hub and spoke’’ relationship with to renew its economic power in the 1980s. foreign policy under the Bush administra- other countries in which ‘‘association with The U.S. is influential in its ‘‘soft power’’ tion, neo-Reaganite foreign policy justifies the hub [Washington] is more important to (American culture) and ‘‘hard power’’ (mili- its engagement not only with practical or them than are their ties to one another’’ (21). tary resources) (56), and is a leader in finance material interests (such as jobs), but also As a result, other countries cannot form old- and technology. These advantages place with the goal of upholding and ‘‘actively pro- style alliances against the U.S. (24). The U.S. America ‘‘in a relatively more favorable po- moting American principles of governance bears a great deal of responsibility in up- sition in the world than at any time since abroad—democracy, free markets, respect holding security for other countries, but this the 1940s’’ (56). It is uncertain, however, for liberty’’ (27–8). America ought to re- benefits and provides for America’s own se- whether the U.S. will sustain its number-one assume that sense of responsibility for global curity (27). position throughout the 21st century. The ‘‘moral and political leadership’’ which un- 15. Kagan, Robert. ‘‘The Benevolent Empire.’’ spread of American influence could lead to a derlay the ‘‘overarching Reaganite vision Foreign Policy, no. 111, summer 1998: 24–34. backlash against the U.S., and other nations that had sustained a globally active foreign Although foreign countries complain about have the potential to develop into super- policy through the last decade of the Cold U.S. global leadership, many countries none- powers. War’’ (28). theless have grown to rely on American 18. Khalilzad, Zalmay. ‘‘Losing the Moment? 20. Layne, Christopher. ‘‘Rethinking Amer- dominance. Although European and other The United States and the World After the Cold ican Grand Strategy: Hegemony or Balance of nations call for ‘‘multipolarity,’’ U.S. domi- War.’’ Washington Quarterly, v. 18, spring 1995: Power in the Twenty-First Century?’’ World nance in fact provides the best option for 87–107. Policy Journal, v. 15, summer 1998: 8–28. global affairs (26). U.S. hegemony is a benev- The U.S. must develop a foreign policy for Layne favors the balance of power strategy olent hegemony (26). The U.S. has risked its the post-Cold War world in order to maintain over the strategy of preponderance (synony- own safety for the safety of other countries, its strength. Secretary of Defense Dick Che- mous with hegemony) that has prevailed in and Americans have believed since WWII ney’s ‘‘Regional Defense Strategy,’’ (88) U.S. foreign policymaking circles since after that ‘‘their own well-being depends fun- which focused on strengthening alliances, World War II. The ‘‘essence’’ of the strategy damentally on the well-being of others’’ (28). preventing the rise of regional hegemons, of preponderance is the creation of ‘‘a U.S.- It is in the best interest of the nations that and eliminating sources of instability, never led world order based on preeminent U.S. political, military, and economic power, and on benefit from this benevolent hegemony to took root under the Bush administration. American values’’ (9). Preponderance is support rather than criticize U.S. power. Ad- Clinton Administration foreign policy, out- unsustainable for several reasons: one, hege- vocates of multipolarity, and the similar lined in National Security Strategy of En- monic power instigates its own demise— balance-of-power theory of global gagement and Enlargement, (88) stresses states that feel threatened will endeavor to parliamentarianism, or world federalism (30), similar points but also emphasizes peace- emerge as new great powers to balance fail to recognize that no other country would keeping efforts, economic issues, and the ex- against the hegemon, thus destroying the be willing to truly take on the responsibil- pansion of democracy. But the Clinton strat- unipolar situation(13); second, the U.S. is at ities and sacrifices multipolarity entails. egy fails to prioritize foreign policy issues, risk of strategic overextension when it must Countries like France and Russia have not and Clinton’s handling of foreign affairs has been controversial. Possible alternatives for defend its extensive interests throughout the adopted measures that would enable them to world in order to maintain its hegemonic shoulder the burdens of multipolarity; what foreign policy are neo-isolationism (89–91), a return to multipolarity (91–94), and global status (17); and third, preponderance as a these countries truly want is an ‘‘honorary strategy will be obsolete in the emerging multipolarity’’ (32): ‘‘the pretense of equal leadership (94–106). Although neo-isolationism offers short-term benefits, in the multipolar world, China, Japan, Germany partnership in a multipolar world without and Russia being the potential new great the price or responsibility that equal part- long term it is likely to lead to power strug- gles and proliferation of weapons of mass de- powers. The balance of power alternative to nership requires’’ (32). The growth of neo-iso- preponderance is ‘‘offshore balancing’’(20). struction. A return to multipolarity and bal- lationism in the U.S. satisfies European calls The premise of the offshore balancing strat- ance of power would allow the U.S. to reduce for less U.S. involvement in international af- egy ‘‘is that it will become increasingly defense spending and concentrate on eco- fairs, but the U.S. must continue to recog- more difficult, dangerous, and costly for the nomic concerns, but depends on other major nize the ultimate importance of its domi- United States to maintain order in, and con- powers ‘‘[behaving] as they should under the nance (34). trol over, the international system’’ (21). As logic of a balance of power framework’’ (93). 16. Kennan, George F. ‘‘On American Prin- an insular great power geostrategically Global leadership, in which the U.S. would ciples.’’ Foreign Affairs, v. 74, Mar.–Apr. 1995: shielded from most foreign threats, the U.S. maintain its position and prevent the rise of 116–126. is in position to disengage itself from many Kennan defines a principle as a ‘‘general rival powers, provides the best option. For of its military commitments and global lead- rule of conduct by which a given country this policy to work, it must ‘‘maintain and ership role, thus avoiding overextension. Off- chooses to abide in the conduct of its rela- strengthen the ‘zone of peace’ and incremen- shore balancing lets the U.S. stand to the tions with other countries’’ (118). This prin- tally extend it; preclude hostile hegemony side and achieve relative gains while other, ciple should provide a framework for policy over critical regions; hedge against less insulated powers quarrel amongst them- and, with special exceptions, should be reimperialization by Russia and expansion selves; it also lessens the U.S. risk of war by ‘‘automatically applied’’ (119). A principle by China while promoting cooperation with allowing the U.S. to act last, when the situa- should be set forth by a political leader who both countries; preserve U.S. military pre- tion is clear (20–22). Geostrategic concerns can reflect the views of the population he eminence; maintain U.S. economic strength are paramount in offshore balancing; other represents. Despite wide differences among and an open international economic system; issues such as ‘‘market and global economic Americans, most Americans agree on certain be judicious in the use of force, avoid over- welfare imperatives’’ are to be subordinate ideals. In choosing when to intervene in extension, and develop ways of sharing the (24). U.S. power and strategic choice are other countries’ affairs, the U.S. should re- burden with allies; and obtain and maintain maximized through offshore balancing (24). spond only to events that truly threaten U.S. domestic support for U.S. global leadership 21. Mastanduno, Michael. ‘‘Preserving the interests (124). U.S. policy must embody and these principles’’ (95). Unipolar Moment: Realist Theories and U.S. John Adams’ principle of foreign policy that 19. Kristol, William and Robert Kagan. ‘‘To- Grand Strategy after the Cold War.’’ Inter- the best way to help other countries is ward a Neo-Reaganite Foreign Policy.’’ Foreign national Security, v. 21, no. 4, spring 1997: 49– through ‘‘the benign sympathy of our exam- Affairs, v. 75, July/August 1996: 18–32. 88. ple’’ (125) rather than through direct inter- Kristol and Kagan advocate a conservative, Mastanduno offers a discussion of realism vention. ‘‘neo-Reaganite’’ foreign policy, in which and its two major variants, the balance of 17. Kennedy, Paul. ‘‘The Next American Cen- American exceptionalism is celebrated and power theory and the balance of threat the- tury?’’ World Policy Journal, v. 16, spring 1999: in which America ‘‘cheerfully’’ takes on the ory, and how these theories apply to dif- 52–58. international responsibilities that come with ferent aspects of U.S. foreign policy. Realism For much of the early twentieth century, its role as the benevolent global hegemon is not itself a theory, but instead a ‘‘research America looked inward in its foreign policy. (32). They assert that ‘‘American principles program that contains a core set of assump- By the end of WWII, however, America’s role around the world can be sustained only by tions from which a variety of theories and as the world’s leader was clear; the twen- the continuing exertion of American influ- explanations can be developed’’ (50). Realist tieth century had become the American cen- ence’’ by such means as providing foreign aid assumptions include an anarchic inter- tury. Later, the Cold War suggested that and playing a role in conflict control or reso- national system and that states are ‘‘like world affairs were dominated by a bipolar lution in its diplomatic and/or military ca- units’’ (52). Balance of Power theory states system of Russian and American power, and pacity when appropriate; they further assert that a hegemonic state will ‘‘stimulate the anti-Americanism abroad and domestic cri- that ‘‘most of the world’s major powers wel- rise of new great powers’’ or the formation of ses at home lent further doubts to the pri- come U.S. global involvement’’ (20–28). Neo- coalitions that will balance against its pre- macy of America. The appearance of an Reaganite foreign policy differs from the ponderance (54). The rational course of ac- ‘‘America in relative decline,’’ however, was neoisolationism of the ‘‘America First’’ vari- tion under this theory is to accept the ‘‘in- not fully accurate (55). The U.S. held many ety in that it is a policy of engagement for evitability of multipolarity’’ and make the advantages over a Soviet Union constantly the purposes of maintaining peace and inter- most of it, by adopting the position of off- plagued with problems, and despite domestic national order, as well as national benefit shore balancer (see Layne)(56). Balance of

VerDate Mar 15 2010 23:31 Dec 04, 2013 Jkt 081600 PO 00000 Frm 00013 Fmt 4637 Sfmt 0634 E:\2000SENATE\S24FE0.REC S24FE0 mmaher on DSKCGSP4G1 with SOCIALSECURITY S768 CONGRESSIONAL RECORD — SENATE February 24, 2000 Threat theory assert that states are not bility in world affairs’’ to ‘‘found a structure down appears prima facie to have negative threatened by power (aggregate resources) of peace for the future’’(44), by devising a Eu- impacts on the national job market. The im- alone; the presence of other considerations ropean structure that would involve both pact upon the U.S. job market as a whole is, such as ‘‘geographic proximity, offensive ca- Germany and Russia and to fully integrate however, minimal in the context and also pability, and aggressive intentions’’ is nec- China into the international system (45–6). can be ameliorated with continued economic essary to constitute a threat (59). The ra- The American goal must not be to counter growth. (Chapter 3) tional strategy under this theory would be to the power of these emerging great powers, Today’s defense industrial base was formed ‘‘pursue policies that signal restraint and re- but ‘‘to channel it in directions that are during World War II, and evolved during the assurance’’—be nonthreatening, in other more benign and that respect the rights of quasi-warlike period of the Soviet Union words (59). Balance of power guides U.S. for- [their] neighbors’’ (46). threat. The strategy of the U.S. military eign economic policy while balance of threat 25. Maynes, Charles William. ‘‘The Perils of against Soviet quantitative military advan- informs U.S. security policy, and the two (and for) an Imperial America.’’ Foreign Policy, tages was technological innovation with theories thus applied has worked together in no. 111, summer 1998: 36–48. qualitatively superior weapon systems. This the scheme to preserve U.S. global primacy America leads the world economically, also demanded large-scale industrial produc- (51). To ‘‘dissuade’’ and delay challenges to militarily, and politically (37). It already tion of products and a massive moderniza- U.S. hegemony, the U.S. must not allow eco- carries the burden of ‘‘a totally dispropor- tion of industry. But with the collapse of the nomic conflicts to undermine security rela- tionate share of the expense of maintaining Soviet Union, the primary role of defense in- tions; the U.S. must be willing to shoulder the common defense’’ as well as being the dustry disappeared and left dichotomous the costs of a ‘‘global engagement strategy’’, ‘‘world economic stabilizer’’ (37). Yet Amer- problems; ‘‘how to reduce the size of the US and the U.S. must consult and get the co- ica should NOT go further and attempt to defense industrial establishment without operation of its allies (a multilateral ap- pursue a policy of world hegemony, for four losing the capability to support the armed proach) and refrain from preaching and im- reasons: ‘‘domestic costs, impact on the forces in the near-term surge by major pow- posing U.S. values (87–8). American character, international backlash, ers such as Russia and China, or to respond 22. Maynes, Charles William. ‘‘America’s Fad- and lost opportunities’’ (39). Since there is to provocations from major regional states ing Commitments.’’ World Policy Journal, v. 16, ‘‘no clear geographical limit to the obliga- and to concurrently facilitate futuristic ar- summer 1999: 11–22. tions’’ imposed on an aspiring hegemon, maments production needed for long-term Maynes traces the American attitude to- America, should it elect to pursue world he- security needs.’’ (Chapter 4) ward multilateralism since the Second World gemony, must be prepared for huge increases Regarding the direction of U.S. military War. Multilateralism and international in- in military and non-military spending, in industry, ‘‘the key objective of U.S. defense stitutions like the UN have fallen out of dollars and in bloodshed (40). Hegemony can industrial policy must be the preservation of favor among the U.S. political elite since the be attempted ‘‘only by using the volunteer critical design, engineering, and production 1980s, due to the restrictions multilateralism army,’’ which would exacerbate the social skills in the United States economy.’’ More- places on America’s freedom of action. To fragmentation between those who reap bene- over, ‘‘long-term U.S. defense production is maintain that freedom, America has moved fits from globalization, and those who have rooted in maintaining a robust manufac- toward unilateralism (‘‘American isola- to pay the price (42). Dangerous too is the ar- turing base within the United States. Fail- tionism in another form’’) by acting alone or rogance supreme power brings, and from ure to preserve a diverse manufacturing base through dominating its alliances (17). which America already suffers. Unilateral will eventually result in increased U.S. vul- Maynes argues that the multilateral experi- actions such as economic sanctions and dic- nerability to foreign veto over U.S. security- ment cannot be abandoned (21). tates to the U.N. and other countries pro- related decisions.’’ (Chapter 5) Globalization brings new transnational prob- voke alienation and resistance, making U.S. foreign dependency on military pro- lems that must be dealt with multilaterally, other countries less cooperative (44). A pol- duction will naturally increase as the United and the balance-of-power approach to foreign icy of hegemony ‘‘will guarantee that in States moves toward a unified commercial/ policy is too prone to catastrophic failure to time America will become outnumbered and defense industrial base and prime manufac- be completely relied upon (20–21). America’s overpowered’’ (46). America should not waste turers continue to reorganize their supplier unilateral approach also creates resentment this post-Cold War moment on pursuing he- networks. Within this framework, long lead- among other states (22). Despite appropriate gemony, but use the opportunity to try to time products such as aircraft, submarines, concerns about the erosion of sovereignty forge a new relationship among great pow- aircraft carriers, and tanks are not vulner- and the erosion of democratic control, Amer- ers. able to foreign suppliers who might prove re- ica must revive the Wilsonian commitment 26. ‘‘Old Challenges in a New Era: Addressing luctant to provide parts for U.S. defense pro- to international organizations and inter- America’s Cold War Legacy, Defense, Economic duction if tensions develops in selected national law (also liberal internationalism), & International Security Concerns.’’ Wash- international relationships. The United for ‘‘the hope for a more orderly and peaceful ington, Institute for Foreign Policy Analysis, States currently has the technology to rees- world lies in the commitment to progressive 1995. tablish industries if required but at a cost. multilateralism . . . [a hope which] will During the Cold War, ideology was the The United States is more vulnerable to never be fulfilled unless the most powerful dominant factor governing international re- stoppage of critical parts and components for country in the world does its share’’ (22). lations. But economic considerations have electric equipment and combat consumables 23. Maynes, Charles William. ‘‘ ‘Principled’ taken the place of ideology with the collapse needed for quick-response intervention oper- Hegemony.’’ World Policy Journal, v. 14, fall of the Soviet Union and following ations. In the long-term, U.S. vulnerability 1997: 31–36. globalization. Unlike during the Cold War will depend on the scope and diversity of the America has the ability to deter attacks era, the transfers of arms and defense tech- United States industrial base.’’ (Chapter 7) against itself, but often lacks the will and nologies to other states are being made Preserving international stability is of resources to compel other states to act in ac- largely on the basis of economic consider- great importance to the U.S. political, eco- cordance with its wishes (35). Maynes sug- ations, not ideology. A laissez-faire approach nomic and military capabilities. After the gests limiting the obligations of principled to arms transfers might have negative im- collapse of the Soviet Union, the security hegemony (specifically in the human rights pacts on regional stability and detrimental condition of the world has been transformed, area) by restricting the U.S. role to pro- effects on future international commercial triggering a dispute about how much mili- viding logistical and political assistance and relations and overall political stability in tary capability should be retained under the acting as an example, instead of taking over the long term (Chapter 1). new uncertain world order. The Clinton Ad- other states’ responsibilities, acting as glob- Even though the U.S. was the leader of the ministration’s Bottom-Up Review (BUR) posal or regional policeman, or imposing Amer- globalization of the international economic tulated the United States must be able to ican views (35–6) system, it failed to adopt internal policies to fight two nearly simultaneous major re- 24. Maynes, Charles William. ‘‘The New Pes- maintain its competitiveness in the world gional conflicts (MRCs). But the U.S. force simism.’’ Foreign Policy, no. 100, fall 1995: 33–49. market. In reality, however, the United structure planning has been complicated Influential authors informed by Hobbesian States considerably depends on importation. along with the continuous change of the realist assumptions express an unwarranted Consequently, it is demanded that the World and the diversity of potential missions mood of pessimism for America’s future, United States continues to improve its eco- unlike during the Cold War. ‘‘As a result of Mayne asserts. The state of the world is bet- nomic competitiveness in international mar- the changes in global stability and Allied ter than it has been for decades and there is kets if it is to reverse the trend of depend- force levels, three questions need to be reex- much America can do for a better future. ency. (Chapter 2) amined. 1) what are the critical inter- The international system is ‘‘structurally The increasing competition incurred from national interests of the United States, 2) sound’’ because no great power is seeking the internationalization and interdependence of what are the emerging threats to inter- hegemonic position (a goal repudiated by the trade transformed the structure of the U.S. national stability, and 3) what military ca- Bush administration)(44). Wars and conflicts economy. For example, wages of U.S. work- pability does the United States need to de- are now more numerous but on a much ers were adjusted to the equilibrium of glob- fend those interests.’’ (Chapter 8) smaller scale—war doesn’t pay like it used al wage levels. This structural trans- ‘‘The twin goals of maintaining a viable to; there is also no ideology fueling a drive figuration of the U.S. economy from indus- U.S. defense industrial base and promoting for world supremacy (43). The U.S. should trial era to information age resulted in U.S. international stability are not mutually ex- use this ‘‘moment of unusual structural sta- defense downsizing. The U.S. defense draw- clusive. As long as discretion is exercised,

VerDate Mar 15 2010 23:31 Dec 04, 2013 Jkt 081600 PO 00000 Frm 00014 Fmt 4637 Sfmt 0634 E:\2000SENATE\S24FE0.REC S24FE0 mmaher on DSKCGSP4G1 with SOCIALSECURITY February 24, 2000 CONGRESSIONAL RECORD — SENATE S769 transfers of U.S. arms to non-aggressive (1). First, the American public prefers a mul- mestic power and that a key factor in deter- states is more desirable than the alter- tilateral approach in U.S. response to crises mining domestic power was the presence or natives of allowing other arms-exporting abroad, while the leadership is more willing absence of moral principles,’’ Rosenthal ob- states to dominate the trade, or cutting off to take unilateral action (112,100). Second, serves that even realists, of whom Morgen- international arms supplies and encouraging although the public recognizes many vital thau is a prime representative, accept that the development of indigenous arms indus- American interests around the world, it is power rests not only on military and eco- tries.’’ (Chapter 9) disinclined to send troops or money overseas nomic might, but also has a moral basis—le- 27. Olsen, Edward A. ‘‘In Defense of Inter- except to defend national self-interests—a gitimacy (54). Working for and achieving so- national Abstention.’’ Strategic Review, v. 24, position Rielly calls ‘‘guarded engagement’’ cial progress at home is ‘‘a prerequisite’’ in spring 1996: 58–63. (105). Altruistic internationalist causes (such the extension of American power and inter- Olsen advocates the return of American as promoting human rights and democracy ests abroad (61). Thus although conservative foreign policy to its pre-Second World War and defending allies’ security) are low pri- internationalism is the more mainstream program of ‘‘abstention, benign neglect, and ority. Guarded engagement ‘‘could prove policy, ‘‘progressive aspirations cannot and non-interventionism within a framework of problematic if global leadership requires the should not be jettisoned,’’ for these aspira- highly selective engagement’’ (58). The U.S. United States to make tougher choices in tions of equality in freedom and opportunity was pulled into a collective approach to se- the next century’’ as the ‘‘world’s only su- constitute the ‘‘purpose of American curity by the special circumstances of the perpower’’ (113). Third, there is a marked politics... [and] for various historical, geo- Second World War and the Cold War, and contrast between public pessimism (major graphic, cultural and technological reasons, even now retains this ‘‘anachronistic’’ pur- concern being international violence) and ‘the area within which the United States suit of world leadership with little concern leadership optimism for the 21st century must defend and promote its purpose [had] for national self-interest (58–9). Now that the world (112). The survey also finds that both become world-wide’’ (61). It is the American Cold War is over, the U.S. should return to a the public and leadership groups are upbeat purpose and ethical obligation to deliver on more ‘‘normal’’ role in world affairs by dis- about globalization (105), and that both are the progressive philosophy, domestically and engaging itself from the ‘‘permanent allies’’ viewing ‘‘economic rather than military globally (the latter by example), in its role and ‘‘entangling alliances’’ frowned upon by power as the most significant measure of as the ‘‘indispensable nation’’ (62). In short, the Founding Fathers (59–61). A policy of dis- global strength’’ (97). moral principles cannot be ignored in foreign engagement and non-intervention is not iso- 30. Rosati, Jerel A. ‘‘United States Leadership policy. lationism; non-intervention merely provides into the Next Millennium: A Question of Poli- 32. Rubinstein, Alvin Z. ‘‘The New Moralists the kind of ‘‘strategic independence’’ that al- tics.’’ International Journal, v. 52, spring 1997: on a Road to Hell.’’ Orbis, v. 80, spring 1996: lows America to get involved ‘‘when Ameri- 297–315. 277–295. cans—not other countries or international The ‘‘constraints and political uncertainty American policy on aid to needy nations organizations’’ decide it is wise (59). Less faced by [American] presidents in today’s do- and especially on military intervention intervention overseas, less foreign aid, and mestic political environment does not bode against political injustices (like ethnic vio- fewer entanglements will let the U.S. shed well for a strong proactive foreign policy in lence) has come under the negative influence burdens its allies can and should carry on the future’’ (310). No longer do presidents of a group Rubinstein calls the ‘‘new moral- their own, and ‘‘maximize U.S. geo-economic have the ‘‘automatic or long-lasting’’ sup- ists’’ (277). The new moralists are a ‘‘dis- influence through a demilitarization of U.S. port behind their foreign policy like they did parate group of influential notables in the involvement overseas,’’ as well as grant the in the Cold War era (307); now they must deal media, academy, and think tanks,’’ who U.S. a ‘‘more benign and unprovocative with a contentious public (307) and a more want to use U.S. military power to ‘‘spread image’’, facilitate ‘‘trade and investment, assertive Congress which increasingly in- democracy, protect the victimized, and pro- and permit a wholesale reduction in obliga- volves itself in foreign policy (308). In addi- mote economic development,’’ even where tions without calling into question American tion, presidential policies are constrained by the U.S. has no strategic stake (277). New prestige and credibility’’ (63). what bureaucracies, usually more oriented moralists assume that the U.S., as the sole 28. Pfaff, William. ‘‘The Coming Clash of Eu- to the past than the present, are ‘‘able and world superpower, must shoulder global lead- rope with America.’’ World Policy Journal, v. willing to implement’’ (309). Finally, the per- ership; that the international community is 15, winter 1998/99: 1–9. sonal qualities of the president also deter- willing to follow its lead; that civil and eth- The Atlanticist dream of an American-Eu- mine the success of presidential foreign pol- nic conflicts must be stopped before ‘‘they ropean political, economic, and security icy—whether the president has the persua- lead to great-power wars’’ and that the U.S. union is unlikely to be realized due to the sive power, professional reputation, public has a ‘‘moral responsibility’’ to promote de- oncoming Western European versus Amer- prestige, and ability to make good choices mocracy and defend the downtrodden (278). ican clash over economic and industrial com- (311). The result of these combined factors is They view national interest through a petition (1). The euro (EU common cur- that U.S. foreign policy ‘‘has tended to be- moral, not strategic, framework (278). Rubin- rency), if successful, will draw investments come increasingly reactive—as opposed to stein criticizes the new moralists for mis- away from U.S. securities as well as become proactive—and, hence, incoherent and incon- using historical evidence and for wrongly a ‘‘powerful rival for denominating inter- sistent over time,’’ rendering the exercise of claiming international support (286–7). For- national trade products’’ (3). Europe is also the much-advocated sustained U.S. global eign policy ‘‘must be affordable, supportable, expected to resist the globalization trend of leadership very difficult (306). and demonstrably in the best interests of the mergers in strategic industries such as aero- 31. Rosenthal, Joel H. ‘‘Henry Stimson’s Clue: country at large,’’ and based on ‘‘sober cal- space and other high-technology sectors to Is Progressive Internationalism on the Wane?’’ culations of fundamental U.S. strategic, eco- achieve and maintain the ‘‘industrial and World Policy Journal, v. 14, fall 1997: 53–62. nomic and political interests’’ (293). ‘‘Except in cases of direct threats to the survival or economic guarantees of sovereignty’’ (5). Eu- Rosenthal explicates and distinguishes the vital interests of the United States, the de- ropean economic and industrial interests philosophies of conservative and progressive termination of which moral goal(s) to em- serve to make European countries more eco- internationalism, and concludes that ‘‘a re- phasize is a matter of choice’’ (294). Further, nomically and politically integrated as a alist foreign policy and a ‘progressive’ social the moral dimensions of foreign policy must union, as EU institutions and policies de- agenda did not have to be mutually exclusive’’ (61). Conservative internationalism is be carefully handled with the proper perspec- velop to maintain these interests; further, tive and sound priorities, in order to prevent these same interests will become a ‘‘new and ‘‘conservative in that it sought modest, incremental change in international relations’’ trivialization, indifference, and self-right- fundamental factor of U.S.-EU rivalry and eousness (292). and maintains the state-centered model in competition,’’ forming an obstacle to trans- 33. Rubinstein, Alvin Z. ‘‘NATO Enlargement atlantic integration (3). Europe does not which nations have sovereign control over vs. American Interests.’’ Orbis, v. 42, winter wish conflict with the U.S., but these vital their own territories and domestic policies 1998: 37–48. interests render conflict almost inevitable (56). Conservatives are concerned with pro- NATO enlargement is not in the U.S. inter- (1). On a slightly different note, Pfaff argues moting American geopolitical and mer- est. The decision to admit Poland, Hungary against an American claim on hegemony, be- cantilist interests, not radical world ref- and the Czech Republic into NATO was based cause hegemony is an ‘‘inherently unstable’’ ormation (56). Progressive internationalism on Clinton’s bid for votes from voters with position that provokes resistance, because takes its cue from the American Progressive strong ties to Central and Eastern Europe, most of the world does not accept the idea of movement and ‘‘sought to extend the ideals and not on a cost-benefit policy analysis (37). American exceptionalism, and because and achievements of the Progressive move- NATO enlargement will cost the U.S. money, American public opinion does not support ment’’ to the world, as reflected in its em- add to NATO’s security burden, and force the the kind of expenditure necessary for hege- phasis on political democracy, and social and new members to divert money from eco- monic pursuit. (6–7). economic justice worldwide (55–7). Progres- nomic and social development in order to up- 29. Rielly, John E. ‘‘Americans and the World: sives also envision a ‘‘One World’’ inter- grade their defense system to NATO stand- A Survey at Century’s End.’’ Foreign Policy, national structure. Rosenthal then writes ards (38–40). Given the new challenges and no. 114, spring 1999: 97–113. that ‘‘the story of American internation- uncertainties facing the U.S. in East Asia, it The latest quadrennial foreign policy opin- alism is a history of how ‘national interests’ is unwise for the U.S. to take on ‘‘unneces- ion survey of the American public and lead- grow out of and are defined by domestic con- sary responsibilities’’ in Europe, where the ership, sponsored by the Chicago Council on siderations’’ (54). Citing Morgenthau’s idea situation is stable (43). Introducing new ele- Foreign Relations, finds three major trends that ‘‘international power depended on do- ments into NATO will disrupt its ‘‘secure

VerDate Mar 15 2010 23:31 Dec 04, 2013 Jkt 081600 PO 00000 Frm 00015 Fmt 4637 Sfmt 0634 E:\2000SENATE\S24FE0.REC S24FE0 mmaher on DSKCGSP4G1 with SOCIALSECURITY S770 CONGRESSIONAL RECORD — SENATE February 24, 2000 strategic environment’’ by affecting power ture worlds include ‘‘new era’’ denoting im- Consensus?’’ Foreign Policy Association, 1998: structures and member cohesion, possibly re- provements in economic and political struc- 64 p. sulting detrimental consequences (44). The tures, ‘‘baseline’’ referring to status quo lev- Sloan contends that U.S. foreign policy in key concern here is Germany. Admitting the els which continue in the same fashion as it the post-Cold War era must be directed by Central and Eastern European members will has since World War Two and ‘‘Malthusian’’ executive leadership with the acknowledg- once again put Germany in the center of Eu- meaning deterioration in which the inter- ment of scholars, analysts, and Congress. A rope, with the potential for rekindling adver- national system is failing and all countries crucial element in comprehending America’s sarial Franco-German and Russo-German re- struggle (2). Potential roles for the U.S. en- new role is to understand world interdepend- lationships, as well as undermining Euro- compass leadership, co-equal, and second tier ency. Sloan proposes U.S. interests can be pean integration as France and Britain as- (3). The leadership function maintains that ‘‘affected by developments in any region of sess Germany’s new, more important status the U.S. will continue the role it has as- the globe’’ (5). Sloan suggests that the U.S. (45). The addition of new members, all ‘‘heav- sumed for the past half century, dominating has been experiencing an ‘‘escapist’’ period ily dependent on Germany,’’ may affect in many aspects of international relations in foreign policy (36). He contends that es- intra-NATO politics (45). Finally, ‘‘any geo- and security. The co-equal option posits that capism is a result of America’s uncertain political development... that transforms the U.S. will maintain its comparative ad- international role in the future and a mis- Germany from an ordinary nation-state into vantage in some aspects but recognize equiv- understanding of U.S. foreign objectives. He a strategic hub... will pose problems for alent or superior ability of other first tier recommends the current Administration ex- America’s presently unchallenged domi- countries. In this respect the U.S. will plicitly defining America’s foreign policy nance’’; in an enlarged NATO where Ger- ‘‘abandon the modern version of manifest agenda based on common values, goals, and many has NATO members as a buffer against destiny and comes to see greater value and interests (59). The author reveals that this Russia (thus reducing its security reliance security in not having to lead’’ (6). The sec- endeavor would ‘‘reflect post-cold-war reali- on the U.S.), America may well lose its le- ond tier role presumes that the U.S. will de- ties and would restore flexibility to U.S. pol- verage in NATO to Germany (45). cline in status, falling below other leading icymaking’’ (59). 34. Ruggie, John Gerard. ‘‘The Past as a Pro- industrialized nations. Schwabe does not hy- 40. Travers, Russell, E. ‘‘A new Millennium logue?’’ International Security, v. 21, Spring pothesize on which of these possibilities will and a Strategic Breathing Space.’’ Washington 1997: 89–125. occur. Quarterly, v. 20, Spring 1997: 97–114. Ruggie uses three past reconstruction peri- 37. Schwenninger, Sherle R. ‘‘Clinton’s World In a reevaluation of threats against U.S. ods in international policy, 1919, 1945, and Order: U.S. Foreign Policy is Hastening—by ac- security Travers suggests eight general pol- post-1947 to predict future trends (109). He cident—Arrival of the post-American Century.’’ icy prescriptions to succeed during the post contends that in all three instances Amer- Nation, v. 266, Feb. 1998: 17–20. Cold War period. Included in his rec- ican leaders advocated ‘‘multilateral orga- Since President Clinton has taken office a ommendations are rejection of isolationist nizing principles...to animate the support ‘‘new global order’’ has taken shape (17). and instant gratification policies which he of the American public’’ (117). He states that Schwenninger states that Clinton’s policy of depicts as being two major mistakes in U.S. these principles are embedded in American ‘‘political isolation and economic strangula- history (110–111). He promotes the use of nationalism and by their nature appeal to tion have hardened into an ideological com- newly defined sovereignty combined with the public. ‘‘Multilateral organizing prin- mitment’’ (18). The author explains his the- neo-Wilsonian ideals ‘‘because it is in the ciples are singularly compatible with Amer- ory through examples of U.S. economic trade U.S. national interest to help build such a ica’s own form of nationalism, on which its agreements and various attempts at sanc- world’’ (112). The author also suggests mini- sense of political community is based’’ (109). tions. He notes that American sanction poli- mizing future threats by addressing poten- However the author is hesitant to define cies especially have done more to strain tial vulnerabilities including possible domes- these acts as ‘‘mere rhetoric’’ or idealism U.S.-European relations than they have al- tic problems. He states that this can be ac- (117). He asserts that various factors must be tered behavior of condemned countries. complished by creating a exceptional intel- taken into account depending on the com- Schwenninger continues by saying, ‘‘It (the ligence community with early warning sys- plexity of each situation, with special focus Clinton Administration) has mismanaged tems to thwart domestic and international on ‘‘strategic interests and collective iden- this period of U.S. dominance in world af- threats. Military preparedness should in- tity’’ (124). Ruggie argues that the outlook fairs by pushing ideologically driven initia- clude readiness in low intensity conflicts for American foreign policy should be not tives (like NATO expansion), which will with small force packages of highest-end simply defined by historical instances or bring little if any lasting benefit to U.S. in- U.S. technology integrated with 1980s- and past successes but in terms of the existing terests or the larger cause of a stable world 1990s-vintage weapons (112). Essentially, situation and political climate. order’’ (20). The author promotes U.S. for- Travers concludes that the U.S. maintains a 35. Schild, George. ‘‘America’s Foreign Policy eign policy that includes labor and environ- favorable strategic position in the post Cold Pragmatism.’’ Aussenpolitik, v. 46, 1st Quarter mental protections, more extensive domestic War era. 1995: 32–40. measures to insure the majority of Ameri- 41. United States Senate, Committee on For- Schild discusses American foreign policy cans benefit, and when needed international eign Relations. ‘‘U.S. National Goals and Objec- transition from isolationism (33) to inter- regulatory structures needed to oversee tives in International Relations in the Year 2000 nationalism (34). The author states that iso- international capital flows (19–20). and Beyond.’’ Hearing, 104th Congress, 1st Ses- lationism ‘‘does not mean the complete de- 38. Shain, Yossi. ‘‘Multicultural Foreign Pol- sion, July 13, 1995. Prepared Statement by coupling of the United States from Europe icy.’’ Foreign Policy, no. 100, Fall 1995: 69–87. Henry Kissinger, 12–22. and from the world’’ but rather ‘‘refusal to In the past century America’s population Kissinger states that every major nation enter into lasting political commitments’’ has expanded considerably. Ethnic groups finds itself in a transitional stage. ‘‘The cur- (33). The change in U.S. foreign policy from living in America have altered the shape and rent world contains six or seven major global isolationism to internationalism was a re- function of U.S. foreign policy. Those in- players whose ability to affect nonmilitary sult of four factors. The era of isolationism volved in U.S. foreign political affairs have decisions is essentially comparable’’ (13). For between the two world wars caused a belief recognized this wave of influence and have this reason Kissinger believes that there are in the American population that it left the acknowledged the resurgence of two stable options for U.S. policy makers: country unprepared for attack, as in the case Wilsonianism (70). However, this presents a hegemony or equilibrium. Hegemony would of Pearl Harbor. The policy failed to provide foreign policy conundrum: foreign policy- allow the U.S. to dominate in the inter- economic growth and the development of makers must take into account the demands national sphere but has been recently renew weapons expanded defense borders be- of citizens but avoid undermining national jected by the American public (13). The equi- yond American coastlines. Finally, the Cold cohesiveness due to ethnic strains. With in- librium or ‘‘balance of power’’ approach has War created an adversary in which the gen- creasingly powerful ethnic influences such as also been dismissed by U.S. society due to eral public accepted the Soviet Union as an diasporic lobbies, ‘‘one should expect to see endless tension that many feel it causes (13). enemy (34). The combination of these factors strong ramifications in U.S. foreign affairs, However, Kissinger maintains that ‘‘the re- led to the emergence of internationalism, de- including a redefinition of U.S. national in- ality is that the emerging world order will fined as universal or transnational interests terest’’. (73) Shain states two ideologies that have to be based on some concept of equi- (34). However, Schild declares that since the ethnic communities encounter when com- librium . . . among its various regions’’ (13). end of the Cold War the trend toward isola- pelled by ethnic and U.S. interests. Isola- He also argues that the U.S. will be forced to tionism has re-emerged, a trend he calls tionists consider their culture superior to impose a variety of foreign policy initia- ‘‘pragmatic foreign policy’’ (33). American culture and reject cultural assimi- tives, based on U.S. relations and each na- 36. Schwabe, William. ‘‘Future Worlds and lation in the U.S. (75). Integrationists en- tion’s political agenda. Concerning countries Roles: A Template to Help Planners Consider dorse a vision of pluralist democracy that in- with which we share common values and Assumptions About the Future Security Envi- cludes cultural and political recognition principles, Kissinger suggests emphasis on ronment.’’ Rand Corporation, 1995. from main stream institutions (78). Amer- democratic principles to usher in the new Schwabe discusses nine possible future ican policymakers will have to carefully con- world order (17). In the case of nontradi- roles for the U.S. concerning international sider these factors when creating and imple- tional U.S. allies he asserts that we must security. He explains the origin of his roles menting foreign policy. avoid containment policies of a generation by distinguishing between possible future 39. Sloan, Stanley, R. ‘‘The U.S. Role in the ago. Containment may allow or possibly pro- worlds and possible U.S. roles. Possible fu- Twenty-first Century World: Toward a New mote unified defiance. (21). Kissinger stresses

VerDate Mar 15 2010 23:31 Dec 04, 2013 Jkt 081600 PO 00000 Frm 00016 Fmt 4637 Sfmt 0634 E:\2000SENATE\S24FE0.REC S24FE0 mmaher on DSKCGSP4G1 with SOCIALSECURITY February 24, 2000 CONGRESSIONAL RECORD — SENATE S771 the need for a well developed and supported that is quite a foreign policy tossed and apply those lessons of the interwar pe- international policy, blind to partisanship. salad. riod. Individuals who are known now as the ‘‘The national interest of the United States But, the point is, discussion and defi- ‘‘wise men,’’ including Presidents Harry Tru- does not change every four years; foreign nition must preface clarity, purpose man and Dwight Eisenhower, Secretaries of leaders judge our country by its insight and State George Marshall and Dean Acheson, its constancy’’ (22). and consensus and Senator CLELAND and Senator Arthur Vandenberg, fashioned a 42. Van Heuven, Marten. ‘‘Europe in 2006: A has done just that along with a strategy of thoughtful, deep American en- Speculative Sketch.’’ Rand, 1997: 16 p. Clelandism, a new concept he will de- gagement in the world in ways they judged U.S. foreign policy with respect to Europe fine in his closing remarks, ‘‘Realistic vital to America’s well-being. As a result, in the next decade should be founded on ‘‘the Restraint.’’ two generations of Americans have enjoyed fact that a secure, stable, and prosperous Eu- In setting the framework for discus- five decades without world war, in which rope is vital to American security and well- sion on the global role our nation will America experienced the most rapid eco- being’’ (13). Europe and America have had a play in the 21st century, the bench- nomic growth in history, and won a great long record of cooperation as a result of victory in the Cold War. similar interest and values. For this reason mark used by virtually all observers is the post-cold-war period. To address this historical challenge political, financial, and social stability in and responsibility, what did the Com- Europe is essential to prosperity in America. Ashton Carter, professor of science Van Heuven stresses that because of our his- and international affairs at the John F. mission recommend? We recommended torical partnership bipartisanship should not Kennedy School of Government at Har- the following: muddle U.S. foreign policy objective in the vard and an Assistant Secretary of De- Challenges to American national interests region (15). Emphasis on pragmatic policies fense for International Security Policy in the decade ahead. Developments around the world pose threats to U.S. interests and such as those concerning the EU and open in the first Clinton administration, put markets should continue to be the American present opportunities for advancing Ameri- objective (15). In closing the author states it very well when he recently wrote: cans’ well-being. Because America’s re- that there is a need for greater public discus- The kindest thing that might be said of sources are limited, U.S. foreign policy must sion about what the U.S. role should be con- American behavior ten years into the post- be selective in choosing which issues to ad- cerning Europe. Cold War world is that it is A-STRATEGIC, dress. The proper basis for making such judg- 43. Weston, Charles. ‘‘Key U.S. Foreign Policy responding dutifully to the (crisis du jour) ments is a lean, hierarchical conception of Interests.’’ Aussenpolitik, v. 48, no. 1, 1997: 49– with little sense of priority or consistency. what U.S. national interests are and are not. 57. A less charitable characterization would be Media attention to foreign affairs tends to Since the end of the Cold War the U.S. has that the United States has its priorities but fixate on issues according to the vividness of remained the only influence capable of inter- they are backwards, too often placing imme- a threat, without pausing to ask whether the national influence. Changes in America po- diate intervention in minor conflicts over a U.S. interest threatened is really important. litically and domestically have influenced ‘‘preventive-defense strategy focused on Thus second- and third-order issues like Bos- U.S. foreign policy decisions. Weston states basic, long term threats to security. nia or Haiti become a consuming focus of that the current Administration’s policy This formula has become awkward, even U.S. foreign policy to the neglect of issues of combines ‘‘idealism with pragmatism and embarrassing, as the years go by. It is an ad- higher priority, like China’s international emphasizes democracy and human rights’’, a mission that we do not know where we are role or the unprecedented risks of nuclear reflection of public sentiment (52). Despite going strategically, only whence we have proliferation. international engagements such as Bosnia, come. It is time to declare an end to the end. Based on its assessment of specific threats ‘‘Washington is not at all keen about the In his recent article, ‘‘Adapting U.S. to and opportunities for U.S. national inter- idea of an offensive and worldwide interven- Defense to Future Needs,’’ Professor ests in the final years of the century, the Commission has identified five cardinal chal- tionism’’ (52). The author concludes that to Carter has recommended identifying an overcome international challenges faced in lenges for the next U.S. president: To cope the 21st century the U.S. must lead alliances ‘‘A-list’’ of security priorities to fill with China’s entry onto the world stage; to with examples of coordination and coopera- the current strategic vacuum. I was prevent loss of control of nuclear weapons tion (57). struck by the similarity between Pro- and nuclear weapons-usable materials, and Mr. CLELAND. Mr. President, James fessor Carter’s A, B, and C lists deter- to contain biological and chemical weapons Lindsay of the Brookings Institution, I mining threats to our national security proliferation; to maintain sound strategic think, well summed up where we in and the recommendations by the Com- partnerships with Japan and the European Congress are today in this great debate mission on America’s National Inter- allies; to avoid Russia’s collapse into civil war or reversion to authoritarianism; and to on America’s proper role in the world ests four years previous that I men- maintain singular U.S. leadership, military in the Winter 2000 Brookings Review, tioned in my opening remarks. capabilities, and international credibility. where he wrote: And, Professor Carter did us another Note the similarity in agreement in Much like friends who agree to dine but favor in his article by quoting George regard to Professor Carter’s recent ar- can’t agree on a restaurant, foreign policy Marshall at the time of America’s pre- ticle in which he says, 4 years later: elites agree that the United States should do vious great strategic transition fol- The public imagination, reflected in the something, just not what. Congress natu- lowing the Second World War. In 1947 rally reflects this dissensus, which makes it press, abhors the post-Cold War’s conceptual at Princeton University, General Mar- vacuum. Under CNN’s relentless gaze, and in difficult for the institution to function. Di- shall said: vided by chamber, party, ideology, region, the absence of any widely accepted strategic committee, and generation, Congress lists Now that an immediate peril is not plainly principles, the accumulation of a decade’s toward paralysis whenever a modicum of visible, there is a natural tendency to relax worth of telegenic events has begun to fur- agreement and a sense of proportion are ab- and to return to business as usual. But, I feel nish the public with a conception of stra- sent. that we are seriously failing in our attitude tegic priorities that differs from an A-list as toward the international problems whose so- defined here. Citizens watching the news In a nutshell, attempting to over- lution will largely determine our future. (and even those few who still read it) can be come this ‘‘dissensus’’ and ‘‘paralysis’’ The report by the Commission on forgiven if they have begun to get the im- is what Senator ROBERTS and I are try- pression that the security challenges of the America’s National Interests in 1996 ex- ing to do in these dialogs. I’d like at new era (the post-Post-Cold War era) arise in pressed a similar view: this point to yield to the distinguished such places as Kosovo, Bosnia, East Timor, Senator from Kansas for his comments. The confusion, crosscurrents, and cacoph- Haiti, Rwanda and Somalia. These are the ony about America’s role in the world today Mr. ROBERTS. Mr. President, I issues that have dominated the security is strikingly reminiscent of two earlier expe- headlines in the 1990s. Indeed, there is even thank the Senator for yielding. riences in this century: the years after 1918 talk of the post-Cold War’s first presidential Mr. President, Senator CLELAND has and those after 1945. We are experiencing doctrine, the so-called ‘‘Clinton Doctrine’’, very effectively outlined the evolution today the third post-war transition of the dealing with precisely this issue. According of our nation’s foreign policy, from twentieth century. In the twenty years after to President Bill Clinton: ‘‘Whether you live Washington and Adams (chary of for- 1918, American isolationists forced within Africa or Central Europe or any other eign involvement and alliances) to the drawal from the world. America’s with- place, if somebody comes after innocent ci- Monroe Doctrine to Wilson’s idealism drawal undermined the World War I peace vilians and tries to kill them en masse be- and all of the so called ‘‘ism’s’’— settlement in Europe and contributed might- cause of their race, their ethnic background ily to the Great Depression, the rise of fas- economism, realism, humanitarianism, or their religion, and it is within our power cism in Germany and Italy, and the resump- to stop it, we will stop it.’’ minimalism, unilateralism, region- tion of war in Europe after what proved to be The Kosovos and their ilk are undoubtedly alism, isolationism with intervention but a two-decade intermission. After 1945, important problems: they represent not only and non intervention tossed in. Now, American leaders were determined to learn atrocities that offend the human conscience,

VerDate Mar 15 2010 23:31 Dec 04, 2013 Jkt 081600 PO 00000 Frm 00017 Fmt 4637 Sfmt 0634 E:\2000SENATE\S24FE0.REC S24FE0 mmaher on DSKCGSP4G1 with SOCIALSECURITY S772 CONGRESSIONAL RECORD — SENATE February 24, 2000 but if allowed to fester can undermine the He went on to say: but as we see after the war in Kosovo, foundations of regional and international As a world superpower, can we dare to it will result in asymmetric threats stability. However, it is also true that such admit that force cannot solve every problem from our adversaries and reduced help problems, while serious, do not threaten we face. I think that the decision to use America’s vital security interests. from our allies. Demographic develop- force is probably the most important deci- ments will stress the infrastructure Carter went on to say there are four sion our nation’s leaders can make. The fun- and leadership in Africa, Asia, and dangers that he puts on the A list, the damental purpose of our military forces is to Latin America. Disparities in global top priority concerns in regard to vital fight and win the nation’s wars. weather and resource distribution will national security interests: No. 1, the General Shelton went on to echo get worse. The reaction to the United danger that Russia might descend into what both the commission on Amer- States and western dominance will chaos, isolation and aggression as Ger- ica’s interests and Professor Carter spur anti-U.S. sentiments now more many did after the First World War; have said: Military intervention should pronounced since Kosovo, the law of No. 2, the danger that Russia and other be used for vital national interests, im- unintended effects. International drug Soviet successor States might lose con- portant national interests, and they cultivation and production and trans- trol of the nuclear and chemical and bi- have been used for humanitarian ef- port and use will remain a major ological weapons legacy of the former forts. But the general cautioned that source of crime and instability. And Soviet Union; No. 3, the danger that, as such efforts should be limited in dura- lastly, ethnic and religious and cul- China emerges, it could spawn hostility tion and clearly defined. rather than becoming engaged in the The general referred to the Dover tural divisions will remain a prime mo- international system; the danger that test, named after Dover Air Force tivation for conflict. the weapons of mass destruction will Base, the point of entry of the bodies of To be sure, the Senate of the United proliferate and present a direct mili- service members that are killed in ac- States cannot solve all the problems, tary threat to U.S. forces and terri- tion overseas. The general said: The but these problems do indeed comprise tory; and finally, the danger that cata- question is, Is the American public pre- current and emerging threats to our strophic terrorism of unprecedented pared for the sight of our most precious national security, international sta- scope and intensity might occur on resources coming home in flagged- bility, and to peace. The question is, U.S. territory. draped caskets into Dover? Can we reach consensus in this body to Professor Carter indicated these A- He said this should be among the address them in a rational fashion as list problems do not take the form of first things raised by Washington deci- the leader in the free world? traditional military threats and they sionmakers. Both Senator CLELAND and I think my colleague has some clos- have not, as a general rule, made head- I agree very strongly. ing remarks, as I do. lines or driven our defense programs The historical analogies aside, there Mr. CLELAND. Mr. President, may I during the decade-old post-cold-war is one clear difference in today’s global say my colleague from Kansas, as he so era. While neither imminent nor cer- world and what faced our political and often does, put his finger right on it. tain, the A-list problems will, to quote military leaders of yesterday. That is The question is one of priorities. I ap- Marshall again, ‘‘largely determine our what I call the information age of the preciate him pointing out the CNN ef- future.’’ CNN effect. Joseph S. Nye, former As- fect. The extent to which this country Both Professor Carter and the com- sistant Secretary of Defense for Inter- mission report go on to stress many ad- can respond to each and every problem national Security Affairs, said in a re- in the world is limited. We have to rec- ditional policy recommendations. I cent article: commend both the report and the arti- ognize that; therefore, we must insist Today the free flow of information and on dealing with our top priorities. cle to my colleagues. shortened news cycles have a huge impact on In trying to better prioritize our na- public opinion, placing some items at the top I deeply appreciate the wonderful tional security obligations, I think we of the public agenda that might otherwise quote of General Shelton which I first are faced with two clear policy alter- warrant a lower priority. Our political lead- heard at an Armed Services Committee natives: The first I call the so-called ers are finding it harder than ever to main- hearing, that we have, in effect, a great Powell doctrine, named after retired tain a coherent set of priorities on foreign hammer, but not every problem in the Joint Chiefs Chairman, General Colin policy issues that determine what is in the world is a nail. What a great way to national interest. phrase that particular point of view. Powell, who focused on the dangers of The so-called ‘‘CNN effect’’ makes it hard- military engagement and rec- er to keep some items off the top of the pub- I appreciate Senator ROBERTS’ men- ommended limiting commitments that lic agenda that might otherwise warrant a tioning General Powell, one of my per- put America’s men and women in uni- lower priority. Now, with the added inter- sonal heroes. I once had the pleasure of form in harm’s way to absolutely vital activity of activist groups on the Internet, it visiting him in the Pentagon when he national interests; the second being the will be harder than ever for leaders in de- was Chairman of the Joint Chiefs of so-called Clinton doctrine, which em- mocracies to maintain a consistent agenda Staff. We spoke about the purpose of of priorities. phasizes more of a global policing role the American military. He said: My for the United States. In closing, let me say that while this purpose is to give the President of the This debate does recall others. It was forum is intended to focus on debate United States the best advice I can on 40 years ago that President Eisen- and discussion, events of the day have how to use the American military to hower’s emphasis on strategic deter- a way of forcing the agenda. stay out of war; but if we get in war, rence was challenged by President I paraphrase from the distinguished win and win quickly. admiral who heads up the Defense In- John Kennedy’s advocacy of something That is still probably the finest defi- called ‘‘flexible response.’’ However, telligence Agency when he said before a recent hearing: We must pay atten- nition of the mission statement of our the difference is that once in office, the military forces I have ever heard. Kennedy administration increased de- tion to uncertainties in regard to Rus- So I thank the Senator from Kansas fense spending, while in the last 10 sia, China, Europe, the Middle East, for his insight and for his timely re- years after engagement and sending and Korea. They must be addressed. We marks. more American service men and must deal with rogue states and indi- women overseas than any other Presi- viduals who do not share our vision of I will now conclude my prepared re- dent took place in tandem with cutting the future and are willing to engage in marks today by offering some prelimi- our military by one-third. violence. Rapid technology develop- nary thoughts as we begin this dia- Our current Chairman of the Joint ment and the proliferation in informa- logue on the U.S. global role. As I said Chiefs of Staff, Gen. Henry Shelton tion technology, biotechnology, and at the outset, I certainly do not have summed up the situation very well communications, tactical weapons, any final judgments or answers to this when he told the John F. Kennedy weapons of mass destruction, pose a critical question. In my view, no one School of Government recently: significant threat. A 50-percent reduc- has, or can have, all of the answers The military makes a great hammer in tion in global defense spending means right now because so many of the ele- America’s foreign policy tool box, but not both our adversaries and allies have ments of the post-cold-war world—in- every problem we face is a nail. not kept pace with the United States, cluding its geopolitical alignments,

VerDate Mar 15 2010 23:31 Dec 04, 2013 Jkt 081600 PO 00000 Frm 00018 Fmt 4637 Sfmt 0634 E:\2000SENATE\S24FE0.REC S24FE0 mmaher on DSKCGSP4G1 with SOCIALSECURITY February 24, 2000 CONGRESSIONAL RECORD — SENATE S773 ‘‘rules of the game’’ in dispute resolu- full and thorough consideration each The PRESIDING OFFICER (Mr. FITZ- tion and trade, and the role of non-na- and every time we put them into GERALD). The Senator from Kansas. tional actors, including non-govern- harm’s way. Mr. ROBERTS. Mr. President, in mental organizations, the news media There are thirteen military installa- closing, I again thank my colleague for and unfortunately transnational ter- tions in Georgia, and I visit the troops undertaking this effort. As usual, his rorists—are in flux. But we cannot let whenever I can. When I go to these remarks have been on point. They have this lack of certainty and finality deter bases, I see weary and beleaguered fam- provided focus. They have been very our efforts to find the best set of poli- ilies who are doing their best to make thought provoking. cies we can now develop, not when it through the weeks and months with- I would like to recount a personal ex- challenges or potential challenges to out their husbands or wives. They are, perience. Last spring, Senator STEVENS our national interests continue to indeed, on the point of the spear of this led a Senate delegation to the Balkans, arise, not when the people of America Nation’s military force. They are pay- to Macedonia. Obviously, we didn’t go are asked to sustain whatever policy ing a heavy toll for our military en- into Kosovo at that particular time. we here espouse. gagements around the world. It is a Along with other Senators, we visited I might say, as a Vietnam veteran price they are ready to pay, but one I the Albanian refugees and the various who almost came back in a body bag, want the Senate to understand and ap- refugee camps. This one was Brazda. the Dover test, the Dover, DE test, or preciate as we continue in our commit- Standing in the cold and in the mud the ability of this country to measure ment of troops aboard. amidst a circle of refugees, there came For what it is worth, based on what the rightness of our actions based on an old man with a stocking cap. It was I have seen and heard to date, I believe the price we are willing to pay, is a pulled over his head. He was recount- we in positions of foreign policy mak- powerful one. ing, through his interpreter, his tale of When our sons and daughters in the ing responsibility in the United States human misery. He had refused to join need to be much more mindful of such military are asked to put their family his wife and family in fleeing their traditional realist diplomatic precepts life on hold and their lives on the line home. He didn’t want to leave home. as ‘‘balance of power’’ and ‘‘equi- in support of whatever the civilian au- He urged them to leave the home be- librium.’’ This is not to say that I be- thorities determine, they have a right cause of his worry about their safety. lieve our distinctly American approach Two sons had fled to the mountains. to ask us if those policies are worth it. to foreign policy, dominated through- I have been deeply disturbed by the He did not know, since he fled at the out by idealist considerations and in tenor of our recent debates in the Con- last moment, where his family was. He most of the 20th century by what is gress and with the administration on a was wearing the shoes of a long-time often called Wilsonian internation- host of important national security friend who was killed in the violence. alism has been wrong-headed or un- issues. Most recently, the Senate failed His home was burned. His savings and founded. Clearly, for the most part, it to ratify the Comprehensive Test Ban life’s wherewithal were destroyed. And has served us well in advancing our with tears in his eyes he grabbed me by Treaty after little meaningful debate vital national interests, whether those the lapels and he said: ‘‘I believe in and no Senate hearings. This was one were securing our national independ- God, I believe in America, and I believe of the most consequential treaties of ence, promoting the spread of self-de- in you.’’ That face will always be with the decade, and it was sadly reduced to termination and democracy, or defeat- me. sound-bite politics and partisan rancor. ing Soviet communism. Yet today, we see the continuing eth- In addition to the CTBT, the Senate But the post-cold-war period is a new nic violence so prevalent in that part has made monumental decisions on our day for America as well as the world. of the world. The Senator from Georgia policies in the Balkans and the Persian In my view, we need not, and certainly mentioned Samuel P. Huntington’s Gulf, funding for the Wye River Ac- will not, renounce our ideals, but in book, ‘‘The Clash of Civilizations: The cords and the future of NATO and the this new era, those ideals must be Remaking of the World Order.’’ The United Nations, all without a com- grounded in a policy which realisti- central theme of that book is that cul- prehensive set of American goals and cally gauges what price Americans can ture and cultural identities, which we policies. Simply put, I do not believe or should pay in support of our global see so prevalent in the Balkans and in we can afford to continue on a path of role. other places around the globe, which at partisanship and division of purpose We have to ask the Dover, DE test: the broadest level are civilization iden- without serious damage to our national How many body bags do we want to see tities, are shaping the patterns of cohe- interests. coming home? We have to ask what sion, disintegration, and conflicts in In addition, as the ranking member price we are going to pay for our mili- the post-cold-war world. of the Senate Armed Services Per- tary. We cannot continue to downsize We should focus on that. I rec- sonnel Subcommittee, I have been our American military by a third and ommend his book to every Senator. It heavily involved in trying to improve increase our commitments abroad by should be required reading. He has five the quality of life for our servicemen 300 percent, whether or not our com- corollaries to his main point which will and women through such steps as in- mitments abroad are actually sustain- help us shape our future foreign and de- creasing pay and enhancing health and able over a period of time. fense policy: education benefits. It is my deeply held Last, I am struck by the words of the One, in the post-cold war world, for view that not only do we need to take conservative editor of the National In- the first time in history, global politics such action to address some disturbing terest, Owen Harries: has become multipolar, multi- trends in armed forces recruitment and I advocate restraint because every domi- civilizational; Westernization is not retention, but we owe these individuals nant power in the last four centuries that producing a universal civilization—a nothing less in recognition of their has not practiced it—that has been exces- shock, perhaps, to many who call service. sively intrusive and demanding—has ulti- themselves decisionmakers in regard mately been confronted by a hostile coali- However, as important as these other to Western civilization. factors are, the ultimate quality of life tion of other powers. Americans may believe that their country, being exceptional, need Two, the balance of power among civ- issues center on decisions made by na- have no worries in this respect. I do not ilizations is shifting. The West is de- tional security decisionmakers here in agree. It is not what Americans think of the clining in relative influence. Asian civ- Washington relating to the deployment United States but what others think of it ilizations are expanding their eco- of our forces abroad. It is these deploy- that will decide the matter. nomic, military, and political strength. ments which separate families, disrupt Mr. President, I appreciate the indul- The Nations of Islam are exploding de- lives, and in those cases which involve gence of the Senate for our discussion mographically, with destabilizing con- hostilities, endanger the service mem- here, and I thank my colleague for his sequences for Muslim countries and ber’s life itself. This is not to say that tremendous insight and his marvelous their neighbors, and nonwestern civili- I believe our soldiers, sailors, airmen, research into the challenges we face in zations generally are reaffirming the and marines are not fully prepared to America’s global role today. I look for- value of their own cultures. do whatever we ask of them. But we on ward to continuing this discussion and Three, a civilization-based world this end owe them nothing less than a this dialog in the coming weeks. order is emerging. Societies sharing

VerDate Mar 15 2010 23:31 Dec 04, 2013 Jkt 081600 PO 00000 Frm 00019 Fmt 4637 Sfmt 0634 E:\2000SENATE\S24FE0.REC S24FE0 mmaher on DSKCGSP4G1 with SOCIALSECURITY S774 CONGRESSIONAL RECORD — SENATE February 24, 2000 cultural affinities tend to really co- account bill and then move forward to The PRESIDING OFFICER. Is there operate with each other. Efforts to other issues. objection? shift societies from one civilization to I am continuing to be hopeful that Mr. REID. I object. another are unsuccessful. And coun- we can get an agreement to proceed on Mr. WELLSTONE. I object. tries group themselves around the lead the Export Administration Act which The PRESIDING OFFICER. Objec- or core states of their civilization. The does have bipartisan support. But we tion is heard. West’s universalist pretensions increas- are working with the key members of Mr. LOTT. Mr. President, I do truly ingly bring it into conflict with other the Armed Services Committee, the regret this objection. But as I have in- civilizations. Governmental Affairs Committee, and dicated before, we will keep working to Finally, the survival of the West de- the Intelligence Committee to make see if we can find a way to get an pends on Americans reaffirming their sure legitimate concerns are addressed agreement to proceed. Western identity and westerners ac- about national security, intelligence, I say to my colleagues, and to the cepting their civilization as unique but and how the concurrence process works American people, what is a more im- not universal, and uniting to renew and between Commerce and State and De- portant issue than education? In most preserve it against challenges from fense. We still are hopeful we can get polls, the people indicate the issue they nonwestern societies. Avoidance of an agreement worked out for that. really are concerned about the most— global war of civilizations depends on For now, I renew my request and ask or certainly in the top three—is edu- world leaders accepting and cooper- unanimous consent that all amend- cation. Also, the indications across the ating to maintain the multi- ments be relevant to the subject mat- board have been that people support civilizational character of global poli- ter of education or related to education the idea of having an opportunity to tics. taxes on the education savings account save for their children’s education, not Simply put, Samuel Huntington says, bill. only for higher education but in some leaders in Western nations, Members of The PRESIDING OFFICER. Is there respects even more importantly K the Senate, the President of the United objection? through the 12th grade. This would States and his Cabinet, maybe we Mr. REID. Mr. President, we have allow parents to set aside up to $2,000 ought to concentrate on strengthening been able to consider every piece of per year per child of their own money and preserving our values where they legislation so far this year in this ses- for their own children’s education are cherished, they have been nour- sion of Congress under unanimous con- needs. ished, and they work well, instead of sent agreements. I emphasize, what we are trying to trying to impose them on countries This is the first amendable vehicle work out does not restrict amendments where they are not welcome. If we do that Members have had to try to on education, or education tax issues. that, we will take a giant step in try- amend this year. There is no attempt Senators who have ideas about edu- ing to set appropriate priorities in re- by the minority to filibuster, to delay cation—local control of education, or gard to our vital national security in- this bill in any manner. Members on other ways we can help the children’s terests. our side simply want the bill consid- education—boy, I can think of a lot of I thank the Senator from Georgia. ered in the regular order, open to amendments that would be applicable We have concluded our remarks. I yield amendment. here. the floor, and I suggest the absence of Like the majority leader, I had the What I do not think we should do in a quorum. good fortune of serving in the House of an education debate is get into a whole The PRESIDING OFFICER. The Representatives. I loved my job in the raft of other important issues—maybe clerk will call the roll. House of Representatives, but there we foreign trade issues, maybe just foreign The senior assistant bill clerk pro- worked under different rules. We had a policy issues, maybe trade amend- ceeded to call the roll. Rules Committee. Before any bill came ments, maybe defense amendments, Mr. LOTT. Mr. President, I ask unan- to the House floor—in fact, the major- gun amendments—a whole myriad of imous consent that the order for the ity leader served on the Rules Com- amendments that Senators could come quorum call be rescinded. mittee—there had to be a rule on that up with that they would want to put on The PRESIDING OFFICER. Without bill as to how long the debate would this bill, perhaps because it is the first objection, it is so ordered. take, how many amendments would be bill. f offered, and how long for each amend- Under Senate rules, Senators will ment. Those are not the rules that have the opportunity to offer whatever AFFORDABLE EDUCATION ACT OF have governed the Senate for 200-plus amendments they may be working on 1999—Continued years, and they should not be the rules as we go through the year. It is just The PRESIDING OFFICER. Under that govern the Senate today. that I think sometimes we get into a the previous order, the Senate will con- We have clearly heard what the ma- position where we start offering the tinue with the consideration of S. 1134. jority leader said today, that other same amendments over and over again. Mr. LOTT. Mr. President, as I indi- things we may want to bring up will be What I am trying to do is get a process cated earlier today, I will attempt scheduled at a later time. But we are to get us to focus on education, have a again now to see if we can work out an not part of that scheduling process. good debate, have amendments, and agreement as to how to proceed on the There are issues we believe are nec- when that is over, pass this legislation education savings account issue. I am essary now in this country to be the that, again, has bipartisan support. prepared to continue working to try to subject of legislation. The only way we There is broad support for the edu- work something out. I think it is per- can do that is through the amendment cation savings account idea. But I will fectly legitimate—in fact, essential— process. We believe the minority continue to work with Senators on that Senators be able to express them- should be entitled to offer amendments both sides of the aisle. I think I am of- selves on education matters as a whole of their choosing. There is no germane- fering a reasonable request. I hope we and specifically as it relates to this ness requirement, nor is there any ne- can get something worked out between bill. cessity that there be a rules committee now and next Tuesday as to how to pro- I think education amendments or such as in the House of Representa- ceed. education-related tax amendments tives. Just because a Member’s amend- CLOTURE MOTION that relate to this bill are very much ment may not be relevant does not Mr. LOTT. However, in order to be in order. I support that all the way. mean it is not important and it is not prepared to try to get an indication of But if it goes beyond that, then you get something about which we should be where Senators are—are Senators for off into all kinds of other issues, and able to talk. savings education accounts or not?—I we will have an opportunity for that I say to the majority leader, we ob- do send a cloture motion to the desk. before this year is over. We have a long ject. I would hope he would reconsider The PRESIDING OFFICER. The clo- way to go. But I hope we can get seri- and allow this matter to proceed in the ture motion having been presented ous consideration, good debate and regular order so amendments can be of- under rule XXII, the Chair directs the amendments, on this education savings fered. clerk to read the motion.

VerDate Mar 15 2010 23:31 Dec 04, 2013 Jkt 081600 PO 00000 Frm 00020 Fmt 4637 Sfmt 0634 E:\2000SENATE\S24FE0.REC S24FE0 mmaher on DSKCGSP4G1 with SOCIALSECURITY February 24, 2000 CONGRESSIONAL RECORD — SENATE S775 The senior assistant bill clerk read as unrelated, nongermane amendment. and not on a value-added tax, our ex- follows: But if the Democrats are prepared to porting firms don’t enjoy this type of CLOTURE MOTION do that, then we will just have to deal tax benefit. This obviously makes our We the undersigned Senators, in accord- with that. The next rollcall vote, how- exports less competitive in world mar- ance with the provisions of rule XXII of the ever, will occur then at 2:30 on Tues- kets. The FSC rules were designed, Standing Rules of the Senate, do hereby day. then, to create a level playing field move to bring to a close debate on Calendar f with these European tax systems. No. 124, S. 1134, The Affordable Education Act of 1999: EXTENSION OF MORNING The appellate body decision is a very Trent Lott, William V. Roth, Jr., Paul BUSINESS serious development because it comes Coverdell, Slade Gorton, Kay Bailey at a time when the World Trade Orga- Hutchison, Rod Grams, Pete Domenici, Mr. LOTT. Mr. President, I ask unan- nization itself is under attack. In my Gordon Smith, Conrad R. Burns, Don imous consent the period for morning view, these attacks are unwarranted Nickles, Mike Crapo, Sam Brownback, business be extended until 5 p.m. with and unjustified, but politically we have Frank H. Murkowski, Rick Santorum, Senators permitted to speak for up to to deal with them. It will probably be Judd Gregg, Tim Hutchinson. 10 minutes each, with the following ex- the case, in one or the other body of Mr. LOTT. Mr. President, this clo- ceptions in the following order: Sen- this Congress, that we will even be vot- ture vote then will occur on Tuesday, ator GRASSLEY for 20 minutes; Senator ing this year on the issue of whether or unless we get something worked out WELLSTONE for 20 minutes; Senator not the United States ought to stay as where we could vitiate that agreement, MACK for 15 minutes; Senator DOMENICI a member of the World Trade Organiza- as we did 3 weeks ago on the bank- for 15 minutes; Senator MURKOWSKI for tion. I think they should, but this case ruptcy reform legislation. We had a 10 minutes; Senator GORTON for 5 min- could impact that decision. cloture motion, we saw good faith on utes; Senator WYDEN for 10 minutes; Of course, we must not allow this set- both sides, we got an agreement and Senator KERREY for 20 minutes. back to undermine either the World worked out, and we vitiated that vote. I further ask unanimous consent that Trade Organization or our support for In the meantime, I ask unanimous following these times, the majority this vital institution. I will do every- consent the mandatory quorum under leader be recognized as under the provi- thing I can to make sure this does not rule XXII be waived and the cloture sions of the earlier agreement. happen. In the meantime, I strongly vote occur at 2:15 on Tuesday. The PRESIDING OFFICER. Without Mr. REID. Mr. President, would the objection, it is so ordered. urge President Clinton to attempt to leader consider having that vote at 2:30 Mr. LOTT. I yield the floor. negotiate a settlement with the Euro- instead of at 2:15? We have a request The PRESIDING OFFICER. The Sen- pean Union that modifies or overturns for that. ator from Iowa. this appellate body’s decision. This should be President Clinton’s No. 1 pri- Mr. LOTT. I amend my request to f put it at 2:30 on Tuesday. ority at the G–8 summit in Okinawa DECISION IN THE FSC CASE The PRESIDING OFFICER. Is there later this year. objection? Mr. GRASSLEY. Mr. President, as I also call upon the European Union The Senator from Nevada. chairman of the International Trade not to take any retaliatory action Mr. REID. Reserving the right to ob- Subcommittee, I rise to express ex- against the United States until we, ject, I say sincerely to the majority treme disappointment about a very ad- through our President, have the oppor- leader and to the majority that we verse decision to the United States tunity to personally discuss this case should be given the opportunity to go handed down in Geneva today by the in Okinawa at the summit there. forward on this bill. We are very anx- World Trade Organization appellate We must make sure we observe the ious to move forward. We believe there body in the Foreign Sales Corporation rule of law in this case and in every is a lot to be done in education. We cer- case, sometimes called the FSC case. case involving international trade dis- tainly want to do that, but we want to I suppose I should not be standing putes. We expect no less from our trad- proceed under the regular rules of the here on the floor crying about the ing partners, and we must do the same. Senate. That does not seem to be ask- United States losing a case before the And since we win the vast majority of ing too much. We are not going to ob- World Trade Organization because we these cases, we find ourselves not in a ject to the waiver of the quorum and win most of these cases. The reason I bad position by taking this moral those kinds of things, but I will say, if am so disappointed in this one is that stand. I think there is a fundamental mis- we are not able to work something out But I hope when we address this case, understanding of the purpose of our before Tuesday at 2:30, I will rec- we bear in mind that while the out- Foreign Sales Corporation tax law. ommend to all Democratic Senators, come of the case itself is very impor- From that standpoint, when we rely so all the minority, that we vote against tant, there is something else at stake; much on income taxes and the Euro- invoking cloture on this issue. That that is, the integrity of our inter- pean Community relies so much on would be too bad. national trading system. We must re- The PRESIDING OFFICER. Without value-added taxes, this sales corpora- member that the WTO benefits every objection, it is so ordered. tion tax law is to equalize the playing farmer and every business that sells its Mr. LOTT. Mr. President, in light of field between Europe and the United goods and services in foreign markets. the agreement, there will be no further States on a lot of key manufactured If we did not have a WTO and, more im- votes today. We do have a number of products. portantly, the discipline in the rule of Senators who have requested time dur- The appellate body decision essen- law in international trade that goes ing morning business, and I will have a tially means the Foreign Sales Cor- with it, we would have only the rule of unanimous consent on that momen- poration rules in our Tax Code violate the jungle. Those who would suffer the tarily. the WTO rules. As I indicated, the ap- most would be the small exporters. The Senate will be in session on Mon- pellate body fundamentally misunder- day debating this very important issue, stood the nature and the intent of the In the United States, two-thirds of education, and education for our chil- Foreign Sales Corporation plan. The all businesses that export have 20 or dren at the 4th-grade level, the 8th- FSC plan was designed to address the fewer employees. It is, then, the WTO grade level, and the 10th-grade level, competitive disadvantage faced by that prevents these small firms from and the merits of being able to save a United States businesses that compete being dominated by their larger com- little of your own money for your own with foreign firms in European coun- petitors in the international market- children’s education. I find it hard to tries that have value-added tax replace. believe that every Democrat is going to gimes. When products from countries Let’s make sure we get an appro- walk down and vote against going for- with a value-added tax regime are ex- priate and fair resolution of this case, ward on education savings accounts—I ported, they typically get rebates. and let’s make sure we maintain our think that is going to be hard to ex- However, in the United States, because strong support for the World Trade Or- plain—because they want to offer an we rely upon the corporate income tax ganization.

VerDate Mar 15 2010 23:31 Dec 04, 2013 Jkt 081600 PO 00000 Frm 00021 Fmt 4637 Sfmt 0634 E:\2000SENATE\S24FE0.REC S24FE0 mmaher on DSKCGSP4G1 with SOCIALSECURITY S776 CONGRESSIONAL RECORD — SENATE February 24, 2000 Mr. ROTH. Mr. President, I am ex- taxation. In fact, a number of those ers whose livelihood is tied closely to tremely disappointed by the WTO ap- European-based firms have U.S. sub- the input costs. pellate body’s decision on the FSC. The sidiaries that take advantage of the We in the Senate should not stand panelists completely ignored economic FSC as well. idly by while a foreign monopoly dic- reality. The FSC is not an export sub- The decision to bring the FSC case tates our States’ economic stability. sidy. It is a remedy for the competitive was made at the European Commission Remember, if oil company CEOs were disadvantage our firms face in the mar- without consideration either for its po- doing this sort of OPEC price fixing, ketplace due to the tax practices of litical impact here or for its impact on they would be in prison for violating other WTO members, particularly the the trading system. In that sense, the the antitrust laws. We obviously can’t members of the European Union. decision to bring the FSC case fits with apply our law to foreign countries in That said, the real problem here is the Commission’s attitude on our dis- the sense that their leaders are vio- not the appellate body’s decision, but putes on bananas and beef and on other lating them. But it is antithetical to the underlying WTO rules. That, and WTO disputes. The Commission seems the principles of free trade and mar- the perverse decision by the European to have forgotten that the European kets, even to the WTO. Saudi Arabia Commission, over the objection of Union member countries are, along wants to get into the WTO. We should many of its own firms and member with the United States, among the not be supporting their entry into the countries, to reopen this trade dispute principal beneficiaries of the WTO sys- WTO if they are using their economic 20 years after we had reached a satis- tem and that the Commission bears the power in a way that is antithetical to factory settlement of these issues. responsibility to shore the system up, the very organization they want to Other WTO members, particularly in rather than engaging in tactics de- join. the European Union, employ a terri- signed to weaken it. Just in the past month, gasoline torial-based tax system that does not Both the Commission’s decision to prices in my State have taken their tax foreign source income, including flout the WTO rules in the beef and ba- biggest jump in 10 years. We now pay income from exports. That system af- nanas disputes and the reckless deci- an average of $1.38 a gallon for gas, an fords a competitive advantage to firms sion to bring the FSC case are deeply average of 17 cents higher than last operating in those jurisdictions that inconsistent with that responsibility. month and 48 cents higher than in Feb- the U.S. tax system, based on world- This case was brought, not for any Eu- ruary a year ago. Diesel prices in my wide reporting of income, does not. The ropean constituency, but for the Com- State are averaging $1.45, which is 12 WTO rules currently permit the use of mission’s own petty political interest cents more than last month and 43 territorial based tax systems, despite in balancing its losses before the WTO cents higher than a year ago. the competitive benefits they confer on with a few wins, regardless of the larg- When considering the family farmers’ products exported from those coun- er consequences for the trading system. plight, OPEC’s action creates a harsh tries. That is what the FSC and the This issue must be made a top pri- duty that is applied to every bushel of DISC before it were designed to offset. ority in discussions at the upcoming G– corn, soybeans, and any other agricul- I want to be absolutely clear about 8 summit. President Clinton must tural product produced in the United my view on this. While I fully expect make the political point to his Euro- States. Anyone who is farming can tell we will live up to our obligations, no pean counterparts that they, not the you that fuel expenditures are always resolution of this issue can leave our Commission, are responsible for setting one of the most costly inputs on the firms, our farmers, and the American the course of the European Union’s farm. worker at a permanent competitive trade policy and that this issue needs The agricultural industry has not disadvantage in the marketplace. to be resolved in terms that ensure a fared as well in recent years. Just last Indeed, I thought we had put this level-playing field for American work- year, prices for all kinds of livestock issue to rest with our European coun- ers, farmers, and firms. As chairman of and grain commodities were at their terparts 20 years ago. But, they saw fit the Finance Committee, I am com- lowest since the 1970s. The outlook for to abrogate the agreement we had mitted to making that happen. the next year is, at best, mixed. At a reached to resolve our prior dispute f time when margins on farm products over the trade effects of their tax sys- are already tight, OPEC has contem and our attempts to redress those STABILIZING CRUDE OIL PRICES sciously increased the price of petro- effects. That agreement included the Mr. GRASSLEY. Mr. President, I rise leum products and expenditures within understanding that, in the future, we to speak about the gouging of the our agricultural community. It is not would take our differences over tax American consumer, particularly high the free forces of the marketplace that policy to fora that were specifically de- energy users and, probably most impor- are doing this. These are political deci- signed for that purpose, and not the tantly, working Americans who are sions that we ought to stand firmly GATT or the WTO. paying such high gasoline prices be- against. The reason for that understanding cause of OPEC. I do this in the context But this isn’t just about family farm- was simple. The GATT and the WTO of supporting a resolution Senator ers and truckers. Sometimes we forget are essentially agreements to reduce ASHCROFT is offering the Senate. I do that trucking impacts almost every in- trade barriers and avoid other discrimi- this not only because he is my good dustry. While farmers and truckers natory trade practices. Nothing in friend but because he knows the impact might feel the most immediate impact those rules was intended to force a on working Americans and on agri- from this action in my home State of member country to choose between culture. Iowa, it is really true that all con- competing tax systems. Yet, that is the This is a sense-of-the-Senate resolu- sumers will eventually feel the far- net effect of the current ruling. tion to communicate to the leaders of reaching effects of OPEC’s marketplace The Europeans’ action raises a far the OPEC nations and even non-OPEC shenanigans. In Iowa alone, trucks broader point about the conduct of cartel producers, prior to the next transport freight for 4,438 manufac- their trade policy. The decision to ab- meeting of the OPEC nations in March, turing companies, supply goods to rogate our 20-year-old agreement and the importance of stabilizing crude oil 19,500 retail stores, and stock almost bring the FSC case, by all accounts, prices. 9,000 wholesale trade companies. was not made at the behest of the EU I appreciate the importance of the Trucks supply goods to 2,359 agricul- member countries. Nor was it made at message by my good friend from Mis- tural businesses and deliver the the insistence of EU firms complaining souri. He realizes the significance of produce and products to market. Annu- that the FSC somehow put them at a this issue because he is from a State ally, trucks transport approximately commercial disadvantage. That is be- with vital interests in the health and 160 million tons in and out of Iowa. cause European firms understand that well-being of the agricultural economy Eighty-three percent of all manufac- they already benefit from the terri- and the transportation industry. The tured freight transported in Iowa is torial-based tax systems and the FSC soaring prices of diesel fuel and of gas- carried by trucks, and over 75 percent was simply a way of providing equiva- oline have had an especially detri- of all communities in Iowa depend en- lent treatment under our system of mental effect upon farmers and truck- tirely on trucks for the delivery of the

VerDate Mar 15 2010 23:31 Dec 04, 2013 Jkt 081600 PO 00000 Frm 00022 Fmt 4637 Sfmt 0634 E:\2000SENATE\S24FE0.REC S24FE0 mmaher on DSKCGSP4G1 with SOCIALSECURITY February 24, 2000 CONGRESSIONAL RECORD — SENATE S777 products my constituents use every gerous and expensive dependence on cation that is important. We know day. foreign sources of energy. I am dis- about school construction. We know OPEC’s action has and will continue appointed it took a crisis to make about smaller class sizes. There are to drive up costs for transportation, some people aware of this unhealthy lots of things we need to do in edu- and the bottom line is that the con- addiction, but now we should all see cation. There are other important sumer will eventually be forced to bear how our dependence on foreign crude things we need to work on. I think we the burden of the cost. As anyone can can impact our economy and why we should have a debate about Social Se- see, this situation has the ability to should seek to develop domestically- curity. I think we have to do some- have a substantial detrimental impact based renewable fuel sources. thing right away about Medicare and on the economies of Iowa and the en- This is a very important issue, and I the attachment of prescription drug tire Nation. applaud the resolution offered by the benefits. Which is very important to For this reason, I have tried to ad- Senator from Missouri. I thank him for our seniors. dress this problem from every angle bringing the resolution to the floor and In the 35 years since Medicare came available to me. I recently wrote to En- for helping to bring this issue to the into being, we now have people’s lives ergy Secretary Bill Richardson and attention of the Clinton-Gore adminis- being saved as a result of people being asked him to encourage the President tration, which needs to finally get on able to get prescription drugs. Senior to use the Strategic Petroleum Reserve top of this growing problem. citizens have an average of 18 different to stabilize the price of petroleum Mr. President, how much time do I prescriptions filled during a period of a products. As he is well aware, the have remaining? year. That is the average. Some have President has the power to use the re- The PRESIDING OFFICER. The Sen- more than that. We need to do some- serve when a very sharp increase in pe- ator has 4 minutes remaining. thing about prescription drug benefits. troleum prices threatens the Nation’s Mr. GRASSLEY. I will reserve that Certainly we need to do something to economic stability. In my opinion, the for use at a later time. have reasonable gun control. All we are current situation meets this test. At Mr. REID. Mr. President, I ask unan- asking is that you are not able to buy the very least, the option should be imous consent to proceed under the weapons at gun shows without a back- heavily weighed. leader’s time. ground check. With pawnshops, the I also sent a letter to Mr. Stanley The PRESIDING OFFICER. Without same should apply, as it applies every Fisher, First Deputy Managing Direc- objection, it is so ordered. place else where you buy a gun in stores. tor of the International Monetary f Fund, to ask that the market-dis- We think we should do something up- SENATE PROCEDURE torting behavior of the 11 members of dating the minimum wage. We think OPEC be weighed when these nations Mr. REID. Mr. President, I want to there are so many issues that deserve apply for loans. Twenty percent of the carry on a little bit regarding the col- our attention, notwithstanding the ter- IMF money comes from the American loquy we have had on the floor during rible health care delivery system we have in this country. Over 40 million taxpayers. We should not be using U.S. the day about the need for us to pro- people have no health insurance. Every taxpayers’ money to further the causes ceed as the Senate has always worked in the 200-plus years of this Republic. I year it is going up 1.5 million. of an economy that is anticompetitive We need to pass a comprehensive Pa- and is strangling the economy of the asked staff during this intermission time to pull for me at random a bill we tients’ Bill of Rights. The lucky people very taxpayers who support the IMF. are those with insurance, but even they IMF is an international organization worked on when we were in the majority. They chose a bill that doesn’t have aren’t being treated fairly. of 182 member nations. Each member of Referring again to the Enterprise a really sexy title but which is very the Organization of Petroleum Export- Zone Tax Incentive Act, H.R. 11, in important; it is called the Enterprise ing Countries also belongs to the Inter- September of 1992, we spent less than 4 Zone Tax Incentives Act. On that piece national Monetary Fund. days on this piece of legislation. We Due to the fact that the IMF’s pur- of legislation, there were 109 amend- dealt with 109 amendments and passed pose is to promote monetary coopera- ments filed. This bill was taken up on a bill. September 25, 1992. tion and economic growth, I find it dis- If we had gone to work on this edu- We completed this bill 3 or 4 days heartening that the member nations of cation bill on Monday, the bill would later and it was passed. The Enterprise OPEC have chosen a course of action have been completed today. But the Zone Tax Incentive Act dealt with which adversely affects economic way things are happening, we are not scholarship tax, dental schools, trac- growth and stability in the United working the will of the Senate, and we tors—many things that really weren’t States. It is for this reason I ask the are not working the will of the people relevant or germane to this particular IMF to consider developing criteria to of this country. I think we need to do piece of legislation. But we dealt with judge market-distorting behavior that as quickly as possible. which would be weighed when nations it. We allowed the minority to offer Mr. WELLSTONE. Mr. President, exhibiting monopolistic behavior apply whatever amendments they wanted, will the Senator from Nevada yield for for loans through the IMF. and we proceeded with the legislation. a quick question? I also spoke out against Saudi Arabia That is what we need to do. That is Mr. REID. Yes. previously in my remarks and about what the Senate is all about. I hope ev- Mr. WELLSTONE. He can answer their joining the World Trade Organi- erybody will understand we are not them in a relatively brief fashion, I zation. I have made this a formal re- asking to break some new territory, think. quest of U.S. Trade Representative new ground, or do something that was First of all, is it not true that when Charlene Barshefsky. never done before. We simply want to his party was the majority party in the As we all know, we have become far say that once in a while we need a Senate the minority party would come too dependent upon foreign oil. For a piece of legislation to which we can out with many amendments to a piece very long time, I have been a leading offer amendments. of legislation and sometimes we would advocate for the development and ex- Now, we are very happy to be dis- have 100 amendments? panded use of renewable sources of en- cussing education. I believe it is the I want to get to the definition of ergy, especially corn-based ethanol as most important issue facing the coun- what ‘‘relevant’’ means so people fol- well as wind energy and biomass. I try today, and my pet project on which lowing this will know what that defini- have been successful in getting tax I have worked for a number of years tion is. credits applied to these alternative with the Senator from New Mexico, Mr. Is it not true that we would have forms of energy. I thank my colleagues BINGAMAN, is high school dropouts. many amendments and we would basi- for their support of that. Three-thousand kids a day—500,000 cally debate these amendments and You have all heard me say that not children each year—drop out of school then after several days of hard work, only is clean-burning ethanol good for in America. even if we had to work 14 hours a day, the rural economy and the environ- That is something we need to work we would go forward and pass that leg- ment, it helps to reduce America’s dan- on. That is only one aspect of edu- islation? That is one of the ways you

VerDate Mar 15 2010 23:31 Dec 04, 2013 Jkt 081600 PO 00000 Frm 00023 Fmt 4637 Sfmt 0634 E:\2000SENATE\S24FE0.REC S24FE0 mmaher on DSKCGSP4G1 with SOCIALSECURITY S778 CONGRESSIONAL RECORD — SENATE February 24, 2000 represent people back home. If there is lice force. They were here every day and whether or not we will do the job a compelling issue, you offer an amend- not only protecting Senators and Rep- here. ment to a piece of legislation and you resentatives but the public. I started I say to colleagues one more time, I hope to pass it. speaking about this before. We had the think this is a scandal. I think it is an I remember the amendment on men- 1-week break. I want to come back to absolute scandal. We have two officers tal health parity that I offered with this again. This is the one issue on that have lost their lives. I believe we Senator DOMENICI. It was an amend- which I want to focus. have made a commitment to the police ment on housing on the veterans ap- We made a commitment to do every- officers and to their families. I think propriations bill. thing we could possibly do to make we have to do much better. It won’t Will the Senator from Nevada not sure the officers were as safe as pos- happen right away, but at least the de- agree with me that is the way the Sen- sible and would never have to go cisions need to be made so we can do ate has always conducted its business? through this kind of hell again, for the staffing to make sure we have two Mr. REID. The answer is yes. They families and for loved ones, and that officers at each post. have the right to offer amendments. the public would be safe. Part of that Mr. REID. Mr. President, I ask unan- Sometimes they offer an amendment commitment was the idea that surely imous consent that following Senator and debate it. at the different stations, especially MACK, the Senator from South Caro- I see my friend, who I came to Con- those with the most public, we would lina, Mr. HOLLINGS, be recognized for 15 gress with in 1982, from Florida, the have at least two officers. minutes as if in morning business. senior Senator from Florida. I have This morning, again—I think it is the Mr. MACK. I object. been talking about this H.R. 11. On Second Street or C Street entrance, the The PRESIDING OFFICER. Objec- that particular piece of legislation, the barricaded part of the Hart Building— tion is heard. Senator from Florida offered five at about 10 o’clock in the morning Mr. REID. Mr. President, we will amendments. when I came in there was one police of- make sure that Senator HOLLINGS has The Senator from Florida had some ficer with all sorts of people. There 15 minutes. good reasons to offer every one of these must have been about 20 people stream- I ask unanimous consent that the amendments. For example, you would ing in. That one officer is in peril, and Senator from South Carolina be al- ask: Why did he offer an amendment the public is in peril. lowed to speak for 15 minutes, fol- dealing with tractors to the Enterprise I cannot believe we have not lived up lowing Senator MURKOWSKI. The Sen- Zone Tax Incentive Act? I don’t know. to our commitment. I say to colleagues ator from Washington has agreed to I am sure he had a good reason for that it is pretty simple. I think the allow the Senator to speak before him. doing so. They had a right to offer the Senate Sergeant at Arms said this: A, That will be about 30 minutes from amendments, and they offered them. we need to pass a supplemental appro- now. Mr. WELLSTONE. Mr. President, on priations bill so that you can use over- The PRESIDING OFFICER (Mr. GOR- this particular piece of legislation that time in the short run to do the staffing TON). Without objection, it is so or- Senator COVERDELL introduced, which so we have two officers at each one of dered. we have been debating, will the Sen- these stations, or each one of these f ator from Nevada not agree with me posts; and, B—I applauded the Senate TANF SURPLUS SHOULD FIGHT that the kind of amendment, for exam- Sergeant at Arms—we need to hire POVERTY ple, I wanted to offer to this legislation about 100 more officers so that on a dealing with the hunger of children, permanent basis we can staff and have Mr. WELLSTONE. Mr. President, dealing with the poverty of children, two officers at each one of these posts. there was a press conference today held dealing with how to deal with the vio- I am telling you, colleagues, what we by the National Campaign for Jobs and lence in children’s lives in their homes have done is absolutely unconscion- Income. There were some very dra- would not be considered to be by the able, or what we have not done. How in matic findings reported. This is di- definition of ‘‘relevant’’ relevant? Yet the world can whoever makes these ap- rectly relevant to the debate we were it affects education and children’s propriations decisions—given all we having with the majority leader. They lives. There have been hardly any op- have been through, given all of our reported today in a prosperous coun- portunities over the whole last year to concern and all of the commitment we try, we still have about 35 million poor come out on the floor with amend- have made, given the service we at- Americans and 13 million of those ments to different pieces of legislation. tended for the two officers who were Americans are children. They reported Is that not true? So it gets to the point slain—how can we not put the re- that while the administration and where you can’t even represent people sources into this so our officers are other Senators and Representatives back in the State as a Senator. safe, and, for that matter, so we are boast about having cut the welfare Mr. REID. Mr. President, I believe safe and the public is safe? rolls in half, we actually have just there are times when we should enter I for the life of me don’t get it. I hon- made a small, hardly any, dent in re- into unanimous consent agreements to est to goodness don’t get it. I think ducing poverty. move legislation. We have been willing that every day I am going to come out Remember, the goal of the welfare to do that. We have done that time and mention this. I can’t believe this. bill was to move people from welfare to after time in an effort to complete Mr. REID. Mr. President, will the economic self-sufficiency. things that are important. Senator yield? They report that the poorest children As I said earlier, I say to my friend The Senator from Minnesota knows I in America are getting poorer. That is from Minnesota, we need opportunities. support him on this issue. I am the worth repeating: The poorest children It should be all the time, but I will set- only former Capitol Hill police officer in America are getting poorer. tle for opportunities once in awhile to serving in the Senate. I know the im- They report there is a whole group of have a bill on which we can offer portance of the issue on which he has people, mothers and children, remain- amendments. We might want to offer spoken. I followed the Senator on a ing in poverty. Many are families an amendment dealing with tractors. I number of occasions, and I back up ev- under tremendous stress and strain. should be able to do that. erything he said. I agree with him. Perhaps a mother has struggled with f Mr. WELLSTONE. Having talked to substance abuse; a mother who is a sin- the Senate Sergeant at Arms, I think gle parent has a severely disabled CAPITOL HILL SECURITY that Senators who care about this child; a mother has been battered, Mr. WELLSTONE. Mr. President, I issue—and I think all do—need to make beaten up over and over again. About come to the floor to raise a question sure our voices are heard. We support every 13 seconds in America, a woman which I can’t believe I have to keep the Capitol Police. is battered in her home. raising over and over again. On the House side, there seems to be There is precious little evidence Many of us attended the services for some slowness on a decision about these families will be able to move to Officer Chestnut and Agent Gibson. whether or not we will pass through work. Pretty soon, depending on the They were part of the Capitol Hill po- the supplemental appropriations bill State, they will be pushed off a cliff.

VerDate Mar 15 2010 23:31 Dec 04, 2013 Jkt 081600 PO 00000 Frm 00024 Fmt 4637 Sfmt 0634 E:\2000SENATE\S24FE0.REC S24FE0 mmaher on DSKCGSP4G1 with SOCIALSECURITY February 24, 2000 CONGRESSIONAL RECORD — SENATE S779 We have no safety net left as a result of ment? I think we have the responsi- are now working, 670,000 people, are no the welfare bill. bility to ensure that the States are longer covered by medical assistance They report there is not one State in spending the TANF money in ways since this bill was passed because after the country where the average earn- that meet the goals of the program, 1 year they are off. Hardly any of these ings is even close to the poverty level which is to move families out of wel- mothers have living-wage jobs. We just income. The vast majority of the jobs fare into jobs so they can support had a report a few weeks ago that the are barely above minimum-wage jobs, themselves. child care situation for their children and after 1 year the families lose their We should insist that the TANF ranges from dangerous to barely ade- health care coverage and are not able money is spent to help struggling fami- quate. Just because they are poor chil- to get good child care for their chil- lies—not put into a surplus, or not to dren does not mean they are not enti- dren, sometimes not any child care. be given back as tax rebates to citizens tled to good child care. Given those findings, I think it across the board. I think it is an abuse We have had this dramatic decline in should give Members pause that we are of the program. food stamp participation. We have no actually seeing an increase in the pov- In this TANF reauthorization, that idea why. It is certainly not because erty of the poorest children in Amer- will be my work as a Senator. I hope there has been much of a decrease in ica; it should give Members pause. other Senators will join. I oppose the poverty. We see the rise of hunger and It is amazing that State governments bill. I am glad I oppose the bill. Those the use of food shelves in our country. with the TANF money have about $7 in favor of the bill should be the first But the States have $7 billion they are billion they have not spent—$7 billion. to want to make sure the money is sitting on. They came here and said: There are all the needs for affordable spent the way it is supposed to be Trust us, just give us the money; we child care, for training, especially for spent. We should insist on account- will do the best with it. additional support services for families ability. But quite often low-income families, that are under unbelievable strain, are Second, I will come back with an poor families, whether they are people mainly women and children in need of amendment. That is what the debate of color or white people, do not have affordable housing, sometimes trans- with the majority leader is about. I am much clout. It is up to us to say: We portation. All of this compelling need a Senator most vocal about having the are a national community. There are and these families are under tremen- right to bring amendments to this bill. certain values we hold dear. There are dous pressure trying to survive under I want an amendment that says we certain things as a national commu- very difficult conditions, and the should have a policy evaluation of nity we hold dear. One of them is, by money we have allocated to these what is happening to the poor children. gosh, there are going to be some stand- States, $7 billion, is not being spent. Don’t tell me that is not relevant to ards everyone is going to have to meet Albeit, some of it can be put in a rainy their education, but it wouldn’t be rel- because whether a child eats or not, day fund and maybe should be because evant to this piece of legislation as de- whether or not there is decent housing, who knows if the business cycle will fined by the definition of ‘‘relevant.’’ It whether or not a family is able to stay up forever. would be an amendment, and I do not make ends meet, whether or not chil- Six States—Connecticut, Kansas, have a right to offer that amendment— dren are able to look forward to a good Minnesota, New York, Texas, and Wis- so says the majority leader. life, should not depend on the State in consin—transferred $800 million from But this is compelling. The poverty which they live. the TANF surpluses to funding proof children is compelling. The poverty We make a commitment as a na- grams other than those that serve poor of the poorest of children is compel- tional community, especially to the families. Quite often it ends up as gen- ling. As a Senator who spent most of most vulnerable citizens in our coun- eral tax rebates, not to the poor. This his adult life working in many of these try, who are children, who are poor year, Minnesota is doing much better communities, I want to have some children. with the TANF money. Last year, I am amendments that deal with the pov- I yield the floor. not proud of what the Minnesota Gov- erty of children and I want to have the The PRESIDING OFFICER. Under ernment did. right to introduce those amendments the previous order, the Senator from My point is simple: to this bill. As a Senator from Min- Florida is recognized. No. 1, the amount of unspent TANF nesota, I don’t want to continue to be f money in the States has reached $7 bil- shut out, by the majority, of my right lion, an enormous amount of money. to come out here and fight for people. COMMEMORATING THE FOURTH No. 2, this money has been unspent Basically, that has been the strategy ANNIVERSARY OF THE BROTH- despite the persistent level of poverty for almost this whole last year. ERS TO THE RESCUE that exists in our country, especially I hope Democrats will, basically, not SHOOTDOWN among women and children. And for let themselves be rolled. I hope Demo- Mr. MACK. Mr. President, I come to children, the poorest of poor children, crats will say: As Democrats, as the the floor today to commemorate four their poverty has increased and some minority party, we are going to insist brave Americans. Theirs is a story of of the States are not spending the on the same rights as the minority courage, it is a story of heroism, and it money to help them. party had when we were the majority. is a story of freedom. No. 3, these low-income families are It is a very important principle. But it Four years ago today, on February not receiving the services and the sup- is not just insider politics. It is all 24, 1996, Fidel Castro sent Cuban MiG port they need to move out of poverty, about whether or not, when you go fighters into the Florida Straits and which is what this bill was supposed to home to your State and meet with peo- killed Carlos Costa, Armando be all about. ple, and you know their problems, you Alejandre, Mario de la Pen˜ a, and Pablo No. 4, although some States are de- want to do better for people—it is Morales. veloping innovative programs, other whether or not you can be a legislator These men were members of a hu- States are diverting TANF money to and come out here with amendments manitarian organization known as pay for tax cuts or other programs that and debate and fight for people for ‘‘Brothers to the Rescue.’’ These volun- are not even targeted to the poor. whom you want to fight. So if there is teers search the Florida Straits for No. 5, in a time of unprecedented eco- no agreement, I certainly hope the rafters. Too many Cubans die each year nomic growth, there are all sorts of Democrats will support one another on in their flight to freedom. The Brothers ways in which the States could be what I think is a very important ques- try to save lives. using this money to invest in children, tion. So my thoughts and prayers today to make sure that families can move Back to the substantive issue, I hope are with the families of the brave and from welfare to economic self-suffi- my colleagues will take a look at what courageous humanitarians who lost ciency, and they are not. is being done to this welfare bill with their lives 4 years ago. I know this day Conclusion: Don’t we write the this TANF money. We have some trou- must be especially difficult for the checks? Doesn’t this money come from bling data from which we cannot turn families—today reminds them of the the Congress and the Federal Govern- our gaze. Most of these families who terrible loss suffered, and today also

VerDate Mar 15 2010 23:31 Dec 04, 2013 Jkt 081600 PO 00000 Frm 00025 Fmt 4637 Sfmt 0634 E:\2000SENATE\S24FE0.REC S24FE0 mmaher on DSKCGSP4G1 with SOCIALSECURITY S780 CONGRESSIONAL RECORD — SENATE February 24, 2000 marks another year passed without this tragedy said on national tele- posing side of this civil action.’’ Are we? We closure. vision; thought we were the victims’ families, victims ourselves. We thought we were Ameri- People need to be able to put the past I am asking that Congress pass legislation cans entitled to protection from our own behind them and move on. But when that will provide immediate compensation to country. We thought Cuba was the terrorist, the families, something to which they are the President and his administration the guilty party. give assurances and advice, and Amer- entitled under international law, out of Mr. President, I ask my colleagues to ican families trust and obey this advice Cuba’s blocked assets here in the United take a moment from their busy sched- only to be dragged along and let down, States. Mr. President, I ask unanimous con- ules today, on this fourth anniversary the administration commits a great in- of the murder of four brave humani- sent to have printed in the RECORD two justice. tarians, and think about the blight of Think for a moment about items which detail this President’s re- terrorism and the cost it has extracted Armando’s sister or Mario’s mother, or quest for legislation. First, a transcript of ABC Breaking News February 26, from too many families of our country. any other family member. Think for a Think also this afternoon about what 1996, with Peter Jennings; and second, moment, how you would feel if your we ask to deter terrorism and promote the White House press release dated brother or son was murdered while vol- justice. I want to read one more quote, February 26, 1996 in which the Presi- unteering with a humanitarian this time from a Federal judge who dent requests this legislation from the organzation—killed by state-of-the-art heard the case brought by the families Congress. I ask that this be printed im- fighter jets flown by the air force of against Cuba. After observing this ad- one of the world’s last totalitarian dic- mediately following my statement. ministration’s change of position from tators? I know the pain for me would The PRESIDING OFFICER. Without support to opposition, he states the fol- be unbearable. objection, it is so ordered. lowing in the March 1999 ruling: (See exhibit 1.) I join with the families today in re- The court notes with great concern that membering these brave men. I want to Mr. MACK. Two months later the the very President who in 1996 decried this tell their story of freedom, their story Congress passed the bill—the Anti-Ter- terrorist action by the Government of Cuba of courage, and their story of heroism. rorism Act of 1996—and the President now sends the Department of Justice to Armando came to the United States signed it in a large ceremony on the argue before this court that Cuba’s blocked from Cuba as a child. He so loved his White House lawn. assets ought not to be used to compensate life here, his freedom, that he joined The Brothers’ families wanted to un- the families of the U.S. nationals murdered the U.S. Marine Corps and volunteered derstand the new rules before they by Cuba. The executive branch’s approach to this situation has been inconsistent at best. for a tour in Vietnam. He volunteered chose to proceed with any civil suit. It apparently believes that shielding a ter- to fight for his adopted home. He sur- They met with officials from the U.S. rorist state’s assets are more important than vived his tour only to be murdered by State Department to clarify the mean- compensating for the loss of American lives. Fidel Castro. He was 45 years old. His ing of the new law. Mr. President, I ask unanimous con- wife of 21 years and his daughter have In their meeting at the State Depart- sent that this section of the court’s de- now lived with the struggle for justice ment, the families were told the U.S. cision be printed in the RECORD fol- for 4 years. They are in our thoughts Government encouraged them to file lowing my statement. today. the civil lawsuit against the Cuban The PRESIDING OFFICER. Without Carlos, a Florida native, was 29 years government. objection, it is so ordered. old when the Cuban government shot Mr. President, I ask unanimous con- (See exhibit 3.) him out of the sky. He was always in- sent that an affidavit by Maggie Khule Mr. MACK. Mr. President, the story terested in aviation and dreamed of one which documents State Department of these four brothers, the Brothers to day overseeing the operations of a support for the lawsuit be printed in the Rescue, is a story of heroism and major airport. He received his college the RECORD immediately following my freedom. These men risked their lives degree from Embry-Riddle Aero- statement. for their own freedom as well as for the nautical University and worked for the The PRESIDING OFFICER. Without freedom of others, and their families Dade County Aviation Department. His objection, it is so ordered. have fought tirelessly for justice. I parents and sister today are in our (See exhibit 2.) hope my colleagues will think about thoughts. Mr. MACK. Mr. President, they took these courageous families. We must, Mario, a New Jersey native, was only the Cuban Government to court. It indeed, honor them and their memories 24 years old when Castro’s MiG’s took took a long time, but eventually they and the memories of their loved ones his life. He was in his last semester at won. In December of 1997, almost 2 this afternoon. Embry-Riddle, working toward his years ago, a United States Federal Mr. President, I yield the floor. dream of becoming an airline pilot. His court entered judgments against Cuba TRANSCRIPT FROM ABC NEWS, FEBRUARY 26, parents and brother are in our for the murders of their family mem- 1996 thoughts today. bers. Justice seemed to be won. The EXHIBIT 1 Pablo left Cuba on a raft in 1992, and end appeared to be near. But the very ANNOUNCER. This is a special report from the Brothers to the Rescue saved his same U.S. Government and the same ABC News. life. Indebted to these heroic pilots, he Clinton administration that encour- * * * * * joined them and began training to ob- aged the families to postpone closure Pres. BILL CLINTON. Good afternoon. Two tain his pilot’s license. Pablo often and pursue legal justice began to op- days ago, in broad daylight, and without justification, Cuban military aircraft shot down talked of his family still in Cuba and pose them. They entered the lawsuit on two civilian planes in international airspace. how much he missed them. Since his the side of Fidel Castro. Search and rescue efforts by the Coast death, there are reports that they have I quote from Maggie Khule’s testi- Guard, which began immediately after we re- been persecuted and discriminated mony of last October before the Senate ceived word of the incident, have failed to against. Our thoughts are with his fam- Judiciary Committee, and Maggie find any of the four individuals who were ily in Cuba today. Khule is the sister of Armando aboard the airplanes. Remember, as you think of these These small airplanes were unarmed, and Alejandre: clearly so. Cuban authorities knew that. The men this afternoon, what they were No words can possibly explain our shock planes posed no credible threat to Cuba’s se- doing when they lost their lives—they when we went to court and found U.S. attor- curity. Although the group that operated the were working to save the lives of oth- neys sitting down at the same table as planes had entered Cuban airspace in the ers. This humanitarian effort must Cuba’s attorneys. How can you explain to a past on other flights, this is no excuse for have so enraged Fidel Castro that he mother who has lost her son, to a wife who the attack and provides—let me emphasize— ordered the interception of these small, has lost her husband, to a daughter who has no legal basis under international law for the lost her father, that their own government is unarmed aircraft by his huge fighter attack. We must be clear, this shooting of ci- taking the murderer’s side?... The Clinton vilian aircraft out of the air was a flagrant jets to be blown from the sky with air- administration has shut its doors to us. Sec- violation of international law. to-air missiles. retary of State Albright, for example, won’t Saturday’s attack is further evidence that Two days after their murder four meet with us on any of our other concerns Havana has become more desperate in its ef- days ago, the President so moved by because, to quote an aide, ‘‘We are on the op- forts to deny freedom to the people of Cuba.

VerDate Mar 15 2010 23:31 Dec 04, 2013 Jkt 081600 PO 00000 Frm 00026 Fmt 4637 Sfmt 0634 E:\2000SENATE\S24FE0.REC S24FE0 mmaher on DSKCGSP4G1 with SOCIALSECURITY February 24, 2000 CONGRESSIONAL RECORD — SENATE S781 Also on Saturday, the Cuban Council, a press that sanctions be imposed until Cuba 9. Mr. Ranneberger replied that no, the broad group that wants to bring democracy provides compensation to the families of vic- payments were meant to be a ‘‘gesture’’ on to Cuba, had planned a day of peaceful dis- tims and abides by international law. the President’s part. He stated that the US cussion and debate. Instead, in the days lead- The United States will seek condemnation government did not want to offend the fami- ing up to this gathering, scores of activists of Cuba by the International Civil Aviation lies, only ease their pain, and that the pay- were arrested and detained. Two have al- Organization and other relevant inter- ments in no way were meant to put a value ready been sentenced to long prison terms. national bodies. on the four murdered men’s lives. They join about 1,000 others in Cuba who are Move promptly to reach agreement with 10. Other family members then posed ques- in jail solely because of their desire for free- Congress on the pending Helms-Burton Cuba tions asking for additional clarification on dom. legislation so that it will enhance the effec- any conditions tied to the humanitarian pay- Now the downing of these planes demands tiveness of the embargo in a way that ad- ments. it was specifically asked if any signed a firm response from both the United States vances the cause of democracy in that coun- releases were to be requested from the fami- and the international community. try. lies upon acceptance of the monies. I am pleased that the European Union Request the Congress to pass legislation 11. Mr. Ranneberger reassured the families today strongly condemned the action. authorizing payment of compensation to the again by stating that accepting the humani- Last night, on my instructions, Ambas- families of victims out of Cuban blocked ac- tarian payments did not make them incur sador Albright convened an emergency ses- counts in New York. any obligations, legal or otherwise, and that sion of the United Nations Security Council Restrict the movement of Cuban diplomats they were free to pursue any other avenues to condemn the Cuban action and to present in the U.S. and tighten criteria for issuing they desired in their search for justice. the case for sanctions on Cuba until it agrees visas to employees of the Cuban government. 12. The possibility of legal action against to abide by its obligation to respect civilian Increase support for Radio Marti to over- the government of Cuba was brought up by aircraft and until it compensates the fami- come jamming by Cuba. the families and Mr. Ranneberger said that lies of the victims. Indefinitely suspend all commercial char- the US government not only did not oppose Today I am also ordering the following ter flights to Cuba. this, but encouraged them to seek justice through US and international courts. unilateral actions. EXHIBIT 2 First, I am asking that Congress pass legis- 13. Richard Mendez brought up the figure lation that will provide immediate com- [In the U.S. District Court for the Southern the US government had advised the families pensation to the families—something to District of Florida, Southern Division, they would be receiving and commented that which they are entitled under international Civil Nos. 96–10126, 96–10127, 96–10128 Judge the amount was so small it was meaningless. law—out of Cuba’s block assets here in the King] Mr. Ranneberger responded that this figure United States. If Congress passes this legis- MARLENE ALEJANDRE, ET AL., PLAINTIFFS, v. was intended as a humanitarain gesture, not lation, we can provide the compensation im- THE REPUBLIC OF CUBA AND THE CUBAN AIR as compensation. mediately. FORCE, DEFENDANTS I declare under penalty of perjury that the foregoing is true and correct. Second, I will move promptly to reach DECLARATION OF MARGARITA A. KHULY agreement with the Congress on the pending Date: January 12, 1999. Margarita A. Khuly, pursuant to 28 U.S.C. MARGARITA ALEJANDRE KHULY. Helms-Burton Cuba legislation so that it will § 1746, declares the following under penalty of EXHIBIT 3 enhance the embargo in a way that advances perjury: the cause of democracy in Cuba. 1. My name is Margarita Alejandre Khuly, [U.S. District Court, Southern District of Third, I have ordered that Radio Marti ex- my Social Security No. 000–00–0000, and my Florida, Case Nos. 96–10126–Civ–King, 96– pand its reach. All the people of Cuba must address is 7501 SW 62, Miami-Dade County, 10127–Civ–King, 96–10128–Civ–King] be able to learn the truth about the regime Florida 33143. MARLENE ALEJANDRE, INDIVIDUALLY AND AS in Havana, the isolation it has earned for 2. My brother, Armando Alejandre, was PERSONAL REPRESENTATIVE OF THE ESTATE itself through its contempt for basic human murdered by the government of Cuba on Feb- OF ARMANDO ALEJANDRE, DECEASED, PLAIN- rights and international law. ruary 24, 1996. He and three other men were TIFF, v. THE REPUBLIC OF CUBA AND THE Fourth, I am ordering that additional re- shot down by the Cuban Air Force over inter- CUBAN AIR FORCE, DEFENDANTS, v. AT&T strictions be put on travel in the United national waters while flying two small, un- CORPORATION, AT&T OF PUERTO RICO, INC., States by Cuban officials who reside here and armed civilian aircraft on a humanitarian GLOBAL ONE COMMUNICATIONS, L.L.C., that visits by Cuban officials to our country mission. SPRINT CORPORATION, WILTEL, INC., be further limited. 3. On August 22, 1996, I attended a meeting TELEFONICA LARGA DISTANCIA DE PUERTO Finally, all charter air travel from the at the United States Department of State, RICO, INC., MCI INTERNATIONAL, INC., IDB United States to Cuba will be suspended in- Cuba Desk, to discuss issues related to the WORLDCOM SERVICES, INC., MCI WORLDCOM, definitely. shoot down. Also present were the following INC., CITIGROUP INC. AND ITS SUBSIDIARIES, These deliberate actions are the right ones relatives of the murdered men: Marlene AND THE CHASE MANHATTAN CORPORATION at this time. They respond to Havana in a Alejandre, Mario de la Pena, Miriam de la AND ITS SUBSIDIARIES, GARNISHEES way that serves our goals of accelerating the Pena, Jorge Khuly, Mirta Mendez, Richard arrival of democracy in Cuba, but I am not Mendez and Nelson Morales. ruling out any further steps in the future, MIRTA MENDEZ, AS PERSONAL REPRESENTA- 4. The meeting was chaired by Michael E. TIVE OF THE ESTATE OF CARLOS ALBERTO should they be required. Ranneberger, Coordinator, Office of Cuban Saturday’s attack, was an appalling re- COSTA, DECEASED, PLAINTIFF, v. THE REPUB- Affairs, United States Department of State. LIC OF CUBA AND THE CUBAN AIR FORCE, DE- minder of the nature of the Cuban regime— Others US government officials present in- repressive, violent, scornful of international FENDANTS, v. AT&T CORPORATION, AT&T OF cluded Hal Eren, OFAC; Robert Malley, NSC; PUERTO RICO, INC., GLOBAL ONE COMMU- law. In our time democracy has swept the Lula Rodriguez, State, and Susana Valdez, globe, from the Philippines exactly 10 years NICATIONS, L.L.C., SPRINT CORPORATION, WH liaison. WILTEL, INC., TELEFONICA LARGA DISTANCIA ago, to Central and Eastern Europe, to South 5. The issues discussed at this meeting in- Africa, to Haiti, to all but one nation in our DE PUERTO RICO, INC., MCI INTERNATIONAL, cluded the forthcoming humanitarian pay- INC., IDB WORLDCOM SERVICES, INC., MCI hemisphere. I will do everything in my power ments from the United States government to to see that this historic tide reaches the WORLDCOM, INC., CITIGROUP INC. AND ITS each family of the four murder victims. SUBSIDIARIES, AND THE CHASE MANHATTAN shores of Cuba. 6. The families had been asked to bring And let me close by extending, on behalf of CORPORATION AND ITS SUBSIDIARIES, GAR- with them to this meeting personal and fi- our family and our country, our deepest con- NISHEES. nancial institution information so that the dolences to those in the families of those United States government would directly who lost their lives. ARIO DE LA ENA AND IRIAM DE LA transfer the humanitarian payments to indi- M T. P M Thank you very much. vidual bank accounts. A handwritten hand- PENA, INDIVIDUALLY AND AS PERSONAL REP- out requesting these facts and distributed at RESENTATIVES OF THE ESTATE OF MARIO M. [From The White House, Office of the Press DE LA ENA ECEASED PLANTIFF THE the meeting was to be filled out and mailed P , D , , v. Secretary, Feb. 26, 1996 EPUBLIC OF UBA AND THE UBAN IR to R. Richard Newcomb, OFAC. R C C A FACT SHEET ON CUBA 7. Several concerns related to these hu- FORCE, DEFENDANTS, v. AT&T CORPORATION, AT&T OF PUERTO RICO, INC., GLOBAL ONE The President has directed his Administra- manitarian payments were discussed at this COMMUNICATIONS, L.L.C., SPRINT CORPORA- tion to take the following steps immediately meeting Very important was the one dealing TION, WILTEL, INC., TELEFONICA LARGA in response to the Cuban Government’s bla- with limitations, if any, contingent upon ac- DISTANCIA DE PUERTO RICO, INC., MCI tant violation of international law: ceptance of the humanitarian payments. INTERNATIONAL, INC., IDB WORLDCOM SERV- Seek rapid international condemnation of 8. Miriam de la Pena specifically asked Mr. ICES, INC., MCI WORLDCOM, INC., CITIGROUP Cuba’s actions. Ranneberger that if accepting President INC. AND ITS SUBSIDIARIES, AND THE CHASE The European Union today strongly con- Clinton’s humanitarian payments meant the MANHATTAN CORPORATION AND ITS SUBSIDI- demned the Cuban shootdown. families would then be restricted in seeking The United States will seek United Na- other measures of justice, including legal ARIES, GARNISHEES. tions Security Council condemnation and and financial ones. * * * * *

VerDate Mar 15 2010 23:31 Dec 04, 2013 Jkt 081600 PO 00000 Frm 00027 Fmt 4637 Sfmt 0634 E:\2000SENATE\S24FE0.REC S24FE0 mmaher on DSKCGSP4G1 with SOCIALSECURITY S782 CONGRESSIONAL RECORD — SENATE February 24, 2000 The Court concludes that, contrary to the colleagues and some of those who have accomplished in terms of control- President’s intention in executing the waiv- might be watching to briefly review ling the spending of our National Gov- er, Congress did not intend to give the Presi- some facts surrounding the Federal ernment. dent the broad authority to waive the new budget. So here is chart No. 2. It has a lot of subsection (f)(1) when it gave him the power to waive ‘‘the requriements of this section.’’ One can provide different interpreta- things on it. I just put it up because it In so ruling, the Court gives considerable tions of numbers, but a number is a shows, in five intervals over the last 30 weight to the fact that the larger part of the very stubborn thing. It is what it is. years, the major components of the available legislative history supports this in- Using the help of some charts, I will budget. We can clearly see that total terpretation. Also persuasive is the fact that provide a very brief historical overview Federal spending has increased, to section 117 is the outgrowth of the 1996 of the Federal budget today. where this year the Federal Govern- AEDPA amendments to the FSIA. Congress Chart No. 1 is the total budget sur- ment is likely to spend $1.8 trillion. therein expressly waived the jurisdictional plus and deficit over the last 30 years. In terms of the totality of the budg- immunity of terrorist foreign states, and After nearly 30 years of Federal deficit et—in all of its components: Military, also their immunity from attachment or execution. Congress later clarified the mech- spending—and my colleagues can see entitlements, the 13 appropriations anism through which the victims of an at- the surplus/deficit excluding Social Se- bills—it has been going up every year. tack by a terrorist foreign state may sue for curity is in green and the total budget Now we are at about $1.8 trillion. That compensatory and punitive damages. By en- surplus is in red. The green, as one can is an interesting number because if acting section 117, Congress expanded the see, starting back in 1965 and going all there is a $4 trillion surplus—just to property subject to attachment/execution, the way to 1998, is constantly below the compare—that means we will have giving the victims a larger pool of assets line, meaning we have been in deficit more than 2 full years of the Federal from which to satisfy any judgment in their for that whole period of time. budget in surplus during the next dec- favor. All of these legislative enactments are We finally reported a balanced budg- guided by a single purpose: to provide an exe- ade. That is a rather profound and cutable judicial remedy to the nationals of et, under the unified budget process in major change in things over the past 35 the United States attacked by a terrorist 1998, of nearly $70 billion. Last year, in years. foreign state. Had Congress intended to give 1999, we once again successfully The country has grown over the last the President the authority single-handedly achieved a unified budget surplus of 30 years, and it has grown faster than to impede achievement of this goal, it could $125 billion. But more importantly— Government spending. So while we have done so more clearly in section 117(d). noting the green line on this chart—we reached a peak of nearly 23 percent of Its failure unambiguously to do so favors a will be able to balance the budget not our gross domestic product in 1985, narrow reading, both in light of legislative counting the Social Security surplus. today it has declined almost 5 full per- history and the fact that Congress usually specifies the waiver authority it grants with The red line is the total budget surplus cent; that is, we are now at 18.5 percent greater clarity. The President cannot simply and the green is Social Security bal- of our gross domestic product in the express his intention to execute a law a cer- ances. total spending of the American Govern- tain way if that action is not allowed by the Here is the way the budget goes. We ment, including interest on the debt, legislative authority to which it is made pur- now have a surplus above zero in both entitlements, Social Security, and 13 suant.16 If the Government, the Garnishees, the Social Security and in the non-So- appropriations bills—and, obviously, Non-Party ETECSA, or any other individual cial Security accounts of our Govern- one of those is the defense bill. or entity objects to this Court’s interpreta- ment. Last year, we actually achieved This bar chart points out a phe- tion of this unclear legislative mandate, it should turn to Congress and have that gov- a surplus—not very much—of $1 billion, nomenon of which I think we are all ernment branch clearly enunciate a broad and certainly that is substantially bet- aware. Let’s just look at it for 1 waiver authority in an amended section ter than when we were approaching minute. Entitlement spending today 117(d). It is this Court’s responsibility to in- $300 billion in deficits. represents 55 percent of all Federal terpret the law as written; only Congress can For the current fiscal year, we expect spending. If we add paying the interest re-write the law. a surplus of $176 billion, and, of that, on our national debt as another enti- * * * * * nearly $23 billion excludes the Social tlement—and it might be that, so let’s FOOTNOTE Security moneys, meaning we have add it in—then 77 percent of what we some money left over in surplus after 16 The Court notes with great concern that the spend every year is either mandatory very President who in 1996 decried this terrorist ac- we put all the money in the Social Se- spending or an entitlement. tion by the Government of Cuba now sends the De- curity trust fund that is required by I did not go back in history to equate partment of Justice to argue before this Court that law. the percentages under other Presi- Cuba’s blocked assets ought not be used to compensate the families of the U.S. nationals murdered Projections for the near future re- dents, but suffice it to say, not too by Cuba. The Executive branch’s approach to this main positive. Of course, depending on long ago, in the era of, let’s say, Presi- situation has been inconsistent at best. It now ap- what policies we enact relating to dent Kennedy’s tenure, clearly, about parently believes that shielding a terrorist foreign taxes or spending, the Social Security states’ assets are more important than compen- 40 percent of the entire Federal budget sating for the loss of American lives. surpluses will continue to accumulate was entitlements; and now we are up to The PRESIDING OFFICER. Under over the next decade, and the rest of 77 percent. the previous order, the Senator from Government also is expected and pro- Let’s look at the third chart: Growth New Mexico is recognized. jected to see surpluses as far as the eye in Total Outlays. This is very impor- f can see. tant. For those who wonder about how By the year 2005, the Congressional poorly we do or how well we do when THE BUDGET PLAN Budget Office expects the surplus to be we finally finish all our work—it might Mr. DOMENICI. Mr. President, I between $270 billion and $300 billion. not look pretty; it may take too long; want to spend a little time talking One thing that this job has taught me there may be a lot of scuffling on the about what has transpired with the is to be very careful in statements appropriations bills—I would like very U.S. budget over the last 35 years, and about the long term. I could spend much to make sure we all take a good, I will focus mostly on the last 5 years. some time suggesting that these long- careful look at this chart and see what I think everyone knows that next term surpluses are very reliable and we have really been doing that has con- month we begin the process of pro- credible, but I will do that at another tributed to the great fiscal policy of ducing a congressional budget plan for time. Today, instead of statements this country and to our position today the fiscal year that begins this coming about the long term, what I want to do of low interest rates and sustained eco- October. The Senate Budget Com- is talk about—rather than pontifi- nomic growth. mittee, which I have been honored to cating about the future and what we This is a very dramatic chart. It is chair, will complete its hearings next might expect—about what has passed, very simple but very dramatic. The week on the President’s budget which just so there will be an understanding blue on the chart is what is called was submitted to Congress earlier this of whether or not Congress and the nominal growth, and the red is real month. Before we begin the task of pro- Senate and the Budget Committee and growth. The nominal growth includes ducing that budget blueprint, I thought the appropriators and everybody in inflation, plus the growth beyond infla- it might be of interest to some of my this body ought to be proud of what we tion. It is very interesting what we

VerDate Mar 15 2010 23:31 Dec 04, 2013 Jkt 081600 PO 00000 Frm 00028 Fmt 4637 Sfmt 0634 E:\2000SENATE\S24FE0.REC S24FE0 mmaher on DSKCGSP4G1 with SOCIALSECURITY February 24, 2000 CONGRESSIONAL RECORD — SENATE S783 have done. Because we think it makes knows this; Senator HOLLINGS knows growth was 2.6 percent. If we can con- the most sense, we have gone back to this—we had a lot of emergency money tinue growth in this manner, which is 1965 and done this on 5-year intervals. we put in. We had an agricultural principally predicated upon controlling So we have taken 5-year intervals and emergency 3 years in a row. We had the costs of health care, which the then taken the average for that 5-year some military emergencies where we Government pays for partially or to- interval. got into wars, and we had not funded tally, we can keep our government It is rather dramatic to see what is them, so we put them in as emer- under control and the costs can con- shown on the chart, without any expla- gencies. They can be whatever you tinue to come down. nation—the dramatic reduction in the want, but when the year is finished National defense is something we percentage of growth in actual total they are part of the total outlays. If, in ought to be concerned about because outlays year after year. It was not long fact, you allocated the money, and put we have thrown some numbers around ago we were talking about deficits as it in an appropriations bill, it would and some percentages. The facts are be- far as the eye could see. Now, as this eventually be spent, whether it was an fore us, and they don’t look too good. chart shows, as the reality of the years emergency or whatever, and that is the The truth is, since the 1985–90 era, ev- 1995 through 2000 has become true, we reason we talk about total outlays. erything since that time has been no are beginning to see rather large sur- The fourth chart only shows the red, growth in defense rather than growth. pluses. which depicts real growth. For some If you are looking at the chart turned I might add, by way of taxes—with people—not me at this point; I am not upside down, when it comes to the last which I do not think we did much in sure everything should increase by the decade, defense spending starts to come these charts—even though taxes, for rate of inflation every year—but some out on the negative side, meaning year certain Americans, may be lower than people think that should be the policy after year the outlays for defense have 15 or 20 years ago, but the percent of of our Government. gone down rather than up, and these our gross domestic product that goes What we are looking at here in each are the numbers. We are doing a little to taxes is the highest since the end of of these years is: What was the real better in the 5 years of 1995–2000 than the Second World War. So it is obvious, outlay growth, on average, over the 5- we did in 1990–95, but it is clear that if, if your taxes are the highest and your year intervals, meaning without infla- in fact, we think we have been really growth in Government is the lowest, tion? It is pretty simple. If we took the increasing defense in terms of outlays, you begin to develop a rather good sur- 35-year average, and we drew a line— as we finally get them accounted for, it plus. It is kind of easy to see that looking at the years 1965 to 1970, it was is obvious we have a long way to go if much of that surplus is because we are almost 6 percent—but the average for we are going to say we have increased taxing the American people at a higher the 35 years is 3.1 percent. Looking at defense spending. I am not saying we percent of our total production than we the last decade, real growth for the must. I am merely giving some facts as ever have since the Second World War years 1990 to 1995 was 1 percent; from they show up here. when we had all kinds of taxes. 1995 to 2000, it was 1.3 percent. In summary, the data suggests to me Let’s just look at this chart and take Frankly, somebody did something that we have been successful in con- a couple of years. Growing at an an- right. If we are talking about restrain- trolling the rate of Federal spending. nual rate of nearly 12.2 percent in the ing expenditures of Government so as And while we must continue to be vigi- late 1970s, the total Government spend- to produce a fiscal policy that puts us lant and very careful, in this time of ing right now that we can tell you al- in balance and ultimately creates a projected budget surpluses, to avoid re- ready occurred—as I said in my open- surplus—I know my dear friend, Sen- turning to an era of expansive Govern- ing remarks, we are not predicting. ator HOLLINGS, is here and his and my ment spending, I do not think we Numbers that are behind us are hard to definition of ‘‘surplus’’ may differ, but should dismiss what these charts show. throw away. We have been successful in controlling For the years 1995 to 2000, the total I think anybody who looked at this Government spending, and we have amount of growth in our Government, would say we are surely moving in a di- been most successful in the last decade, including appropriated accounts, is 3.1 rection different from what we did for very successful in the last 5 years. percent; and of that, the real growth— most of the last 35 years. There are many institutions, entities, that is, noninflationary growth—is 1.3 In terms of how much we are letting and people who can take some credit percent. Government grow, the fifth chart Just compare that quickly with shows major components of the entitle- for what has happened to the American other periods of time shown on the ments and other mandatory programs. economy, but I believe it is fair to say chart. Pick any interval you like. The 35-year average annual rate of that the Budget Committee of the Sen- From 1980 to 1985, the nominal growth growth of Government spending has ate, not always under my chairmanship was 9.9 percent, the real growth was 3.6 been about 3.1 percent. but under the chairmanship of others, percent—almost three times as much The PRESIDING OFFICER. The Sen- has been part of a decade of tremen- in real growth as it was from 1995 to ator’s 15 minutes have expired. dous pressure to reduce the expendi- the year 2000. Mr. DOMENICI. I ask unanimous tures of Government and thus create a If today I sound as if I am trying to consent for an additional 5 minutes. surplus. convince somebody of something, I ad- The PRESIDING OFFICER. Without If the surplus is good—and, frankly, dress this to a number of Senators be- objection, it is so ordered. it looks as if the American people have cause there are some who say we are Mr. DOMENICI. This chart shows the understood loud and clear that the debt overspending everywhere and some who various entitlement spendings. It is is not good. I would assume if the debt say the appropriated accounts are out over 55 percent of all Federal spending is not good, they must think surpluses of control. My friend, if they are out of today. Three-quarters of it is just three are good. Indeed, we do. Much of the control when they are part of a Gov- programs: Social Security, Medicare, surplus is going to that accumulated ernment growth that is 1.3 percent in and Medicaid. debt. As a matter of fact, I close by real growth, what were they when it Let’s move on to the Growth in Enti- saying, while the two parties and the was 5.8 percent? It was unexplainable. tlements and Mandatories. Many of us President disagree on many things, it There is no word for it. are of the impression that it is the en- is good for America that we have If we are out of control now—and for titlement programs that are out of agreed on one thing; that is, the Social those who are interested, the years 1990 control. I admit, looking at this chart, Security surplus is going to the Social to 1995 were not too shabby either. In one would see where it wasn’t too long Security trust fund, not into the gen- fact, from 1990 to 1995, it was 1 percent ago when they were out of control. eral coffers of Government to be spent. real growth and 3.9 percent for a com- Let’s take 1970–75. The growth was 18.5 That alone will dramatically reduce bination of real growth and inflation. percent nominal growth. In 1980–85, it the debt we owe to the public. That is just slightly higher in its total- was 9, and in 1985–90, it was 6.9. In 1990– As a matter of fact, if we continue ity than the period from 1995 to 2000. 95, it was 5.5. Here we are in 1995–2000, for the next decade to apply the Social I remind Senators that for the period in entitlement programs, 4.5 percent Security surpluses, which I am rather 1995 to 2000—the occupant of the Chair nominal and, without inflation, the confident will continue to occur, then

VerDate Mar 15 2010 23:31 Dec 04, 2013 Jkt 081600 PO 00000 Frm 00029 Fmt 4637 Sfmt 0634 E:\2000SENATE\S24FE0.REC S24FE0 mmaher on DSKCGSP4G1 with SOCIALSECURITY S784 CONGRESSIONAL RECORD — SENATE February 24, 2000 we will have in a decade reduced the Treasury lists to the penny and by the THE PUBLIC DEBT TO THE PENNY—Continued debt of the American people by some- minute the exact amount of the public where around 70 percent, which is not debt. It isn’t what the Senator from Amount very shabby, if you talk about one dec- New Mexico calls a debt or surplus. It 09/30/1991 ...... 3,665,303,351,697.03 ade, one group of people reducing the 09/28/1990 ...... 3,233,313,451,777.25 isn’t what the Senator from South 09/29/1989 ...... 2,857,430,960,187.32 debt that much. Carolina calls a debt or surplus. It is 09/30/1988 ...... 2,602,337,712,041.16 I thank the Senate for permitting me what we call a debt under the Public 09/30/1987 ...... 2,350,276,890,953.00 to speak. I will come to the floor at a Law. The public debt to the minute Source: Bureau of the Public Debt. later time and express why I am con- right now—I just took it off the Inter- vinced the surpluses are for real and net two minutes ago—is Mr. President, The Department of that, as a matter of fact, they are apt $5,744,135,736,409.24 Treasury said we began the 1999 fiscal to be more rather than less over the I ask unanimous consent to print year with a debt of $5,478,704,000,000, and we ended it, not with a surplus, but next decade because of what is hap- this in the RECORD at this point. pening in the American economy. There being no objection, the mate- with a deficit of $5,606,486,000,000. I yield the floor. rial was ordered to be printed in the Now, it is not any monkeyshine on The PRESIDING OFFICER. The Sen- RECORD, as follows: this Senator’s part. It is the monkey- ator from South Carolina is recognized. shine on the part of the majority of Mr. HOLLINGS. Mr. President, I ask THE PUBLIC DEBT TO THE PENNY this body, all running around calling unanimous consent for an additional 5 surplus, surplus, surplus, when there minutes on my allotted time. Amount The PRESIDING OFFICER. Without isn’t any surplus. Current Month: objection, it is so ordered. 02/23/2000 ...... $5,744,135,736,409.24 Let’s go directly to yesterday’s re- 02/22/2000 ...... 5,742,317,374,668.82 lease by the Department of Treasury. f 02/18/2000 ...... 5,739,814,030,329.64 02/17/2000 ...... 5,708,609,026,361.46 We find, on table 6, page 20 that they PUBLIC DEBT 02/16/2000 ...... 5,704,636,239,474.18 began the year with a debt, as I have 02/15/2000 ...... 5,705,355,135,074.08 Mr. HOLLINGS. Mr. President, the 02/14/2000 ...... 5,693,874,593,019.53 just reported, of $5,606,486,000,000. Now, reason I asked for the extra time is, in 02/11/2000 ...... 5,692,488,848,706.09 at the close of the month, as of Janu- addressing the Senate with respect to 02/10/2000 ...... 5,692,476,887,663.77 02/09/2000 ...... 5,690,617,208,881.34 ary, it was $5,660,780,000,000. The Treas- the Education Savings Act, I was going 02/08/2000 ...... 5,694,611,209,189.87 ury Department, beginning October 1 to make the point that we weren’t sav- 02/07/2000 ...... 5,693,618,340,748.18 02/04/2000 ...... 5,691,096,297,325.05 of last year, fiscal year 2000, has al- ing and we had no money for this par- 02/03/2000 ...... 5,690,372,687,653.89 ready borrowed $54 billion. Please, let’s ticular act. The act will cost the gov- 02/02/2000 ...... 5,702,134,559,981.88 02/01/2000 ...... 5,702,651,446,667.03 tell the Secretary of the Treasury that ernment $2 billion. But the distin- Prior Months: if we have surpluses, quit borrowing guished Senator from New Mexico, the 01/31/2000 ...... 5,711,285,168,951.46 12/31/1999 ...... 5,776,091,314,225.33 money. What is he borrowing money chairman of our Budget Committee, 11/30/1999 ...... 5,693,600,157,029.08 for? It is time this charade stops. says the Senator from South Carolina 10/29/1999 ...... 5,679,726,662,904.06 Prior Fiscal Years: I will ask unanimous consent to print sees the surplus differently than he 09/30/1999 ...... 5,656,270,901,615.43 in the RECORD HOLLINGS’ budget reali- sees a surplus. Let me go right to the 09/30/1998 ...... 5,526,193,008,897.62 09/30/1997 ...... 5,413,146,011,397.34 ties. minute here on 2/23, the public debt to 09/30/1996 ...... 5,224,810,939,135.73 the penny. 09/29/1995 ...... 4,973,982,900,709.39 There being no objection, the mate- 09/30/1994 ...... 4,692,749,910,013.32 You can go to the Internet and, under 09/30/1993 ...... 4,411,488,883,139.38 rial was ordered to be printed in the the law, find that the Department of 09/30/1992 ...... 4,064,620,655,521.66 Record, as follows: HOLLINGS’ BUDGET REALITIES [In billions]

Annual in- U.S. budget Borrowed trust Unified deficit Actual deficit creases in President and years (outlays) funds with trust without trust National debt spending for funds funds interest

Truman: 1946 ...... 55.2 ¥5.0 ¥15.9 ¥10.9 271.0 ...... 1947 ...... 34.5 ¥9.9 4.0 +13.9 257.1 ...... 1948 ...... 29.8 6.7 11.8 +5.1 252.0 ...... 1949 ...... 38.8 1.2 0.6 ¥0.6 252.6 ...... 1950 ...... 42.6 1.2 ¥3.1 ¥4.3 256.9 ...... 1951 ...... 45.5 4.5 6.1 +1.6 255.3 ...... 1952 ...... 67.7 2.3 ¥1.5 ¥3.8 259.1 ...... 1953 ...... 76.1 0.4 ¥6.5 ¥6.9 266.0 ...... 1954 ...... 70.9 3.6 ¥1.2 ¥4.8 270.8 ...... Eisenhower: 1955 ...... 68.4 0.6 ¥3.0 ¥3.6 274.4 ...... 1956 ...... 70.6 2.2 3.9 +1.7 272.7 ...... 1957 ...... 76.6 3.0 3.4 +0.4 272.3 ...... 1958 ...... 82.4 4.6 ¥2.8 ¥7.4 279.7 ...... 1959 ...... 92.1 ¥5.0 ¥12.8 ¥7.8 287.5 ...... 1960 ...... 92.2 3.3 0.3 ¥3.0 290.5 ...... 1961 ...... 97.7 ¥1.2 ¥3.3 ¥2.1 292.6 ...... 1962 ...... 106.8 3.2 ¥7.1 ¥10.3 302.9 9.1 Kennedy: 1963 ...... 111.3 2.6 ¥4.8 ¥7.4 310.3 9.9 1964 ...... 118.5 ¥0.1 ¥5.9 ¥5.8 316.1 10.7 Johnson: 1965 ...... 118.2 4.8 ¥1.4 ¥6.2 322.3 11.3 1966 ...... 134.5 2.5 ¥3.7 ¥6.2 328.5 12.0 1967 ...... 157.5 3.3 ¥8.6 ¥11.9 340.4 13.4 1968 ...... 178.1 3.1 ¥25.2 ¥28.3 368.7 14.6 1969 ...... 183.6 0.3 3.2 +2.9 365.8 16.6 1970 ...... 195.6 12.3 ¥2.8 ¥15.1 380.9 19.3 Nixon: 1971 ...... 210.2 4.3 ¥23.0 ¥27.3 408.2 21.0 1972 ...... 230.7 4.3 ¥23.4 ¥27.7 435.9 21.8 1973 ...... 245.7 15.5 ¥14.9 ¥30.4 466.3 24.2 1974 ...... 269.4 11.5 ¥6.1 ¥17.6 483.9 29.3 1975 ...... 332.3 4.8 ¥53.2 ¥58.0 541.9 32.7 Ford: 1976 ...... 371.8 13.4 ¥73.7 ¥87.1 629.0 37.1 1977 ...... 409.2 23.7 ¥53.7 ¥77.4 706.4 41.9 Carter: 1978 ...... 458.7 11.0 ¥59.2 ¥70.2 776.6 48.7 1979 ...... 504.0 12.2 ¥40.7 ¥52.9 829.5 59.9 1980 ...... 590.9 5.8 ¥73.8 ¥79.6 909.1 74.8 1981 ...... 678.2 6.7 ¥79.0 ¥85.7 994.8 95.5 Reagan: 1982 ...... 745.8 14.5 ¥128.0 ¥142.5 1,137.3 117.2

VerDate Mar 15 2010 23:31 Dec 04, 2013 Jkt 081600 PO 00000 Frm 00030 Fmt 4637 Sfmt 0634 E:\2000SENATE\S24FE0.REC S24FE0 mmaher on DSKCGSP4G1 with SOCIALSECURITY February 24, 2000 CONGRESSIONAL RECORD — SENATE S785 HOLLINGS’ BUDGET REALITIES—Continued [In billions]

Annual in- U.S. budget Borrowed trust Unified deficit Actual deficit creases in President and years (outlays) funds with trust without trust National debt spending for funds funds interest

1983 ...... 808.4 26.6 ¥207.8 ¥234.4 1,371.7 128.7 1984 ...... 851.9 7.6 ¥185.4 ¥193.0 1,564.7 153.9 1985 ...... 946.4 40.5 ¥212.3 ¥252.8 1,817.5 178.9 1986 ...... 990.5 81.9 ¥221.2 ¥303.1 2,120.6 190.3 1987 ...... 1,004.1 75.7 ¥149.8 ¥225.5 2,346.1 195.3 1988 ...... 1,064.5 100.0 ¥155.2 ¥255.2 2,601.3 214.1 1989 ...... 1,143.7 114.2 ¥152.5 ¥266.7 2,868.3 240.9 Bush: 1990 ...... 1,253.2 117.4 ¥221.2 ¥338.6 3,206.6 264.7 1991 ...... 1,324.4 122.5 ¥269.4 ¥391.9 3,598.5 285.5 1992 ...... 1,381.7 113.2 ¥290.4 ¥403.6 4,002.1 292.3 1993 ...... 1,409.5 94.2 ¥255.1 ¥349.3 4,351.4 292.5 Clinton: 1994 ...... 1,461.9 89.0 ¥203.3 ¥292.3 4,643.7 296.3 1995 ...... 1,515.8 113.3 ¥164.0 ¥277.3 4,921.0 332.4 1996 ...... 1,560.6 153.4 ¥107.5 ¥260.9 5,181.9 344.0 1997 ...... 1,601.3 165.8 ¥22.0 ¥187.8 5,369.7 355.8 1998 ...... 1,652.6 178.2 69.2 ¥109.0 5,478.7 363.8 1999 ...... 1,703.0 251.8 124.4 ¥127.4 5,606.1 353.5 2000 ...... 1,769.0 234.9 176.0 ¥58.9 5,665.0 362.0 2001 ...... 1,839.0 262.0 177.0 ¥85.0 5,750.0 371.0 * Historical Tables, Budget of the US Government FY 1998; Beginning in 1962 CBO’s 2001 Economic and Budget Outlook.

Mr. President, the distinguished Sen- Now, what I have done is I have gone provision of law, the receipts and disburse- ator, chairman of the Budget Com- to each one of the trust funds. I won’t ments of the Federal Old-Age and Survivors mittee, says we ended 1998 with a sur- take the time to go through all of Insurance Trust Fund and the Federal Dis- plus of almost $70 billion (it was $69.2). them. ‘‘But there is hereby created on ability Insurance Trust Fund shall not be counted as new budget authority, outlays, But in order to state that figure, he the books of the Treasury of the United receipts, or deficit or surplus for purposes had to borrow $178.2 billion from the States a trust fund to be known as the of— trust funds: Social Security, highway, Federal Old-Age and Survivors . . .’’— (1) the budget of the United States Govern- airport, military retirees, civil service and so forth and so on. Mr. President, ment as submitted by the President, retirees, etc.—even Medicare. And then on page 2 of the act, section (b), ‘‘there (2) the congressional budget, or he says that we ended last year with a is hereby created on the books of the (3) the Balanced Budget and Emergency surplus of $124.4 billion, but he had to Treasury of the United States a trust Deficit Control Act of 1985. borrow $251.8 billion from the trust fund to be known as the Federal Dis- (b) EXCLUSION OF SOCIAL SECURITY FROM funds. So the actual deficit for the fis- ability Insurance Trust Fund.’’ CONGRESSIONAL BUDGET.—Section 301(a) of cal year 1998 was $109 billion, and 127.4 Mr. President, what we did in 1983 the Congressional Budget Act of 1974 is billion for 1999. Here are the numbers was gradually raise the Social Security amended by adding at the end the following: so everyone can see. Yes, we reduced payroll tax to 6.25 for employees and ‘‘The concurrent resolution shall not include the deficit each year in that 4- to 5- 6.25 for employers, for 121⁄2 percent. In the outlays and revenue totals of the old age, 1983, if you had said we are going to survivors, and disability insurance program year period—until last year. The debt established under title II of the Social Secu- went from $109 billion to $127.4 billion. vote for increased taxes for food stamps or for Kosovo or for court- rity Act or the related provisions of the In- So that was an increase. ternal Revenue Code of 1986 in the surplus or Mr. President, let me state very houses or for dredging or for ships that deficit totals required by this subsection or clearly what has been going on. They the Department of Defense said they in any . . . don’t need, and those kinds of things, used to talk of a unified budget and a So it is against the real trust and unified deficit. Now, they talk about you could not have gotten a vote on the floor of the Senate. We passed the against the law itself. But we continue off-budget and on-budget, and public to violate that law. Everybody knows debt. This misleads the public because increase assuming the money would be put in trust. But they have been spend- the practice in the Government under it is the U.S. Department of Treasury— the 1994 Pension Reform Act is that not the CBO, Senator HOLLINGS or Sen- ing it. We have a way so they won’t spend you can’t use pension money to pay off ator DOMENICI—that keeps the official the company debt. We all know Denny records. They have actual accountants. it—what we call the lockbox—and they won’t let us vote on it. Anytime, any- McLain, the famous pitcher formerly You know, economists can lie, but ac- with the Detroit Tigers. He did that countants can’t. They have to keep the where they want to vote on a real lockbox, call this Senator up. I have and was charged with a felony. If you actual record and give you the truth. can find him, tell him to, instead of Let me get the borrowed trust funds had it drawn up by the Administrator paying off the company debt, run for chart and show you exactly what is of Social Security, Ken Apfel. I worked the Senate. Instead of a jail term, you going on. They thought they could bor- with him when he was on the Budget will get the good government award. row enough from the other trust funds Committee, together with the Senator to say they are not going into Social from New Mexico, the present chair- You can say the public debt is down, Security but, of course, they are. At man of the Budget Committee. but it is like paying off the MasterCard I tried for some time to take Social the end of the fiscal year, we already with the Visa card. You still owe the Security off budget and it was blocked owe $855 billion to Social Security, $181 same amount of money. That is what in the Budget Committee. But I finally to Medicare, $141 to military retirees, we have been doing. We play a shabby got it passed, with one dissenting vote and $492 billion to civilian retirement. game up here talking about surpluses. from the Senator from Texas. That is You can go right on down. We owe Yesterday, the Secretary of Commerce the best way I could do it. came to my office wanting to talk $1.869 trillion to the trust funds. Section 13301. I ask unanimous con- Now, you can talk about the wonder- about surplus. I said: Mr. Secretary, we sent to have this one-page summary ful record, but this is what the Senator don’t have any surplus. I said: Look at printed in the RECORD. the President’s budget itself. from South Carolina is looking at be- There being no objection, the mate- Here it is right here on page 420. You cause that is the actual debt. Just in rial was ordered to be printed in the 2000, we will owe $1 trillion to Social can see it. I ask unanimous consent RECORD, as follows: Security, but by 2013, that figure jumps that this one page be printed in the Subtitle C—Social Security to nearly $4 trillion. Think of the infla- RECORD. SEC. 13301. OFF-BUDGET STATUS OF OASDI tionary pressure when the Baby TRUST FUNDS. There being no objection, the mate- Boomers start to retire and we have to (a) EXCLUSION OF SOCIAL SECURITY FROM rial was ordered to be printed in the redeem these bonds. ALL BUDGETS.—Notwithstanding any other RECORD, as follows:

VerDate Mar 15 2010 23:31 Dec 04, 2013 Jkt 081600 PO 00000 Frm 00031 Fmt 4637 Sfmt 0634 E:\2000SENATE\S24FE0.REC S24FE0 mmaher on DSKCGSP4G1 with SOCIALSECURITY S786 CONGRESSIONAL RECORD — SENATE February 24, 2000 TABLE S–14.—FEDERAL GOVERNMENT FINANCING AND DEBT [In billions of dollars]

1999 Estimate actual 2000 2001 2002 2003 2004 2005 2006 2007 2008 2009 2010 2011 2012 2013

Financing: Surplus or deficit (¥) ...... 124 167 184 186 185 195 215 256 292 314 329 363 403 443 479 (Social Security solvency lock-box: Off-budget) ...... 124 148 160 172 184 195 214 224 239 250 260 272 280 295 309 (Social Security interest savings transfer) ...... 100 118 138 (Medicare solvency debt reduction reserve) ...... 15 13 ...... 30 52 64 69 91 22 30 32 (On-budget) ...... 1 19 9 1 * * 2 1 1 * * * * * * Means of financing other than borrowing from the public: Changes in: Treasury operating cash balance ...... ¥18 16 ...... Checks outstanding, deposit funds, etc...... ¥6 1 2 ...... Seigniorage on coins...... 1 1 2 2 2 2 2 2 2 2 2 2 2 2 2 Less Social Security equity purchases ...... ¥52 ¥66 ¥83 Less: Net financing disbursements: Direct loan financing accounts ...... ¥19 ¥29 ¥18 ¥18 ¥17 ¥16 ¥16 ¥16 ¥16 ¥15 ¥15 ¥15 ¥16 ¥16 ¥16 Guranteed loan financing accounts...... 5 * 1 1 1 2 2 2 2 2 2 2 3 3 3 Total, means of financing other than borrowing from the public ...... ¥36 ¥9 ¥13 ¥15 ¥14 ¥12 ¥12 ¥12 ¥12 ¥12 ¥11 ¥11 ¥63 ¥78 ¥95 Total, repayment of publicly held debt ...... 89 157 171 171 170 183 203 243 280 302 318 352 340 365 384 Change in debt held by the public ...... ¥89 ¥157 ¥171 ¥171 ¥170 ¥183 ¥203 ¥243 ¥280 ¥302 ¥318 ¥352 ¥340 ¥365 ¥384

Debt Subject to Statutory Limitation, End of Year: Debt issued by Treasury ...... 5,578 5,658 5,742 5,828 5,921 6,009 6,096 6,185 6,268 6,347 6,424 6,502 6,595 6,693 6,794 Adjustment for Treasury debt not subject to limitation and agency debt subject to limitation ...... ¥15 ¥15 ¥15 ¥15 ¥15 ¥15 ¥15 ¥15 ¥15 ¥15 ¥15 ¥15 ¥15 ¥15 ¥15 Adjustment for discount and premium...... 6 6 6 6 6 6 6 6 6 6 6 6 6 6 6 Total, debt subject to statutory limitation ...... 5,568 5,648 5,732 5,819 5,912 5,999 6,086 6,175 6,258 6,337 6,414 6,492 6,585 6,683 6,785

Debt Outstanding, End of Year: Gross Federal debt: Debt issued by Treasury ...... 5,578 5,658 5,742 5,828 5,921 6,009 6,096 6,185 6,268 6,347 6,424 6,502 6,595 6,693 6,794 Debt issued by other agencies ...... 29 28 27 27 25 24 23 22 20 20 20 20 20 20 20 Total, gross Federal debt ...... 5,606 5,686 5,769 5,855 5,974 6,034 6,118 6,206 6,288 6,367 6,444 6,522 6,615 6,713 6,815

Held by: Debt securities held as assets by Government accounts ...... 1,973 2,210 2,464 2,721 2,984 3,253 3,541 3,872 4,234 4,615 5,010 5,440 5,873 6,335 6,821 Social Security ...... 855 1,004 1,164 1,338 1,522 1,717 1,930 2,154 2,392 2,641 2,899 3,170 3,498 3,843 4,206 Federal employee retirement ...... 643 681 717 754 789 824 858 891 922 952 980 1,006 1,034 1,063 1,093 Other ...... 475 525 582 630 672 712 752 828 920 1,023 1,131 1,263 1,341 1,429 1,523 Debt securities held as assets by the public ...... 3,633 3,476 3,305 3,134 2,963 2,781 2,578 2,334 2,054 1,752 1,434 1,082 742 377 * $500 million or less

Mr. President, there are not any sur- Monday, but the first thing at 8 o’clock continuing appropriations for a specific pur- pluses as far as the eye can see, as the tomorrow morning, the Treasurer is pose and the Federal Government does not chairman of the Budget Committee going to borrow a billion dollars and obtain title to the money by depositing it in trust for the State Unemployment Reserve just said, but deficits as far as the eye add it to the debt—on Sunday, Christ- Commission which is bound to administer can see. The total gross Federal debt mas Day, each day of the year of 2000. the money in accordance . . . with the law. starts off in the year 2000 at $5.606 tril- The actual fact is there is no surplus. That is exactly the way the Treas- lion. The next year, it goes to $5.686 It is time that the media and we in urer of the United States is bound to trillion, so it goes up $80 billion. It the Congress and Government tell the adhere. But that isn’t what we do. We ends up at $6.815 trillion. So it goes up American people the truth. There is no keep talking about a surplus and the $1.2 trillion over this period until 2013— surplus. I wish there were some. public debt, which I put in the RECORD as far as the eye can see. The debt is Now you have this particular bill as reported by the minute. up, up, up, and away. There is no, no, coming along. I have each one of these It goes up. It is an astounding fig- no surplus. particular trust funds. I could go down ure—$894,000 every minute. That is how Every year since President Clinton the entire list of them—not only the much the debt, that is how much the has been in office, we have spent more Social Security, but I could go down deficit goes up every minute, not a sur- in Congress than the President’s budg- the Medicare. The Medicare trust fund plus—$894,000. et, which I have in my hand. Both sides is hereby created. Again, the Federal That is the tragedy of this particular are now calling for a tax cut. The supplementary medical insurance trust charade that goes on. We brought up a Democratic side is talking about $350 fund—report immediately to Congress tax bill in the Senate, and everybody billion; the Republican side is talking whenever the board is of the opinion knows under the Constitution that it about $750 billion. I will never forget that the amount of the trust fund is has to resonate in the House. So it is when the President was going to give unduly small. not going anywhere. We put that up to his State of the Union Address, and the We were very careful in the legisla- debate it. We don’t fund it. Then we distinguished majority leader, the Sen- tion, but not in the actual fact and the put cloture on as if we are delaying ator from Mississippi, said: Good gosh, actual treatment. something. We are delaying the non- that is going to cost us a billion dollars We have each one of these trust sense. We ought to pull the bill down. a minute. funds—the particular language on mili- The bill is nothing. It is not going any- Well, the distinguished President tary retirement, civil service retire- where, and everybody knows that. But talked for an hour and a half, so that is ment, and unemployment compensa- we are supposed to fool the press up- $90 billion. George W. Bush has a $90 tion. The employers of America are stairs. They report that we are going to billion a year tax cut, which is $900 bil- paying in their particular amounts to have a cloture vote, and we are work- lion over the next 10 years. the trust fund—and the employees for ing, and everything else like that. The We are spending that kind of money unemployment compensation. game plan here is the Presidential right now; 90 and 90—that is $180 bil- There isn’t any question. I can show race. Don’t do anything to upset the lion-plus. If we weren’t paying $365 bil- you exactly the language of the court applecart. We have our candidate. We lion in interest costs on the national and how they treat these trust funds have given him the $70 million. We debt, I could give you the Republican when they get involved—not in a polit- have another $70 million, and we are program and the Democratic program ical discussion but in the legality of it. headed for the brass ring, and just do and have $185 billion to pay down the I quote from the court: not have anything happen in Wash- debt. We may not have a Senate ses- State unemployment funds deposited in ington in the Congress to upset our sion tomorrow, Saturday, Sunday, or the Federal unemployment trust fund are a pell-mell for the White House.

VerDate Mar 15 2010 23:31 Dec 04, 2013 Jkt 081600 PO 00000 Frm 00032 Fmt 4637 Sfmt 0634 E:\2000SENATE\S24FE0.REC S24FE0 mmaher on DSKCGSP4G1 with SOCIALSECURITY February 24, 2000 CONGRESSIONAL RECORD — SENATE S787 It is a tragic thing. We have these PRESCRIPTION DRUGS miles to a pharmacy. They don’t have trust funds. They talk about Social Se- AFFORDABILITY big health plans that negotiate dis- curity. These are just in trust for So- Mr. WYDEN. Mr. President, for many counts for them. cial Security. months now, I and other Members of In Baker City, OR, I have been told In fact, the ‘‘other’’ is on here. The this body have been coming to the floor by an older couple they are getting by Senator from Alaska is here. He knows to talk about the need for prescription on $200, the two of them, for their en- good and well that we pay in there drug coverage for our older people tire month after they are done paying under ‘‘other’’ for nuclear storage and under Medicare. I have brought to the their prescription drug bills. There is the waste storage fund. The private floor on more than 20 occasions specific not a one of us in the Senate who could power companies have been paying into cases of older people who, in so many live in that kind of arrangement where that over the years. We have $19 billion instances, are walking an economic they essentially had only a couple of in there. But we can’t spend it. We are tightrope, trying to balance their food hundred dollars a month to pay for supposed to spend it in trust only for costs against their prescription drug their food and shelter and other essen- that. We haven’t put it at Yucca Moun- bill, their prescription drug bill against tials. A country as good and rich and tain. So we have to hold up. That is some other necessity. More and more strong as ours is capable of addressing part of this $59 billion ‘‘other.’’ We of these older people and their families this need. I think it can be done using have the Federal Financing Bank held simply cannot make ends meet. an approach that relies on marketplace in trust. I wish to address the question of forces. When the day of reckoning comes whether this country can afford to I particularly wish to praise my col- when we can stop increasing the debt— cover prescription drugs for older peo- league from Maine, Senator SNOWE. I everybody is talking about paying ple under Medicare. I submit this Na- have been able to team up with her on down the debt—if we can just stop in- tion cannot afford not to cover these this prescription drug issue for 14 creasing it, oh, boy, then we would essential health care services. months. When we started in the Budget have set a record in this particular We talked on the floor about the im- Committee, I think a lot of folks Congress because the debt has been portant drugs such as Lipitor, a choles- looked at us and said, Senator SNOWE, going up, up, and away with the con- terol-lowering drug used by many older Senator WYDEN, they are well meaning sequent interest costs, which is like people. These drugs are absolutely key but there is no chance this prescription taxes. When I pay gasoline taxes, I get to keeping older people well. There is drug issue is going to be addressed. a highway. I pay a sales tax, and I can no question that right now if the Gov- We have seen over the last few go ahead and get a school, or whatever ernment were to pick up the costs of months tremendous progress. There is it is. When I pay interest costs, or in- these medicines there would be addi- not a Member of Congress, Democrat or terest taxes, I get absolutely nothing. tional costs, but the savings generated Republican, who goes home and doesn’t The Government and the economy as a result of extending prescription get asked about this issue. We have a thereby is in real trouble. drug coverage to older people, in my chance to bring the various bills to- That is the state of the Union. view, would be staggering. gether. Senator DASCHLE wishes to do I thank the distinguished Chair for I continually cite the exciting con- so, and I know a number of Repub- his indulgence. tributions made by these new medi- licans want to do so as well. Our colleagues in the Senate recognize this The PRESIDING OFFICER (Mr. ROB- cines that prevent strokes. They are ought to be a voluntary program. A lot ERTS). The time of the distinguished known as anticoagulant drugs. For an of lessons have been learned since the Senator has expired. older person, it might cost perhaps catastrophic care issue came before the The distinguished Senator from Alas- $1,000 a year to pay for the drugs, anti- Congress. This is not going to be a ka is recognized. coagulant drugs that prevent these strokes, but if you prevent a stroke mandatory program. This is not going Mr. MURKOWSKI. Mr. President, I to be a one-size-fits-all program from listened to my colleague from South you could save upwards of $100,000 through an investment that is just a Washington. This is going to be based Carolina outline the state of the budg- on voluntary choice. We are going to et. I concur with his pointed criticism small fraction of those costs. I am very hopeful it will now be pos- use the dollars that are raised for this of whether or not we have a sound sur- sible to reconcile the various bills that program to pick up the prescription plus, or whether it is somewhat real- cover prescription drugs for older peo- drug portion of a senior citizen’s pri- istic. ple. Senator DASCHLE has talked to me vate health insurance. He points out the $19 billion that has on a number of occasions, even a few I am not talking about a federalized been paid by the ratepayers into the hours ago, indicating he is very inter- health care system. We are talking nuclear waste fund, as an example. He ested in seeing the Congress come to- about using private health insurance, and I both know that money has gone gether on a bipartisan basis and enact making sure older people have a vari- into the general fund. It is basically this legislation to meet the needs of ety of choices and offerings. As a result not in escrow. It is not in a reserve ac- older people and better utilize the dol- of those choices and offerings, they can count. lars that are available for health care have some big bargaining power. When the administration or the Gov- in this country. What happens right now is the health ernment ever addresses that responsi- The stories we have accumulated plans, the HMOs, big buyers, go out and bility, we will have to appropriate that from home are tragic. I heard yester- negotiate a discount. If you are an money someplace because it has been day from an older woman in older person in rural Nebraska or rural spent. As an old banker, I can tell you Tillamook, OR. She recently took an- Oregon and you don’t have prescription that interest is like a horse that eats other senior, an 80-year-old woman, to drug coverage, you walk into the Rite while you sleep. It goes on Saturday the emergency room. This 80-year-old Aid or a Fred Meyer or one of your night, Sunday morning, and Sunday woman said she could not afford the drugstores and you, in effect, have to night. As a consequence, we often find one medication she needed to control subsidize the big buyers who are in a ourselves in the position where the in- her high blood pressure. As a result, position to negotiate discounts. We can terest exceeds the principal. When that she almost died. use private marketplace forces, the happens, you are broke. From what we are seeing across this way the Snowe-Wyden legislation does, I am certainly sympathetic to the country, we either now go forward and and the way several of the other bills points raised by my colleague. make a well-targeted investment to do, to make sure older people have the (The remarks of Mr. MURKOWSKI per- make sure vulnerable seniors get help kind of bargaining power that makes taining to the introduction of S. 2098 with prescription drugs or we end up these prescription drugs more afford- are located in today’s RECORD under with vastly more people suffering and able. ‘‘Statements on Introduced Bills and much increased costs. I am very pleased that this issue has Joint Resolutions.’’) I have received scores of letters from become a bigger priority in the Con- The PRESIDING OFFICER. The dis- across rural Oregon. These are from gress in the last few weeks. I think now tinguished Senator from Oregon. people who have to drive 40 miles, 50 is going to be a test of whether we can,

VerDate Mar 15 2010 23:31 Dec 04, 2013 Jkt 081600 PO 00000 Frm 00033 Fmt 4637 Sfmt 0634 E:\2000SENATE\S24FE0.REC S24FE0 mmaher on DSKCGSP4G1 with SOCIALSECURITY S788 CONGRESSIONAL RECORD — SENATE February 24, 2000 as Senator DASCHLE and others have Not only do I believe this to be a Given the risk/reward ratio of defend- suggested, reconcile the various bills precedent which would hamper future ing against nuclear weapons, the cur- that have been introduced on this Presidential decisionmaking, but it rent cost estimates over 10 years of an issue. I do not expect to have the last also ignores the fact that this is a amount that is less than 1 percent of word on this matter. tough decision for any President to our national defense budget and the Senator SNOWE and I are very proud make anytime, regardless of the cir- unlikely reassessment of this threat, the financing of our legislation re- cumstances. It also ignores that it all that would stand in the way of a ceived 54 votes in the Senate when it takes time for a new Commander in Presidential decision to deploy would came up last year. On the Snowe- Chief at the helm of the ship to get his be the potential adverse impact on Wyden amendment, we saw Senator or her foreign policy sea legs. Such a other agreements. WELLSTONE vote for it, Senator delay could jeopardize our capacity to The President will face this question: SANTORUM vote for it, Senator KEN- deploy NMD in a timely fashion. Will a decision to deploy NMD result in NEDY vote for it, and Senator ABRAHAM In his argument, Secretary Kissinger other nations, especially Russia, react- vote for it. That is a pretty good coali- referred to ‘‘congressionally imposed ing in a manner that would produce a tion. That is the kind of coalition we deadline.’’ This is a commonly made net increase in proliferation activity can build if we pick up on the counsel mistake about what Congress did last and thus increase the potential for of Senator DASCHLE, and I know a num- year. All we called for was deployment rogue or unauthorized launch of nu- ber of Republican leaders, to come to- of national missile defense ‘‘as soon as clear, chemical, or biological weapons? gether and reconcile these various it is technologically possible.’’ The ad- We are more likely to resolve this po- bills. ministration has said this decision tential conflict in a way that increases I intend to keep coming to the floor could be made as early as June and has the safety and security of Americans if and reading these cases. Our friend, recently indicated this could slip to President Clinton does not delay the Senator KERREY, is here. I know he is late summer. decision until after the November 7 going to be speaking on an important Of the four criteria that will be used election. This is a decision that should issue, and I do not want to detain him. by President Clinton to make his deci- be made on the basis of the current I think in this country we are now see- sion, the most difficult to quantify is facts and the four criteria for deployment previously outlined by the ad- ing older people break their pills in the impact on other arms control agreements. Specifically, the impact ministration. half because they cannot afford to pick To be successful, we should also con- most feared is that deployment of this up the cost of medicine when we have, sider an alternative negotiating strat- missile defense system would be re- as we saw in Tillamook, OR, 80-year- egy that would pose a win-win for both garded by the Russians as a violation old women being taken to emergency the United States and Russia. It would of the 1972 Anti-Ballistic Missile Trea- rooms and not able to afford their med- reduce the threat of weapons of mass icine. It is wrong. It is just wrong for ty. destruction. It would improve the rela- While I can make a very strong argu- this Congress to not address this issue tions between the United States and ment that deployment of NMD is per- in a bipartisan way this year. Russia. And it would enable the United mitted under the terms of this treaty, This is not one we ought to put off States to redirect money from main- until after the election and see it used this argument will diminish in impor- taining our current nuclear weapons as a political football. It should not be tance if the Russian Government abro- stockpile to our conventional forces, used as fodder for the campaign trail gates other treaties by modifying their where a real strain can be seen in re- because if it is, too many older people strategic nuclear weapons. This in- cruitment, readiness, and capability. who cannot afford their medicine are cludes the very real and destabilizing To spur constructive action, we must going to suffer. prospect of re-MIRVing their missiles force ourselves to remember this grim We have a chance to move on a bipar- or converting single-warhead missiles truth: The only thing capable of killing tisan basis to reconcile these various to multiwarhead missiles. This is why every man, woman, and child in the bills. I intend to keep coming to the the United States is attempting, and United States of America is the Rus- floor of this body again and again to thus far without success, to persuade sian nuclear stockpile. We must re- describe these cases, to show how ur- Russia to allow a modification of the member the threat no longer comes gent the need is. The President at the 1972 Anti-Ballistic Missile Treaty in from a deliberate attack. Instead, these State of the Union Address made it order to build NMD and avoid poten- weapons now present two new and very clear he was extending the olive branch tially serious conflict between the dangerous threats. to both political parties to work with United States and the Russian Govern- The first is the possibility of an acci- him on this issue. We ought to seize, on ment. We have met considerable resist- dental or unauthorized launch of a a bipartisan basis, the opportunity to ance, not only from the Russians but Russian nuclear weapon. During the use private health insurance, not some also from allies who regard our anal- cold war, we worried about the mili- federalized Government program, to ysis of the ballistic missile threat to be tary might of the Soviet Union, but make sure we meet the needs of older flawed. today we worry about the military people for prescription medicine. To be clear, the new threat is real. weakness of Russia and her ever-de- Mr. President, I yield the floor. We cannot afford to ignore the real creasing ability to control the over The PRESIDING OFFICER. The dis- threat that an accidental or rogue na- 6,000 strategic nuclear warheads in her tinguished Senator from Nebraska is tion launch of ballistic missiles car- arsenal. There are numerous stories recognized. rying nuclear weapons poses to the sur- that have emerged out of Russia over f vival of our Nation. The need to build the past few years highlighting the vul- this defensive system, which is still nerability of these weapons. There are CONFRONTING NUCLEAR THREATS being tested for feasibility and reli- stories of major security breaches at Mr. KERREY. Mr. President, a few ability, derives from the national intel- sensitive nuclear facilities. There are weeks ago, former Secretary of State ligence estimate and an external panel stories of unpaid Russian soldiers at- Henry Kissinger joined what has be- headed by Donald Rumsfeld. Both have tempting to sell nuclear-related mate- come a chorus of distinguished citizens concluded that the threat of rogue na- rial in order to feed their families. And and representatives who are suggesting tion or unauthorized launch of a nu- there are stories of the continuing the decision to deploy the national clear, biological, or chemical weapon decay of the command and control in- missile defense system be postponed at the United States of America is real. frastructure needed to maintain the until after the November 7 Presidential As a consequence, we have begun nuclear arsenal of Russia. Each of election. Although it may be that a testing a system which would protect these demonstrates the vulnerability of delay is necessitated for other reasons, Americans against this threat. A test the Russian arsenal to an accidental I hope we do not allow the approach of schedule for May will be critically im- launch based on a technical error or a Presidential election to prevent us portant to demonstrate feasibility and miscalculation or the unauthorized use from making important foreign policy reliability, one of the four Presidential of a weapon by a rogue group or dis- decisions. conditions needed for deployment. gruntled individual.

VerDate Mar 15 2010 23:31 Dec 04, 2013 Jkt 081600 PO 00000 Frm 00034 Fmt 4637 Sfmt 0634 E:\2000SENATE\S24FE0.REC S24FE0 mmaher on DSKCGSP4G1 with SOCIALSECURITY February 24, 2000 CONGRESSIONAL RECORD — SENATE S789 The second threat posed by the nu- The possibility of a new approach threats of extremism. Their security is clear legacy of the cold war is the dan- where our interests intersect with also endangered by the proliferation of ger of the proliferation of material, those of Russia can be seen in a pro- weapons of mass destruction to terror- technology, or expertise. Consider just posal made by Russia to our arms con- ists and rogue states. This now pre- the case of North Korea. Last summer, trol negotiators in Geneva. The Rus- sents us with an opportunity to begin North Korea held the world’s attention sians offered to reduce the number of to work with Russia diplomatically to as a result of indications that they strategic nuclear warheads to 1,500 on confront this emerging threat from were preparing to test a long-range each side. We rejected the offer based countries like North Korea, Iran, and Taepo Dong ballistic missile. Through on an assessment of minimum deter- Iraq. Former Secretary of Defense Wil- skillful diplomacy, the United States rence levels that are 500 to 1,000 stra- liam Perry’s success in halting North was able to convince the North Kore- tegic warheads higher. But this assess- Korea’s missile testing program high- ans to halt their missile testing pro- ment has been overtaken by events in lights the potential power of diplomacy gram. Russia which now make it likely the to reduce these threats. But by devel- However, the stability of the entire Russians will be unable to safely main- oping a strategic partnership with Rus- east Asian region was in jeopardy as a tain more than a few hundred of their sia, and working cooperatively to bring result of the possibility of such a test. own nuclear weapons. change in North Korea, to end Saddam North Korea is one of the most back- As the Russian capability to main- Hussein’s brutal regime, or to foster ward countries in the world. It is a tain their stockpile dwindles, it is nat- real reform in Iran, we will reduce nu- country where millions of its own citi- ural to assume our threshold for deter- clear dangers and create a safer world. zens have starved to death. Yet this rence will also significantly decrease. So as President Clinton considers his country was able to affect the actions Thus, by keeping more weapons than decision about NMD, I hope he con- of the United States, Japan, and China we need to defend our national inter- siders an alternative strategy that em- as a result of their ability to modify ests, we are encouraging the Russians braces a comprehensive approach to what is, in truth, outdated Soviet mis- to maintain more weapons than they the threats we face in today’s world. sile technology. As has been indicated are able to control. The net effect is to Now is the time to reach out to Russia publicly, the Taepo Dong is little more increase the danger of the proliferation and to create a partnership that will than a longer range version of the 1950s build the basis for securing the post- Soviet Scud missile. One can only or accidental use of these deadly weapons which decreases the effectiveness cold war peace for our children. imagine the consequences to our secu- Mr. President, in the aftermath of rity if North Korea had a nuclear capa- of national missile defense. So, here is the outline of a win-win the administration’s rejection of the bility and the means to deliver it. But proposal to the Russians. We jointly offer to substantially reduce strategic this illustrates the threat posed by pro- agree to make dramatic reductions in weapons, the issue of a previous anal- liferation. Without real management of the U.S. and Russian nuclear arsenal. ysis of the minimum deterrence done these materials and technology—much We jointly agree that national missile by then-Chairman of the Joint Chiefs of it Russian in origin—it will become defense is an essential part of a strat- of Staff, General Shalikashvili, was easier for third and fourth rate powers egy to reduce the threat of nuclear raised. I say to my colleagues, I intend to drastically affect our own security weapons. And, we jointly agree that to read carefully that report and re- decisions. visit the floor with an opportunity to Both of these threats—accidental or parallel reductions in our nuclear forces must include arrangements—and discuss what I believe is a rational unauthorized launch and proliferation minimum deterrence level necessary to of these weapons to rogue nations— a Congressional commitment to provide funding—to secure and manage protect the people of the United States present a new challenge to the United of America. Obviously, that must be a States. It is a challenge very different the resultant nuclear material. We are fortunate that we will not concern of ours as well. from the cold war standoff of two nu- But I believe there is a historic op- begin from scratch on this problem. We clear superpowers. Classic deterrence, portunity. It will be difficult for us to can build upon one of the greatest acts better known as mutual assured de- seize that opportunity if Republicans of post-cold war statesmanship: the struction, was the bedrock of our pol- and Democrats do not agree that still Nunn-Lugar Cooperative Threat Reduc- icy to confront nuclear threats during the most important thing for all of us tion Program. To facilitate these dra- the cold war. Mutual assured destruc- to do is to make certain the safety and matic reductions, we must look for tion was based on the premise that our security of the American people are se- ways to expand upon the success of this enemies would not dare to attack the cured through not only our policies but program, to enlist new international United States as long as they knew our active efforts. that such an attack would be met with partners, and to work with the Rus- Mr. President, I yield the floor. an overwhelming, deadly response by sians to find new solutions to the prob- The PRESIDING OFFICER. The dis- the United States. This theory, how- lems of securing nuclear material. Ad- tinguished Senator from Iowa is recog- ever, provides no safety from an acci- ditionally, we should continue our lab- nized. to-lab efforts that are assisting the dental launch caused by the failure of f outdated technology. It provides no transition of Russian nuclear facilities safety net from the use of these weap- and workers from military to civilian MONITORING DRUG POLICY ons by a terrorist state whose only ob- purposes. These are the practical, on Mr. GRASSLEY. Mr. President, while jective is the death of as many Ameri- the ground programs that will help us we were away for the winter break, the cans as possible. reduce the chance of the proliferation annual high school survey on drug use We need to develop a completely new of nuclear materials and know-how. trends among 8th, 10th, and 12th grad- and comprehensive approach to con- In exchange for deep nuclear reduc- ers came out. This annual Monitoring front these threats. National missile tions and technical assistance, the the Future study, released on Decem- defense will not add to our security if Russians would agree to changes in the ber 17, revealed little change in trends it is built as a stand alone venture. As ABM Treaty. With this alternative, the of illicit drug use among our young part of a comprehensive approach it President would not have to choose be- people. The administration has tried to most assuredly can. To succeed, we tween national missile defense and fu- put a happy face on the results. But should work with Russia to develop a ture cooperation with Russia. Instead, there is little to be happy about. new strategic partnership. We need a by working in cooperation with Russia Although the Monitoring the Future partnership based on cooperation, not on a comprehensive basis, we will be study found that the increase in drug confrontation—a partnership that able to deploy a limited NMD system use among teens has slowed down, what builds on the many areas of mutual designed to protect the United States the data show is that use and experi- concern, not those that divide—a part- from accidental or rogue state ballistic mentation remain at high levels. You nership that recognizes the nuclear leg- missile launches. can see from this chart that we still acy of the cold war threatens all of us, We can reach such an agreement with face the discouraging fact that nearly and that only by working together can Russia because the Russian people now 50 percent of our high school seniors re- we truly reduce this threat. know they are not immune from the ported use of marijuana, not only in

VerDate Mar 15 2010 23:31 Dec 04, 2013 Jkt 081600 PO 00000 Frm 00035 Fmt 4637 Sfmt 0634 E:\2000SENATE\S24FE0.REC S24FE0 mmaher on DSKCGSP4G1 with SOCIALSECURITY S790 CONGRESSIONAL RECORD — SENATE February 24, 2000 1999, but in the 2 previous years as well. of crystal meth from 3 percent in 1998 Most-favored-nation treatment, or In fact, 12th grader use of marijuana is to about 2 percent in 1999. what we now call normal trade rela- at its highest since 1992. In addition, 23 As we begin not only a new year but tions, started with Britain and France percent of the high school seniors ques- a new millennium, we are faced with in the 1860s. These two nations nego- tioned in the past 3 years, reported the difficult challenge of making the tiated free trade agreements based on that they had used marijuana in the 21st century safe for our young people. the most-favored-nation principle of past 30 days. Sadly, the study also Although we have made some progress, nondiscrimination, which later became found that the percentage of 10th grad- these study results leave our young the cornerstone of the GATT, and, in ers who reported use of marijuana in- people facing an uncertain future. We 1993, the WTO. creased from 39.6 percent in 1998 to cannot be satisfied with unchanging The results of these early inter- nearly 41 percent in 1999. Hardly news trends in teenage drug use. We have national trade treaties was spectac- to find comfort in. not seen a significant decline in drug ular. It began a new era of free trade Marijuana remains a gateway drug use among our country’s young people that led to a great increase in wealth for even worse substances and this next since 1992. In fact, what we have seen around the world. Unfortunately, this chart shows overall illicit drug use are dramatic increases. This fact hey-day of free trade didn’t last long. among high school seniors. You can see makes me pause and wonder what we It ended in about 1885, when Europe in this second chart that, in 1999, near- have been doing for the past 8 years. turned inward, and retreated from the ly 55 percent of 12th graders reported Whatever it is, it has failed to make free-trade principle. using an illicit drug in their lifetime. the difference we need to be seeing. We Just 30 years after Europe abandoned What that ‘‘lifetime’’ means is that 55 need to move toward significant de- the nondiscrimination principle in percent of 17-year-olds have at least creases in use. We need coherent, trade, the war ‘‘to end all wars’’ rav- tried marijuana or other dangerous, il- sound, accountable efforts. We must aged most of the continent. Events fol- licit drugs. That’s an appalling figure. not neglect our duties in keeping our lowing the First World War also mas- You can also see that this number is young people drug free. We are not in sively disrupted international trading the highest it’s been since 1992. With any position to let our guard down. We relationships. Many countries pursued the Office of National Drug Control need policies and strategies that make beggar-thy-neighbor trade policies, in- Policy’s recent blitz of ads through the a difference. cluding harsh trade restrictions. When the Great Depression set in, National Youth Anti-Drug Media Cam- f paign, these high numbers are truly many countries adopted extreme forms disappointing. It seems though, as the WHY CHINA SHOULD JOIN THE of protectionism in a misguided at- news gets worse, the press releases get WTO tempt to save jobs at home. The worst happier. But it’s still double-speak. Mr. GRASSLEY. Mr. President, the of these misguided laws was the Another upsetting finding was the in- Senate will soon make a very impor- Smoot-Hawley Tariff Act in 1930, which crease in the use of the ‘‘club drug,’’ tant and historic decision about wheth- was enacted into law by the 71st Con- Ecstacy. Use of Ecstacy among 10th er to grant permanent normal trade re- gress. The act started out with good inten- graders increased from 3.3 percent in lations status to China. This decision tions. Its aim was to help the American 1998 to 4.4 percent in 1999. In addition, would pave the way for China’s acces- farmer with a limited, upward revision use among 12th graders increased from sion to the WTO. China’s likely acces- of tariffs on foreign produce. But it had 1.5 percent in 1998 to 2.5 percent in 1999. sion to the WTO is one of the most piv- the exact opposite result. It strangled The increase in the use of these so otal trade developments of the last 150 foreign trade. It deepened and widened called club drugs, such as Ecstacy, is years. It is also perhaps the single the severity of the Depression. Other particularly disturbing. This is so, be- most significant application of the countries faced with a deficit of ex- cause club drugs are frequently re- most-favored-nation principle, or non- ports to pay for their imports referred to as recreational drugs and are discrimination principle, in modern sponded by applying quotas and embar- perceived by many young people as trade history. goes on American goods. harmless. On December 23 of this past I believe we should approve perma- Mr. President, I went back to the his- year, we were given a glimpse of the nent normal trade relations for China. torical record to see what happened to sheer magnitude and severity of the I also strongly believe China should be United States agricultural exports market for Ecstacy, when Customs of- admitted to the World Trade Organiza- when other countries stopped buying ficials seized 700 pounds of Ecstacy. tion. Because this is such an important our agricultural products after we en- These 700 pounds would have been matter, I would like to address this acted that tariff. I was shocked by the enough to provide 1 million kids each issue today in a careful and thorough depth and severity of the retaliation. with a single dose. Unfortunately, way. In 1930, the United States exported Ecstacy is quickly becoming the drug I have two main points. First, The just over $1 billion worth of agricul- of choice among our young people. And Core principle of the WTO, the prin- tural goods. By 1932, that amount had it too is a gateway to wider drug use. ciple of nondiscrimination, or most-fa- been cut almost in half, to $589 million. Parents need to take a harder look at vored-nation treatment, is the only Barley exports dropped by half. So did what their children are being exposed way we have to keep markets open to exports of soybean oil. Pork exports to. everybody. fell 15 percent. Almost every American Last session I gave a floor statement We should seek the broadest possible export sector was hit by foreign retal- on one particular club drug, that is fre- acceptance of this basic principle of iation, but particularly agriculture. quently used in sexual assault cases, non-discrimination in trade. History As U.S. agricultural exports fell in called GHB. I am pleased to learn from shows that when countries trade with the face of foreign retaliation, farm this year Monitoring the Future study each other on a nondiscriminatory prices fell sharply, weakening the sol- that in next year’s survey, young peo- basis, everyone wins. History also vency of many rural banks. Their ple will be questioned about use of shows that free and open trade is one of weakened condition undermined de- GHB. But the issue is not this drug or the most effective ways to keep the positor confidence, leading to depositor that drug but the climate that encour- peace. runs, bank failures, and ultimately, a ages use and recruits kids into the drug Second and lastly I also support Chi- contraction of the money supply. scene. We must work to reverse the na’s entry into the WTO because it is Mr. President, I’m not saying that if trend to normalize and glamorize drug in our national self-interest to have a we hadn’t abandoned the non- use that has taken root in recent years. rules-based world trading system that discrimination principle we wouldn’t There is an encouraging decline in includes China. have had a depression. But it wouldn’t the use of inhalants among 8th and Mr. President, I would like to say a have lasted as long. It wouldn’t have 10th graders. And, use of crack cocaine few words about my first point, that hit as hard. It wouldn’t have destroyed among 8th and 10th graders is down everyone wins when we have non- as many lives. slightly. In addition, 12th graders re- discriminatory trade, which gives us a President Roosevelt attempted to ported a significant decrease in the use better chance to keep the peace. correct this mistake with a major shift

VerDate Mar 15 2010 23:31 Dec 04, 2013 Jkt 081600 PO 00000 Frm 00036 Fmt 4637 Sfmt 0634 E:\2000SENATE\S24FE0.REC S24FE0 mmaher on DSKCGSP4G1 with SOCIALSECURITY February 24, 2000 CONGRESSIONAL RECORD — SENATE S791 in policy in 1934 with the Reciprocal the 1970s, when we could have easily With the loss of that income, combined Trade Agreements Act. This legislation lost most of our progress in opening with other factors, farmers were unable authorized the President to negotiate new global markets, demonstrates why to pay their bills. Many lost their trade liberalizing agreements on a bi- it’s so important to expand and farms. Many are still struggling to re- lateral basis with our trading partners. strengthen the world trade system as cover. But the damage was done. The Recip- much as we can. Mr. President, what happened in rocal Trade Agreements Act was too China was not a GATT member in China shows what occurs when protec- little, too late. the 1970s. The disciplines were much tionism, trade barriers, tariffs, and Although 31 bilateral agreements weaker. Important sectors like agri- government-run controls take the were signed, the outbreak of the Sec- culture weren’t covered. Dispute reso- place of free markets. Trade is dis- ond World War completely shattered lution was largely unenforceable. torted. Consumers abroad have less any hope of a more cooperative inter- Today, that is all changed. Dis- choice. American farm families suffer. national trading environment. I don’t ciplines are stronger. Disputes can be It also demonstrated how important think it is a coincidence that another settled and effectively enforced. For China’s entry into the WTO is for World War closely followed the Depres- the first time, we now have rules that America’s farmers. sion. If political tensions were not in- cover agriculture. And now China is With a new bilateral market access flamed by severe economic pressures, ready to end a fifty-year period of agreement in place, and with meaning- and made worse by unnecessary and de- going its own way on trade policy. ful protocol agreements that should structive trade disputes, perhaps the Mr. President, rules and disciplines soon be in place, China won’t be able to history of the first half of the 20th cen- are meaningless unless they are widely use state trading enterprises to arbi- tury would have been different. accepted and broadly applied. We can- trarily restrict and manipulate agricul- Free trade alone may not keep the not have an effective, open world trade tural trade—and trade in other prod- peace. But it makes it a lot harder to system that excludes China. It’s as ucts—once it enters the WTO. go to war. simple as that. Let me say one final word. When we At the end of World War II, the There is one more reason why Chi- trade with other countries, we export United States led the effort to once na’s entry into the WTO is in our vital more that farm equipment, soybeans, again construct a world trading system national interest. For the first time in or computer chips. We export part of based on the Most-Favored-Nation history, China would be bound by en- our society. Part of our American val- principle of nondiscrimination. We suc- forceable international trade rules. I ues and ideals. This is good for the ceeded with the launch of the GATT, in would like to briefly explain why this WTO. It is good for China. It is good for 1947. development is so important. the United States. And I believe it will Now, once again, we have a world Because of the economic reforms of help keep the peace. trade system that increases our collec- the 1990s, China’s leaders have sparked Mr. President, we seldom get a real tive wealth through nondiscriminatory an economic renewal that has lead to change in Congress to make this a bet- free trade. We also have a world trade growth rates of 7–10 percent every year ter and safer world. but this is one of system that helps keep the peace. The of the last decade, easily dwarfing the those rare moments. I urge my col- fact that the cold war never ignited to growth rates of our own super-heated leagues to join me in supporting Chi- a hot conflict is due in large part to economy. As a consequence of its new na’s admission to the WTO. the success of the GATT in forging prosperity, China is buying a great deal The PRESIDING OFFICER. Under closer economic ties at a time when of everything, especially agricultural the previous order, the Senator from world political tensions were esca- products. Washington is recognized for 5 min- lating over other issues. But because about one-third of Chi- utes. Mr. President, we finally got it just na’s economic activity is generated and about right. But we still don’t have a controlled by state-owned enterprises, f world trade system that includes the if often manipulates its markets in a DISMANTLING THE COLUMBIA- world’s most populous nation, and one way that harms its trading partners. SNAKE HYDROELECTRIC SYSTEM of its most dynamic economies. China’s Take just one example well known to absence from the global trade forum the soybean farmers in my own state of Mr. GORTON. Mr. President, last matters because we still have not man- Iowa. In 1992, China’s soybean oil con- Friday, Oregon governor John aged to rid the world of political ten- sumption shot up from about 750,000 Kitzhaber announced his support for a sions and destabilizing trade disputes. metric tons to about 1.7 million metric radical Clinton-Gore administration We could still easily lose it all, just tons. Keeping pace with this increased proposal to begin dismantling the Co- as Europe did in 1885, and as we did in new demand, soybean oil imports also lumbia-Snake hydroelectric system by 1930. Increasingly, many of these dis- more than doubled. removing four hydroelectric dams in putes and tensions will involve, or at In order to keep up with surging do- southeastern Washington. That same least affect, both China and the United mestic demand, China imported more day, in Seattle, campaigning for presi- States. There are a few Members here soybeans and soybean meal, much of it dent, Bill Bradley also announced his who may remember the pressures on from the United States, and much of support for this proposal. the world trading system we had in the that amount from Iowa. When China’s Is support for destroying the Colum- early 1970s. Back then, we had a major soybean imports hit their peak in 1997, bia hydro system now a litmus test for world recession and two major oil price soybean meal in the United States was the Democratic Party and its can- shocks. trading at an average base of about didates for public office? I hope not, be- These pressures led to the so-called $240.00 per ton. This means our farmers cause the importance of salmon recov- ‘‘New Protectionism,’’ when countries were getting between $7.00 and $8.50 per ery and the value of our Northwest increasingly resorted to non-tariff bar- bushel for their soybeans. Everyone hydro system is too important to every riers to trade, such as quotas, vol- was better off. China’s consumers got family and community in our region. untary export restraint agreements, in- what they wanted. America’s soybean The Clinton-Gore administration— dustrial and agricultural subsidies, and growers prospered. This is the way most prominently through Interior orderly restraint agreements. The trade is supposed to work. Secretary Bruce Babbitt—has aggres- heightened tensions brought about by But suddenly, China’s state-run trad- sively advocated dismantling dams. the ‘‘New Protectionism’’ were poten- ing companies arbitrarily shut off im- Specifically, the administration has tially very destabilizing. ports of soybeans. Soybean meal that devoted significant agency resources to It was only with the conclusion of was selling in 1997 for $240.00 per ton in study removal of the four Snake River the Uruguay round of global trade ne- the United States plummeted to $125.00 dams in Washington. Even the U.S. gotiations in 1993 that we finally re- per ton by January 1999. Soybeans sell- Fish and Wildlife Service has publicly versed the dangerous course of this ing for $8.00 per bushel in 1997 fell to endorsed dam-breaching. Several other ‘‘New Protectionism,’’ and got free $4.00 per bushel by July 1999. You can agencies list it as a serious ‘‘option’’ to trade back on track. Our experience in imagine what happened on the farm. recovery Pacific Northwest salmon.

VerDate Mar 15 2010 23:31 Dec 04, 2013 Jkt 081600 PO 00000 Frm 00037 Fmt 4637 Sfmt 0634 E:\2000SENATE\S24FE0.REC S24FE0 mmaher on DSKCGSP4G1 with SOCIALSECURITY S792 CONGRESSIONAL RECORD — SENATE February 24, 2000 I will state here again—as I have dollars, would have to find an esti- system. I will fight to preserve this many times already—no proposal to re- mated $1 billion just to accomplish the system and fight to restore salmon move Snake or Columbia River dams job of removing the dams. runs within the context of this system. will pass in Congress while I am Sen- Throughout the study, the Corps ac- I thank the Chair. I suggest the ab- ator. I know that my colleagues, Sen- knowledges that breaching the dams sence of a quorum. ator GORDON SMITH of Oregon, Senator would have an adverse effect on the en- The PRESIDING OFFICER (Mr. BEN- MIKE CRAPO and Senator LARRY CRAIG, vironment, resident fish and wildlife, NETT). The clerk will call the roll. as well as Governor Dirk Kempthorne clean air, higher water temperatures, The assistant legislative clerk proof Idaho share my view. specifically through 50 to 75 million ceeded to call the roll. In addition, last year, Republican cubic yards of eroding sediment, in- Mr. DODD. Mr. President, I ask unan- members in the House for Washington, creased dust and emissions from re- imous consent that the order for the Idaho, Oregon, and Alaska—led by my placing hydroelectric power with nat- quorum call be rescinded. friend Congressman Doc Hastings—co- ural gas, and increased annual pollu- The PRESIDING OFFICER. Without objection, it is so ordered. sponsored a House resolution express- tion and safety concerns from highway Mr. DODD. I thank the Chair. ing opposition to the removal of dams and rail traffic. (The remarks of Mr. DODD pertaining on the Columbia and Snake Rivers. What the Corps didn’t say in the study is that today, the Columbia and to the submission of S. Con. Res. 82 are Scores of Washington State Senators located in today’s RECORD under ‘‘Sub- and state legislators appeared at a Snake Rivers provide a transportation corridor that moves more than $13 bil- mission of Concurrent and Senate Res- rally last year in support of the dams. olutions.’’) And unlike the Democratic presi- lion in cargo comprised of exports and f dential candidates, my friend governor imports to and from 43 states. This sys- George W. Bush has stated that he tem in 1997 alone handled 43 percent of THE REMARKS OF KING JUAN would not approve of such a proposal. all U.S. wheat exports and 11 percent of CARLOS AT THE LIBRARY OF I particularly commend Governor U.S. corn exports. That’s a significant CONGRESS amount of food for the world that Gary Locke for stating his opposition Mr. DODD. Mr. President, I have the would have to be transported in other to this unwise position. Governor pleasure to be the chairman of the ways. Locke has been especially courageous U.S.-Spain Council, which is a council and thoughtful in representing the best All of this comes at a time when the Bonneville Power Administration is reformed in 1996 between the American interest of his constituents in spite of and Spanish governments and made up the criticism of many of his own supporting impending energy shortages for the Pacific Northwest and the Sec- of members of the private and public porters. Removing dams from the Co- sectors. This council meets once a year lumbia hydro system is bad policy. It is retary of the Energy is traveling to the Middle East to try for cheaper oil to to discuss issues of common interest, bad for people. It costs too much. And counteract increasing gasoline and oil and also to work on what we call a tri- the value to salmon is highly question- prices. angulation, utilizing the tremendous able. What is certain is that dam re- Also lost on this administration and knowledge, awareness, and influence of moval will make the Northwest a dirti- other dam removal advocates is the Spain in the Americas to enter into co- er place to live as it will put tens of fact that salmon populations are de- operative efforts with the United thousands of added trucks on the road clining everywhere including in water- States to improve economic conditions and as clean hydro power is replaced sheds where there are no dams. The Na- and strengthen democratic institutions with coal or gas burning energy. tional Academy of Sciences studied in the Western Hemisphere. The case against breaching the Northwest salmon issues and found This past couple of days we have had Snake River dams is bolstered by evi- that in river basins like the Chehalis the pleasure of hosting King Juan Car- dence found in the Corps of Engineers basin and the Willapa basin where los of Spain and his wife, Queen Sofia. own feasibility study. The Corps found there are no dams, the decline of salm- This morning, I had the privilege of that with existing dam conditions, the on populations, per capita, is identical being in attendance at the Library of average survival rate through all four to that of the Columbia River. Native Congress to hear an address in the dams and reservoirs on the Snake salmon runs on the East Coast are in Great Hall by King Juan Carlos. This River for juvenile salmon is already more serious decline than many in the was a remarkable address that I over 80 percent, and for adult salmon is Pacific Northwest and yet almost none thought my colleagues might enjoy 88–94 percent. In addition, in the dozens of those salmon runs are from rivers reading. I was tremendously pleased that we of appendices, summaries, charts, containing hydroelectric dams. But are glossy brochures, and documents, there we still to believe that destroying the were joined at a reception prior to the is little, if any, concrete, verifiable bio- Columbia hydro system is necessary to King’s address by our majority leader, logical or scientific data in the Corps’ save salmon? Senator LOTT, who made excellent re- study that shows that the removing And let’s be clear about one more marks welcoming the King to the Li- even one inch of these dams would re- thing. Today, the dam removal advo- brary of Congress, and by Senator store salmon runs. cates focus only on four dams that gen- DASCHLE, who commented on the At the same time, much of the Corps’ erate power for BPA on the Snake unique cooperative relationships that own evidence in the feasiblity study River. But let nobody be fooled. They the two countries have enjoyed. Sen- verifies that the economic and social and their political allies among the na- ator TED STEVENS, chairman of the Ap- effects caused by dam breaching would tional environmental groups mean to propriations Committee, who, of be devastating to the region. The destroy more of the Columbia hydro course, is also the head of the commis- Corps’ cost estimates, which are unre- system than just these four dams. sion that deals with the Library of alistically low, assume that the eco- If removing these four dams on the Congress, also shared some of his nomic impact measured in lowered Snake River—dams containing fish thoughts. In addition, a number of our farmland values, pump modification passage facilities—is necessary to com- colleagues were present to speak with costs, and irrigation wells would ex- ply with the Endangered Species Act King Juan Carlos, including the chair- ceed $230 million. and other laws, then surely, Grand man of the Armed Services Committee, Replacing lost hydropower with Coulee Dam without fish passage facili- Senator WARNER, Senator BAYH, and other energy forms would increase ties blocking hundreds of miles of pris- Senator BOB GRAHAM, who, in fact, was electricity costs to local ratepayers by tine salmon habitat must come down. my predecessor as the U.S. Chairman as much as $291 million per year. And Perhaps the Oregon Governor can ex- of the U.S.-Spain Council. It was a very increased highway and rail traffic costs plain why Oregon’s Hells Canyon dam worthwhile gathering. would cost industries an additional $24 on the Snake River and with no fish I feel fortunate to have attended this million per year, and $100 to $200 mil- passage capacity can survive under his morning’s address. In his address, King lion a year to replace barging with criteria. Juan Carlos spoke about the defining trucking and rail. On top of that, the This debate is about preserving or moments and opportunities in a na- government, through your taxpayer dismantling the Columbia River hydro tion’s history. His Majesty, himself,

VerDate Mar 15 2010 23:31 Dec 04, 2013 Jkt 081600 PO 00000 Frm 00038 Fmt 4637 Sfmt 0634 E:\2000SENATE\S24FE0.REC S24FE0 mmaher on DSKCGSP4G1 with SOCIALSECURITY February 24, 2000 CONGRESSIONAL RECORD — SENATE S793 has been involved in several of the de- ible with a far-reaching yearning for knowl- and the Atlantic. After years of absence, fining moments in Spain’s history. In edge and a continuous thirst for new find- Spain is once more actively involved in the the wake of Tuesday’s terrorist assault ings, and scientific discoveries. political life of Europe. George Washington, Thomas Jefferson and Accession to the European Union con- against Democracy in Spain, it is com- Benjamin Franklin were, in this sense, three stituted a watershed in the recent history of forting to see firsthand the dedication archetypes of the men who built the founda- my country. Within a short time, Spaniards to peace and nonviolence that His Maj- tions of the incipient United States of Amer- made an exceptional effort to adapt their en- esty King Juan Carlos personifies. ica upon ideals of freedom and democracy tire economic, industrial, and even social Throughout his reign, King Juan Car- that were truly revolutionary for their structures to the regulations of the new en- los has been a uniting force in his times, and were also spurred by a continuous vironment where we have chosen to live. search for scientific knowledge. We can say, and I as a Spaniard am proud country—forever championing human It was they who were mainly responsible rights and consensus building. That is to do so, that this effort has been rewarded for ensuring that the thirteen original colo- by considerable success. Spain today is an not to say, however, that he has given nies, once Independence had been attained, open and modern country, with a plural, in to the demands of terrorist rebels. In did not content themselves with merely highly-motivated and thriving society, fact, 25 years ago, shortly after taking maintaining the model of rural society that which faces the future with optimism and office, rebels stormed the Parliament had formed them. From the start they incul- aims to play a leading role in the community of Spain, held lawmakers hostage, and cated in them—through their own example of of developed nations. attempted a coup d’etat. As a young encyclopedists avid for new learning—those It is precisely because we are aware of the features which still seem to me the most sig- ruler, King Juan Carlos stood up to the enormously positive effect that accession to nificant and permanent of this great coun- the European Union has had on our country, rebels and replied that the coup would try: the search for scientific discovery, the that Spaniards from the outset have been succeed only over his dead body. The accumulation of knowledge, always in per- resolutely in favour of enlargement to the rebels stood down only days later. manent expansion driving forward the countries of Central and Eastern Europe. Once again, Spain finds itself under everchanging frontiers of the human mind. Europeans now have the opportunity and terrorist attack. I am confident that Thus, it is not surprising that the leading the moral obligation to incorporate into the role of the United States at the beginning of ambitious project now under construction under the spirit of leadership engen- this new millennium is precisely based on dered by King Juan Carlos, Spanish au- those countries that, on account of unfair the great scientific and technological advan- historical circumstances, remained isolated thorities will restore trust and order to tage achieved by the urge for discovery in- from what had always been their political, Spanish daily life and silence terrorist stilled in it by the Founding Fathers. economic and cultural environment. The In the lives of nations, great historic op- bombs once and for all. possibility of extending respect for values portunities sometimes arise which must be This is not to say that Spain finds shared by us all to Central and Eastern Eu- put to good advantage. The honour and glory itself in a precarious world position rope, together with the economic progress of fell to Spain for having been the country their people, is the best guarantee for peace today. In the new millennium, Spain is that, through the discovery of 1492, and the a cultural, economic, and world leader and stability for the future of our continent. subsequent colonial expansion, laid the Besides being a European country, Spain in the European arena. As the Euro- groundwork for the emergence of the com- has historically been and Atlantic nation. munity of nations that, on both sides of the pean Union becomes more inter- Our history is closely bound up with the Atlantic, shares today the same human and connected, and the Euro becomes the Transatlantic link that unites the two currency of trade in Europe, Spain will political values. Spaniards at the close of the 15th century shores. European unity cannot be built to assuredly step up to its leadership posi- and beginning of the 16th, actively joined the detriment or at the expense of the rela- tion. As His Majesty states, Spain is and, in many occasions, led the great polit- tionship with the United States. Today, as in not only focused on European rela- ical, social and scientific movements of their the past, Transatlantic relations must con- tions. Spain historically has been an age. Similarly, it is Spain’s aim at the dawn stitute one of the focal points of our inter- Atlantic nation and thus enjoys rich of the 21st, century to play a prominent role national relations. in an age, in which, once again, we are wit- Spain’s Atlantic vocation is not confined historic and economic ties with the to the northern hemisphere. Obviously, United States and Latin America. nessing great transformations. Motivated by technological and scientific progress and an Spain feels particularly concerned with ev- Without doubt, the United States will extraordinary change on the international erything that happens in Latin America. continue to support warm relations political scene, these transformations light This region currently presents very encour- with Spain in the future. up a new century that has been born under aging results, both in respect of political and I hope that my colleagues will take the sign of globalization. economic progress, although many problems the time to read in full the eloquent re- During the final years of the 20th century, are still pending, such as poverty and social the bipolarity that had divided the world in inequality. marks of King Juan Carlos and I ask The high degree of inter-relationship that unanimous consent that his remarks be two blocks since the second World War, disappeared. exists between the Iberian peoples on both printed in the RECORD. Although it is still too soon to venture a sides of the Atlantic cannot be explained There being no objection, the mate- historic judgment, we can nevertheless as- solely in terms of the long period of time rial was ordered to be printed in the sert that this development has contributed during which they formed a single nation. RECORD, as follows: remarkably to accelerating the process of Once the countries that today make up what we call Latin America reached their inde- ADDRESS BY H.M. THE KING AT THE UNITED globalisation, by allowing a greater integra- pendence, close ties were still preserved be- STATES LIBRARY OF CONGRESS, FEBRUARY tion of the economies and increasingly free tween our peoples. These ties continue to be 24, 2000 communications between nations. The gigantic leap forward by communica- very strong today, as shown by our active Senators, Members of Congress, Director of tion and information technologies over the participation in initiatives such as the Ibero- the Library of Congress, Ladies and Gen- past few years has also played a part. In a American Summits, the promotion of rela- tleman, progressively integrated and inter-dependent tions between the European Union and these The opportunity that you have given me to world, the ‘‘new economy’’ is a daily reality. countries, and the resolute commitment of speak today in this solemn and historic But the great advances in science and tech- Spanish businessmen to the future of Latin building, under the dome that stores so nology in recent times, and the good per- America. much human knowledge, fills me with deep formance of the economies of our respective But today’s Hispanic world has expanded satisfaction. countries, must not allow us to forget that a far beyond its geographical and political The books that surround us are codified large part of the world population lives in boundaries. It has become a major force, forms of the memory and of the experience of poverty. even in the United States, where it has the best that humankind has accomplished Globalisation, the phenomenon of the ‘‘new taken on special importance. in this world. This is a place that undoubt- economy’’, is sustained by free-trade and The Hispanic community in this country edly inspires excellence, which invites people free-market principles. We must support has an ever-growing presence. This presence to learn from the past, and to plan for the fu- these principles since they constitute the is not only the result of its strong demo- ture with hope and energy. We stand here be- foundations of the economic prosperity of graphic growth, but rather constitutes a de- fore history, and a past whose calm and pro- nations; but we must also ensure that they velopment with major social and political re- found presence enlightens us. are compatible with the values that we all percussions, on account of the progressively Therefore, allow me first of all to pay trib- share, and which find their most worthy ex- bigger role of the individuals that make it ute to those who, at the inception of the pression in the respect for rights, for all fun- up. young American nation, made their pas- damental human rights, including appro- The United States should not forget that sionate struggle to establish forms of gov- priate working conditions. the Union was formed with the Southern ernment more just than those which had In this new international context, Spain states, on whose people the Hispanic imprint until then been commonly accepted, compat- looks with special interest towards Europe was deeply stamped. In short, the Hispanic

VerDate Mar 15 2010 23:31 Dec 04, 2013 Jkt 081600 PO 00000 Frm 00039 Fmt 4637 Sfmt 0634 E:\2000SENATE\S24FE0.REC S24FE0 mmaher on DSKCGSP4G1 with SOCIALSECURITY S794 CONGRESSIONAL RECORD — SENATE February 24, 2000 world is an integral part of the history of the nominations, but it was necessary for to have advanced the economic well- United States. me to be in Montana today. being of my state by continuing my Allow me to quote the words of: President I traveled back to Montana to join fight to open markets for Montana ag- Kennedy. In a speech delivered in 1961, he with Montana farmers, Montana busi- riculture. said: ‘‘Unfortunately, too many Americans ness people, and Montana government think that America was discovered in 1620, f when the pilgrims came to my state, and officials, and Montana economic devel- they forget the immense adventure of the opment experts in Great Falls and Hel- INTERNET PRIVACY 16th century and beginning of the 17th in the ena to greet a high-level Chinese agri- Mr. HOLLINGS. Mr. President, I South and South-western part of the United culture purchasing delegation. This want to bring to the Senate’s attention States.’’ group is led by the Chairman of Perhaps President Kennedy’s words would an article from today’s TheStreet.Com COFCO, the China National Cereals, entitled ‘‘DoubleClick Exec Says Pri- not respond to today’s reality. I am sure that Oils, and Feedstuffs Import and Export the Hispanic community I mentioned earlier, vacy Legislation Needn’t Crimp Re- and which is nowadays evermore flourishing Corporation, and includes senior Chi- sults.’’ For many Americans, the fear and influential, will ensure that the enor- nese government officials. We provided of a loss of personal privacy on the mous colonising task undertaken by its an- this Chinese delegation with informa- Internet represents the last hurdle im- cestors in the 16th and 17th centuries in what tion about the opportunities Montana peding their full embrace of this excit- today are the Southern and South-western presents and educated them about the ing and promising new medium. In ad- states of this country is given due recogni- high quality and competitive agricul- dition, many other Internet users un- tion by fellow Americans. tural products and value-added food There is a very large Spanish section in fortunately are today unaware of the products in our state. significant amount of information the Library of Congress. Therefore this is a I have been working for over 20 years good place to recall that on territory that is profiling that is occurring every time now American, two great cultural vectors to expand trade and open markets they visit a web site. Notwithstanding meet: one coming from Northern, Anglo- overseas for Montana and American ag- the significant privacy concerns raised Saxon Europe, the other from the Mediterra- ricultural commodities, value-added by such surreptitious activity, many nean, what we could call the Latin and Ibe- agricultural products, manufactured companies continue to oppose even a rian culture. goods, and services. Increasing exports It is precisely on our collaboration with, basic regulatory framework that would brings benefits to our farmers, our ensure the protection of consumers’ and on the support of this noble institution, workers, and our communities in Mon- the Library of Congress, that I place my privacy on the Internet—a basic frame- highest hopes for recognition of a new aware- tana. work that has been successfully adopt- China, in particular, represents a ness of Spain’s historic role in creating and ed with respect to other areas of our market of almost unlimited potential. forming the personality of the American na- economy. That is why I was so pleased I have worked hard for the last 10 years tion. to see a leading Internet Executive The widely recognized academic authority to expand trading relations between from DoubleClick state that his com- of the Library, the new data-processing the United States and China. This pany would not ‘‘face an insurmount- methods that give it an enormous capacity year, I am leading the fight to grant able problem’’ in attempting to operate for disseminating its bibliographical and China Permanent Normal Trade Rela- under strict privacy rules. Complying documentary treasures, as well as its plans tions status, PNTR. The full implemen- for collaboration with the most important li- with such rules is ‘‘not rocket tation of this agricultural agreement is braries of our country, are our best guar- science,’’ the executive stated, ‘‘It’s a vital part of this effort to bring antee for success. execution.’’ Obviously, what this gen- China into the WTO. It will ensure that Honorable Senators, Honorable Represent- tleman has asserted is that strict pri- atives, a good knowledge of our past will en- Montana and the rest of America will vacy rules would not impede the basic able us to better understand our future. benefit from the unique opportunities functionality and commercial activity In 1840, Alexis de Tocqueville, in his work in China. The delegation that I brought on the Internet. I look forward to Democracy in America, wrote, ‘‘America is a to Montana this week is only the first working with my colleagues on the country of wonders; everything there is in step along the road to increased ex- constant change, and all change seems to be Commerce Committee to draft legisla- ports to China. progress.’’ tion in this area and hope that others The outcome of today’s vote on the We are now in the first year of a new cen- in industry will join DoubleClick’s ap- Iran Nonproliferation Act would not tury and are living in times of great change. parent willingness to implement pro- Therefore let us live up to the spirit that have changed had I been present. This consumer privacy rules. Tocqueville saw in 19th Century America and measure passed, 98–0, and I strongly I ask unanimous consent that an ar- let us ensure that all change will constitute support it. I do so for three reasons: it ticle entitled ‘‘DoubleClick Exec Says progress, so that the words with which the il- requires the President to report to Privacy Legislation Needn’t Crimp Re- lustrious Frenchmen described those Ameri- Congress on foreign entities where cans will ring true: ‘‘In America man seems sults’’ be printed in the RECORD. there is ‘‘credible information’’ that to have no natural limits to his efforts; in There being no objection, the article they have transferred certain goods, his eyes, everything that has not already was ordered to be printed in the been achieved is because it has not yet been services or technologies to Iran; it au- RECORD, as follows: attempted’’. thorizes the President to impose meas- Thank you very much. ures against these entities; and it pro- [From the Street.Com, February 24, 2000] Mr. DODD. Mr. President, I suggest hibits ‘‘extraordinary’’ U.S. payments DOUBLECLICK EXEC SAYS PRIVACY the absence of a quorum. to the Russian Space Agency until cer- LEGISLATION NEEDN’T CRIMP RESULTS The PRESIDING OFFICER. The tain conditions are met. I voted for a (By George Mannes) clerk will call the roll. similar bill in 1998, legislation which The worst-case scenario for DoubleClick The assistant legislative clerk pro- passed the Senate, 90–4, and was subse- (Nasdaq:DCLK—news) may not be so bad ceeded to call the roll. quently vetoed by the President. after all. I also support the outcome of the The Internet advertising company has suf- Mr. BROWNBACK. Mr. President, I fered a barrage of negative publicity re- ask unanimous consent that the order other rollcall votes that occurred in cently over the information it gathers on for the quorum call be rescinded. the Senate today, for the confirmation people’s online activities. News that the Fed- The PRESIDING OFFICER. Without of two Federal judges. Kermit Bye, eral Trade Commission is conducting an in- objection, it is so ordered. nominated to be U.S. Circuit Judge for formal inquiry into the company’s data-col- (The following statement was printed the 8th Circuit, and George Daniels, lection policies was among the developments in the RECORD at the request of Mr. nominated for District Judge of the that prompted a 23% decline in the stock’s price over the past week. (It rose 1 47/64 DASCHLE.) southern district of New York, are both highly qualified judges. Both were con- Wednesday to close at 85 55/64.) f But at a Wall Street conference Wednes- firmed today, by votes of 98–0. In both EXPLANATION OF MISSED VOTES day, a DoubleClick executive at the eye of cases, my vote would have made the the data-collection storm told investment Mr. BAUCUS. Mr. President, I regret outcome 99–0. professionals that even the worst outcome I was unable to vote on the Iran Non- Although I regret that I was unable for DoubleClick wouldn’t present a major proliferation Act and two judicial to cast these three votes, I am pleased hurdle to its business plans.

VerDate Mar 15 2010 23:31 Dec 04, 2013 Jkt 081600 PO 00000 Frm 00040 Fmt 4637 Sfmt 0634 E:\2000SENATE\S24FE0.REC S24FE0 mmaher on DSKCGSP4G1 with SOCIALSECURITY February 24, 2000 CONGRESSIONAL RECORD — SENATE S795 ROCKET SCIENCE lected will remain anonymous and not be accompanying papers, reports, and doc- Jonathan Shapiro, senior vice president tied to an actual identity, there is no real uments, which were referred as indi- and head of the company’s Abacus Online Al- need for an affirmative opt-in,’’ says David cated: Sobel, general counsel for EPIC. liance, told a group of attendees at the EC–7641. A communication from the Direc- eMarketing2000 conference hosted by C.E. In a further indication that opt-in isn’t a life-or-death issue for DoubleClick, Shapiro tor, Regulations Policy and Management Unterberg Towbin that DoubleClick would be said the company wouldn’t have to person- Staff, Food and Drug Administration, De- able to find a way to operate under stricter ally identify all the now-anonymous surfers partment of Health and Human Services, privacy rules. ‘‘It’s not rocket science,’’ Sha- in its database before the Abacus informa- transmitting, pursuant to law, the report of piro said. ‘‘It’s execution.’’ tion would be useful. What DoubleClick will a rule entitled ‘‘Indirect Food Additives: Ad- Shapiro’s comments come in the wake of be able to do, he said, is to use a sample of hesives and Components of Coatings’’ (Dock- assertions by activists and at least one sen- identifiable surfers—for whom it has person- et No. 92F–0443), received February 17, 2000; ator that, to protect people’s privacy online, ally identifiable purchasing histories and on- to the Committee on Health, Education, DoubleClick and other online marketers line habits—to make an educated guess at Labor, and Pensions. should be restricted from continuing current the buying habits of surfers who remain EC–7642. A communication from the Direc- information-collection policies. That hasn’t anonymous. DoubleClick believes that tactic tor, Regulations Policy and Management sat well with DoubleClick, whose president will be possible using information from Staff, Food and Drug Administration, De- suggested last week that such restrictions about 5 million personally identifiable Inter- partment of Health and Human Services, would hurt the company and threaten the fi- net users—a sample size the company hopes transmitting, pursuant to law, the report of nancial health of all Internet companies re- to amass by the end of the year. So far, the a rule entitled ‘‘Medical devices; Reclassi- lying on advertising revenue. company has between 100,000 and 200,000 pro- fication and Codification of Neodymium; Yt- As part of its strategy to help marketers files in its combined off-line-online database, trium: Aluminum: Garnet (Nd: YAG) Laser finely target their advertising messages, Shapiro said. for Peripheral Iridotomy’’ (Docket No. 93P– DoubleClick is in the process of merging But that doesn’t mean the company would 0277), received February 17, 2000; to the Com- anonymous profiles of the online behavior of be ready to quit after collecting 5 million of mittee on Health, Education, Labor, and millions of Web surfers with information these profiles. ‘‘We would like to, over time, Pensions. from its recently acquired subsidiary Abacus learn who people are,’’ Shapiro said. EC–7643. A communication from the Assist- Direct. The company’s goal is to tie as many f ant Secretary for Administration and Man- of the anonymous online profiles as it can to THE VERY BAD DEBT BOXSCORE agement, Department of Labor, transmit- its Abacus database, which details the names ting, pursuant to law, a report relative to and off-line purchasing habits of millions of Mr. HELMS. Mr. President, at the the designation of an Acting Assistant Sec- consumers. close of business yesterday, Wednes- retary for Pension and Welfare Benefits; to OPTING OUT day, February 23, 2000, the Federal debt the Committee on Health, Education, Labor, At issue is how easily DoubleClick will be stood at $5,744,135,736,409.24 (Five tril- and Pensions. able to attach names and addresses to its lion, seven hundred forty-four billion, EC–7644. A communication from the Sec- anonymous online profiles. The company one hundred thirty-five million, seven retary of Health and Human Services, trans- hopes it will be able to continue its current mitting, pursuant to law, the annual report hundred thirty-six thousand, four hun- for fiscal year 1999 on the implementation of ‘‘opt-out’’ process. Under that procedure, if dred nine dollars and twenty-four people register by name at a DoubleClick-af- the authority and use of fees collected under cents). the Prescription Drug User Fee Act of 1992; filiated site such as Alta Vista, DoubleClick One year ago, February 23, 1999, the can attach that name to the information it to the Committee on Health, Education, gathers from different sites and through Ab- Federal debt stood at $5,619,948,000,000 Labor, and Pensions. acus Direct, assuming the person has been (Five trillion, six hundred nineteen bil- EC–7645. A communication from the Direc- sufficiently warned and hasn’t specifically lion, nine hundred forty-eight million). tor, Corporate Policy and research Depart- refused to the arrangement, or ‘‘opted out.’’ Five years ago, February 23, 1995, the ment, Pension Benefit Guaranty Corporation In contrast, the privacy bill that Sen. Robert Federal debt stood at $4,837,337,000,000 transmitting, pursuant to law, the report of Torricelli (D., NJ) introduced this month (Four trillion, eight hundred thirty- a rule entitled ‘‘Allocation of Assets in Sin- would prevent DoubleClick from collecting seven billion, three hundred thirty- gle-Employer Plans; Interest Assumptions personally identifiable information unless for Valuing Benefits’’, received February 17, seven million). 2000; to the Committee on Health, Education, surfers have ‘‘opted in,’’ or specifically Ten years ago, February 23, 1990, the agreed to the arrangement. Labor, and Pensions. Federal debt stood at $2,992,887,000,000 EC–7646. A communication from the Sec- But even if DoubleClick were required to (Two trillion, nine hundred ninety-two switch from opt-in to opt-out, the company retary of Health and Human Services, trans- wouldn’t face an insurmountable problem, billion, eight hundred eighty-seven mitting, pursuant to law, a report relative to according to Shapiro. ‘‘If we have to go to million) which reflects a doubling of emergency funds made available under the opt-in . . . we’ll get people to opt in,’’ he told the debt—an increase of almost $3 tril- Low-income Home Energy Assistance Act of a small group of investors at a breakout ses- lion—$2,751,248,736,409.24 (Two trillion, 1981; to the Committee on Health, Education, sion. seven hundred fifty-one billion, two Labor, and Pensions. Asked how the company would be able to hundred forty-eight million, seven hun- EC–7647. A communication from the Gen- eral Counsel, Federal Emergency Manage- do this, Shapiro made it sound like no big dred thirty-six thousand, four hundred deal. ‘‘You’d do a value exchange,’’ he said, ment Agency, transmitting, pursuant to law, nine dollars and twenty-four cents) the report of a rule entitled ‘‘Changes in outlining a scenario in which the company during the past 10 years. could easily get 20 online merchants with Flood Elevation Determinations; 65 FR 7440; which it does business to each contribute a f 02/15/2000’’ (Docket No. FEMA–7305), received February 17, 2000; to the Committee on $10-off to a coupon book. Then DoubleClick MESSAGES FROM THE PRESIDENT could use that coupon book as an incentive Banking, Housing, and Urban Affairs. to have online consumers opt in. The mer- Messages from the President of the EC–7648. A communication from the Chair- chants, not DoubleClick, would absorb the United States were communicated to man, Board of Governors of the Federal Re- cost of the coupons, and consumers would the Senate by Mr. Thomas, one of his serve System transmitting, pursuant to law, benefit by receiving a $200 value, he said. secretaries. its Monetary Policy Report; to the Com- mittee on Banking, Housing, and Urban Af- EXECUTIVE MESSAGES REFERRED LIFTING THE GLOOM fairs. Shapiro’s comments stand in contrast to As in executive session the Presiding EC–7649. A communication from the Gen- the gloomy statements made last week by Officer laid before the Senate messages eral Counsel, Federal Emergency Manage- DoubleClick President Kevin Ryan who said from the President of the United ment Agency, transmitting, pursuant to law, if companies were forced to get Internet surf- States submitting sundry nominations the report of a rule entitled ‘‘Final Flood ers to opt in, ‘‘it would be extremely hard for which were referred to the appropriate Elevation Determinations; 65 FR 7443; 02/15/ the Internet to be successful.’’ Ryan may committees. 2000’’, received February 17, 2000; to the Com- have been talking about having to get per- (The nominations received today are mittee on Banking, Housing, and Urban Af- mission even to create anonymous online printed at the end of the Senate pro- fairs. data, not just personally identifiable proceedings.) EC–7650. A communication from the Execu- files. tive Director, Emergency Steel Guarantee But a reading of Torricelli’s bill, as well as f Loan Board transmitting, pursuant to law, an FTC complaint filed by the Electronic EXECUTIVE AND OTHER the report of a rule entitled ‘‘Loan Guar- Privacy Information Center indicates that COMMUNICATIONS antee Decisions; Availability of Environ- proponents of opt-in want it only for person- mental Information’’ (RIN3003–ZA00), really identifiable information. ‘‘If there’s a The following communications were ceived February 17, 2000; to the Committee realistic assurance that the information col- laid before the Senate, together with on Banking, Housing, and Urban Affairs.

VerDate Mar 15 2010 23:31 Dec 04, 2013 Jkt 081600 PO 00000 Frm 00041 Fmt 4637 Sfmt 0634 E:\2000SENATE\S24FE0.REC S24FE0 mmaher on DSKCGSP4G1 with SOCIALSECURITY S796 CONGRESSIONAL RECORD — SENATE February 24, 2000 EC–7651. A communication from the Execu- to the Committee on Commerce, Science, 56 [2–18/2–17]’’ (RIN2120–AA66) (2000–0040), re- tive Director, Emergency Steel Guarantee and Transportation. ceived February 17, 2000; to the Committee Loan Board transmitting, pursuant to law, EC–7662. A communication from the Pro- on Commerce, Science, and Transportation. the report of a rule entitled ‘‘Loan Guar- gram Analyst, Federal Aviation Administra- EC–7671. A communication from the Pro- antee Decisions; Availability of Environ- tion, Department of Transportation, trans- gram Analyst, Federal Aviation Administra- mental Information; Correction’’ (RIN3003– mitting, pursuant to law, the report of a rule tion, Department of Transportation, trans- ZA00), received February 17, 2000; to the entitled ‘‘Revision of Class E Airspace; mitting, pursuant to law, the report of a rule Committee on Banking, Housing, and Urban Carrizo Springs, TX; Direct Final Rule; Con- entitled ‘‘Modification of Class E Airspace; Affairs. firmation of Effective Date; Docket No. 99– Connersville, IN; Docket No. 99–AGL–55 [2–18/ EC–7652. A communication from the Execu- ASW–29 [2–17/2–17]’’ (RIN2120–AA66) (2000– 2–17]’’ (RIN2120–AA66) (2000–0041), received tive Director, Emergency Steel Guarantee 0045), received February 17, 2000; to the Com- February 17, 2000; to the Committee on Com- Loan Board transmitting, pursuant to law, mittee on Commerce, Science, and Transpor- merce, Science, and Transportation. the report of a rule entitled ‘‘Loan Guar- tation. EC–7672. A communication from the Spe- antee Decision; Application Deadline’’ EC–7663. A communication from the Pro- cial Assistant to Bureau Chief, Mass Media (RIN3003–ZA00), received February 17, 2000; to gram Analyst, Federal Aviation Administra- Bureau, Federal Communications Commis- the Committee on Banking, Housing, and tion, Department of Transportation, trans- sion, transmitting, pursuant to law, the re- Urban Affairs. mitting, pursuant to law, the report of a rule port of a rule entitled ‘‘In the Matter of Re- EC–7653. A communication from the Execu- entitled ‘‘Revision of Class E Airspace; Del view of the Commissioner’s Broadcast and tive Director, Emergency Oil and Gas Guar- Rio, TX; Direct Final Rule; Confirmation of Cable Equal Employment Opportunity Rules anteed Loan Board transmitting, pursuant Effective Date; Docket No. 99–ASW–31 [2–17/ and Policies and Termination of the EEO to law, the report of a rule entitled ‘‘Loan 2–17]’’ (RIN2120–AA66) (2000–0046), received Streamlining Proceeding’’ (MM Docket No. Guarantee Decision; Application Deadline’’ February 17, 2000; to the Committee on Com- 98–204, 96–16, FCC 00–20), received February (RIN3003–ZA00), received February 17, 2000; to merce, Science, and Transportation. 23, 2000; to the Committee on Commerce, the Committee on Banking, Housing, and EC–7664. A communication from the Pro- Science, and Transportation. Urban Affairs. gram Analyst, Federal Aviation Administra- EC–7673. A communication from the Gen- EC–7654. A communication from the Execu- tion, Department of Transportation, trans- eral Counsel, Department of the Treasury, tive Director, Emergency Oil and Gas Guar- mitting, pursuant to law, the report of a rule transmitting a draft of proposed legislation anteed Loan Board transmitting, pursuant entitled ‘‘Revision of Class E Airspace; relative to the International Monetary Fund; to law, the report of a rule entitled ‘‘Loan Uvalde, TX; Direct Final Rule; Request for to the Committee on Foreign Relations. Guarantee Decision; Availability of Environ- Comments; Docket No. 2000–ASW–04’’ EC–7674. A communication from the Sec- mental Information; Correction’’ (RIN3003– (RIN2120–AA66) (2000–0048), received February retary, Judicial Conference of the United ZA00), received February 17, 2000; to the 17, 2000; to the Committee on Commerce, States, transmitting a draft of proposed leg- Committee on Banking, Housing, and Urban Science, and Transportation. islation relative to judgeships; to the Com- Affairs. EC–7665. A communication from the Pro- mittee on the Judiciary. EC–7655. A communication from the Execu- gram Analyst, Federal Aviation Administra- EC–7675. A communication from the Chair- tive Director, Emergency Oil and Gas Guar- tion, Department of Transportation, trans- man of the U.S. International Trade Com- anteed Loan Board transmitting, pursuant mitting, pursuant to law, the report of a rule mission, transmitting a draft of proposed to law, the report of a rule entitled ‘‘Loan entitled ‘‘Revision of Class E Airspace; legislation relative to the authorization of Guarantee Decision; Availability of Environ- Artesia, NM; Direct Final Rule; Confirma- appropriations for the Commission for fiscal mental Information’’ (RIN3003–ZA00), re- tion of Effective date; Docket No. 99–ASW–30 year 2001; to the Committee on Finance. ceived February 17, 2000; to the Committee [2–17/2–17]’’ (RIN2120–AA66) (2000–0047), re- EC–7676. A communication from the Assist- on Banking, Housing, and Urban Affairs. ceived February 17, 2000; to the Committee ant Secretary, Indian Affairs, Department of EC–7656. A communication from the Gen- on Commerce, Science, and Transportation. the Interior transmitting, pursuant to law, a eral Counsel, National Credit Union Admin- EC–7666. A communication from the Pro- report entitled ‘‘Economic Development istration transmitting, pursuant to law, the gram Analyst, Federal Aviation Administra- Plan for the Ponca Tribe of Nebraska’’; to report of a rule entitled ‘‘12 CFR Parts 702, tion, Department of Transportation, trans- the Committee on Indian Affairs. 741, and 747; Prompt Corrective Action’’, re- mitting, pursuant to law, the report of a rule EC–7677. A communication from the Presi- ceived February 22, 2000; to the Committee entitled ‘‘Revision of Class E Airspace; Port dent of the United States of America, trans- on Banking, Housing, and Urban Affairs. Lavaca, TX; Direct Final Rule; Request for mitting, pursuant to law, a report relative to EC–7657. A communication from the Gen- Comments; Docket No. 2000–ASW–03 [2–17/2– the safeguard action taken with respect to eral Counsel, National Credit Union Admin- 17]’’ (RIN2120–AA66) (2000–0049), received Feb- imports of line pipe; to the Committee on Fi- istration transmitting, pursuant to law, the ruary 17, 2000; to the Committee on Com- nance. report of a rule entitled ‘‘12 CFR Parts 701, merce, Science, and Transportation. EC–7678. A communication from the Asso- 715, and 741; Supervisory Committee Audits EC–7667. A communication from the Pro- ciate Administrator, Agricultural Marketing and Verification’’, received February 22, 2000; gram Analyst, Federal Aviation Administra- Service, Fruit and Vegetable Programs, De- to the Committee on Banking, Housing, and tion, Department of Transportation, trans- partment of Agriculture transmitting, pur- Urban Affairs. mitting, pursuant to law, the report of a rule suant to law, the report of a rule entitled EC–7658. A communication from the Gen- entitled ‘‘Revision of Class E Airspace; Jas- ‘‘Tomatoes Grown in Florida; Partial Ex- eral Counsel, National Credit Union Admin- per, TX; Direct Final Rule; Request for Com- emption from Handling Regulation for Pro- istration transmitting, pursuant to law, the ments; Docket No. 2000–ASW–05 [2–17/2–17]’’ ducer Field-Packed Tomatoes’’ (Docket report of a rule entitled ‘‘12 CFR Parts 701; (RIN2120–AA66) (2000–0050), received February Number FV98–966–2 FIR), received February Statutory Lien’’, received February 22, 2000; 17, 2000; to the Committee on Commerce, 23, 2000; to the Committee on Agriculture, to the Committee on Banking, Housing, and Science, and Transportation. Nutrition, and Forestry. Urban Affairs. EC–7668. A communication from the Pro- EC–7679. A communication from the Direc- EC–7659. A communication from the Direc- gram Analyst, Federal Aviation Administra- tor, Office of Regulatory Management and tor, National Institute of Standards and tion, Department of Transportation, trans- Information, Office of Policy, Planning and Technology, Department of Commerce transmitting, pursuant to law, the report of a rule Evaluation, Environmental Protection Agen- mitting, pursuant to law, the report of do- entitled ‘‘Revision of Class E Airspace; cy, transmitting, pursuant to law, the report nated educationally useful Federal Equip- Bonham, TX; Direct Final Rule; Correction; of a rule entitled ‘‘Polyoxyethylated Sor- ment; to the Committee on Commerce, Docket No. 99–ASW–34 [2–17/2–17]’’ (RIN2120– bitol Fatty Acid Esters; Tolerance Exemp- Science, and Transportation. AA66) (2000–0051), received February 17, 2000; tion’’ (FRL # 6490–8), received February 23, EC–7660. A communication from the Pro- to the Committee on Commerce, Science, 2000; to the Committee on Agriculture, Nu- gram Analyst, Federal Aviation Administra- and Transportation. trition, and Forestry. tion, Department of Transportation, trans- EC–7669. A communication from the Pro- EC–7680. A communication from the Direc- mitting, pursuant to law, the report of a rule gram Analyst, Federal Aviation Administra- tor, Office of Regulatory Management and entitled ‘‘Establishment of Class E Airspace; tion, Department of Transportation, trans- Information, Office of Policy, Planning and Atmore, AL; Docket No. 99–ASO–29 (2–18/2– mitting, pursuant to law, the report of a rule Evaluation, Environmental Protection Agen- 17)’’ (RIN2120–AA66) (2000–0042), received Feb- entitled ‘‘Establishment of Class E Airspace; cy, transmitting, pursuant to law, the report ruary 17, 2000; to the Committee on Com- Russian Mission, AK; Docket No. 99–AAL–17 of a rule entitled ‘‘Ethoylated Propoxylated merce, Science, and Transportation. [2–16/2–17]’’ (RIN2120–AA66) (2000–0038), re- C12–C15 Alcohols: Tolerance Exemption EC–7661. A communication from the Pro- ceived February 17, 2000; to the Committee (OPPTS)’’ (FRL # 6491–3), received February gram Analyst, Federal Aviation Administra- on Commerce, Science, and Transportation. 23, 2000; to the Committee on Agriculture, tion, Department of Transportation, trans- EC–7670. A communication from the Pro- Nutrition, and Forestry. mitting, pursuant to law, the report of a rule gram Analyst, Federal Aviation Administra- EC–7681. A communication from the Direc- entitled ‘‘Revision of Class E Airspace; Lake tion, Department of Transportation, trans- tor, Office of Regulatory Management and Jackson , TX; Direct Final Rule; Confirma- mitting, pursuant to law, the report of a rule Information, Office of Policy, Planning and tion of Effective Date; [2–17/2–17]’’ (RIN2120– entitled ‘‘Modification of Class D Airspace; Evaluation, Environmental Protection Agen- AA66) (2000–0043), received February 17, 2000; Grand Forks AFB, ND; Docket No. 99–AGL– cy, transmitting, pursuant to law, the report

VerDate Mar 15 2010 23:31 Dec 04, 2013 Jkt 081600 PO 00000 Frm 00042 Fmt 4637 Sfmt 0634 E:\2000SENATE\S24FE0.REC S24FE0 mmaher on DSKCGSP4G1 with SOCIALSECURITY February 24, 2000 CONGRESSIONAL RECORD — SENATE S797 of a rule entitled ‘‘Dimethyl Silicone Poly- Committee on Commerce, Science, and tion, Department of Transportation, trans- mer with Silica; Silane, Dichloromethyl-, Transportation. mitting, pursuant to law, the report of a rule Reaction Product with Silica; EC–7690. A communication from the Spe- entitled ‘‘Airworthiness Directives; McDon- Hexamethyldisilizame, Reaction Product cial Assistant to Bureau Chief, Mass Media nell Douglas Model MD–11 and MD–11F Se- with Silica; Tolerance Exemptions (OPPTS)’’ Bureau, Federal Communications Commis- ries Airplanes; Docket No. 99–NM–173 [2–17/2– (FRL # 6490–9), received February 23, 2000; to sion, transmitting, pursuant to law, the re- 17]’’ (RIN 2120–AA64) (2000–0089), received the Committee on Agriculture, Nutrition, port of a rule entitled ‘‘Amendment of Sec- February 17, 2000; to the Committee on Com- and Forestry. tion 73.202(b), Table of Allotments, FM merce, Science, and Transportation. EC–7682. A communication from the Presi- Broadcast Stations, Silverton and Bayfield, EC–7700. A communication from the Pro- dent and Chairman, Export-Import Bank of CO’’ (MM Docket No. 99–76, RN–9400), re- gram Analyst, Federal Aviation Administra- the United States, transmitting, pursuant to ceived February 15, 2000; to the Committee tion, Department of Transportation, trans- law, a report relative to a transaction in- on Commerce, Science, and Transportation. mitting, pursuant to law, the report of a rule volving U.S. exports to Mexico; to the Com- EC–7691. A communication from the Spe- entitled ‘‘Airworthiness Directives; McDon- mittee on Banking, Housing, and Urban Af- cial Assistant to Bureau Chief, Mass Media nell Douglas Model MD–11 Series Airplanes; fairs. Bureau, Federal Communications Commis- Docket No. 99–NM–170 [2–17/2–17]’’ (RIN 2120– EC–7683. A communication from the Acting sion, transmitting, pursuant to law, the re- AA64) (2000–0091), received February 17, 2000; Director, Office of Sustainable Fisheries, Na- port of a rule entitled ‘‘Amendment of Sec- to the Committee on Commerce, Science, tional Marine Fisheries Service, Department tion 73.202(b), Table of Allotments, FM and Transportation. of Commerce, transmitting, pursuant to law, Broadcast Stations, Cedar Park and Killeen, EC–7701. A communication from the Pro- the report of a rule entitled ‘‘Fisheries of the TX’’ (MM Docket No. 98–176), received Feb- gram Analyst, Federal Aviation Administra- Exclusive Economic Zone Off Alaska; Trawl- ruary 15, 2000; to the Committee on Com- tion, Department of Transportation, trans- ing in Stellar Sea Lion Critical Habitat in merce, Science, and Transportation. mitting, pursuant to law, the report of a rule the Central Aleutian District of the Bering EC–7692. A communication from the Sec- entitled ‘‘Airworthiness Directives; McDon- Sea and Aleutian Islands’’, received Feb- retary, Federal Trade Commission, transmit- nell Douglas Model MD–11 Series Airplanes; ruary 17, 2000; to the Committee on Com- ting, pursuant to law, the report of a rule en- Docket No. 99–NM–172 [2–17/2–17]’’ (RIN 2120– merce, Science, and Transportation. titled ‘‘Children’s Online Privacy Protection AA64) (2000–0090), received February 17, 2000; EC–7684. A communication from the Acting Rule; 16 CFR Part 312’’ (RIN3084–AA84), re- to the Committee on Commerce, Science, Director, Office of Sustainable Fisheries, Na- ceived February 18, 2000; to the Committee and Transportation. tional Marine Fisheries Service, Department on Commerce, Science, and Transportation. EC–7702. A communication from the Pro- of Commerce, transmitting, pursuant to law, EC–7693. A communication from the Spe- gram Analyst, Federal Aviation Administra- the report of a rule entitled ‘‘Fisheries of the cial Assistant to Bureau Chief, Mass Media tion, Department of Transportation, trans- Exclusive Economic Zone Off Alaska; Pol- Bureau, Federal Communications Commis- mitting, pursuant to law, the report of a rule sion, transmitting, pursuant to law, the re- lock by Vessels Not Participating in Co- entitled ‘‘Airworthiness Directives; McDon- port of a rule entitled ‘‘Amendment of Sec- operatives that are Catching Pollock for nell Douglas Model MD–11 Series Airplanes; tion 73.202(b), Table of Allotments, FM Processing by the Inshore Component in the Docket No. 99–NM–168 [2–17/2–17]’’ (RIN 2120– Broadcast Stations, Walton and Livingston, Bering Sea Subarea of the Bering Sea and AA64) (2000–0093), received February 17, 2000; NY’’ (MM Docket No. 99–10, RN–9688), re- Aleutian Islands’’, received February 17, 2000; to the Committee on Commerce, Science, ceived February 15, 2000; to the Committee to the Committee on Commerce, Science, and Transportation. on Commerce, Science, and Transportation. EC–7703. A communication from the Pro- and Transportation. EC–7694. A communication from the Spe- EC–7685. A communication from the Acting gram Analyst, Federal Aviation Administra- cial Assistant to Bureau Chief, Mass Media tion, Department of Transportation, trans- Director, Office of Sustainable Fisheries, Na- Bureau, Federal Communications Commis- mitting, pursuant to law, the report of a rule tional Marine Fisheries Service, Department sion, transmitting, pursuant to law, the re- entitled ‘‘Airworthiness Directives; McDon- of Commerce, transmitting, pursuant to law, port of a rule entitled ‘‘Amendment of Sec- nell Douglas Model MD–11 Series Airplanes; the report of a rule entitled ‘‘Cloture of the tion 73.202(b), Table of Allotments, FM Docket No. 99–NM–169 [2–17/2–17]’’ (RIN 2120– Commercial Run-Around Gillnet Fishery for Broadcast Stations, Stanfield, OR’’ (MM AA64) (2000–0092), received February 17, 2000; King Mackerel in the Florida West Coast Docket No. 99–44, RM–9469), received Feb- to the Committee on Commerce, Science, Subzone’’, received February 17, 2000; to the ruary 15, 2000; to the Committee on Com- and Transportation. Committee on Commerce, Science, and merce, Science, and Transportation. EC–7704. A communication from the Pro- Transportation. EC–7695. A communication from the Chair- gram Analyst, Federal Aviation Administra- EC–7686. A communication from the Acting man of the Surface Transportation Board, tion, Department of Transportation, trans- Assistant Administrator, National Marine transmitting, pursuant to law, the report of mitting, pursuant to law, the report of a rule Fisheries Service, Department of Commerce, a rule entitled ‘‘Class Exemption for Motor entitled ‘‘Airworthiness Directives; McDon- transmitting, pursuant to law, the report of Passenger Intra-Corporate Family Trans- nell Douglas Model MD–90–30 Series Air- a rule entitled ‘‘Fisheries of the Exclusive actions’’ (STB Finance Docket No. 33685), re- planes; Docket No. 99–NM–210 [2–16/2–17]’’ Economic Zone Off Alaska; Bering Sea and ceived February 23, 2000; to the Committee (RIN 2120–AA64) (2000–0085), received Feb- Aleutian Islands; Final 2000 Harvest Speci- on Commerce, Science, and Transportation. ruary 17, 2000; to the Committee on Com- fications for Groundfish’’, received February EC–7696. A communication from the Legal merce, Science, and Transportation. 17, 2000; to the Committee on Commerce, Advisor, Cable Services Bureau, Federal EC–7705. A communication from the Pro- Science, and Transportation. Communications Commission transmitting, gram Analyst, Federal Aviation Administra- EC–7687. A communication from the Dep- pursuant to law, the report of a rule entitled tion, Department of Transportation, trans- uty Assistant Administrator, National Ma- ‘‘Implementation of the Cable Television mitting, pursuant to law, the report of a rule rine Fisheries Service, Department of Com- Consumer Protection Act of 1992’’ (CS Dock- entitled ‘‘Modification of Multiple Federal merce, transmitting, pursuant to law, the re- et No. 98–82, FCC 99–288 and MM Docket No. Airways in the Vicinity of Bellingham, WA; port of a rule entitled ‘‘Final Rule to Imple- 92–264, FCC 99–289), received February 23, Docket No. 99–ANM–13 [2–18/2–17]’’ (RIN 2120– ment the Approved Measures in Amendment 2000; to the Committee on Commerce, AA66) (2000–0039), received February 17, 2000; 16A to the Fishery Management Plan for the Science, and Transportation. to the Committee on Commerce, Science, Reef Fish Resources of the Gulf of Mexico’’ EC–7697. A communication from the Pro- and Transportation. (RIN0648–AK31), received February 17, 2000; gram Analyst, Federal Aviation Administra- EC–7706. A communication from the Pro- to the Committee on Commerce, Science, tion, Department of Transportation, trans- gram Analyst, Federal Aviation Administra- and Transportation. mitting, pursuant to law, the report of a rule tion, Department of Transportation, trans- EC–7688. A communication from the Acting entitled ‘‘Airworthiness Directives; McDon- mitting, pursuant to law, the report of a rule Assistant Administrator for Fisheries, Na- nell Douglas Model MD–11 Series Airplanes; entitled ‘‘Airworthiness Directives; Rolls tional Marine Fisheries Service, Department Docket No. 99–NM–171 [2–17/2–17]’’ (RIN2120– Royce plc RB211–524H–36 Series Turbofan En- of Commerce, transmitting, pursuant to law, AA64) (2000–0094), received February 17, 2000; gines; Request for Comments; Docket No. the report of a rule entitled ‘‘Final 2000 Har- to the Committee on Commerce, Science, 2000–NE–01 [2–16/2–17]’’ (RIN 2120–AA64) (2000– vest Specifications for the Gulf of Alaska and Transportation. 0083), received February 17, 2000; to the Com- Groundfish Fisheries’’, received February 17, EC–7698. A communication from the Pro- mittee on Commerce, Science, and Transpor- 2000; to the Committee on Commerce, gram Analyst, Federal Aviation Administra- tation. Science, and Transportation. tion, Department of Transportation, trans- EC–7707. A communication from the Pro- EC–7689. A communication from the Spe- mitting, pursuant to law, the report of a rule gram Analyst, Federal Aviation Administra- cial Assistant to Bureau Chief, Mass Media entitled ‘‘Airworthiness Directives; McDon- tion, Department of Transportation, trans- Bureau, Federal Communications Commis- nell Douglas Model MD–11 Series Airplanes; mitting, pursuant to law, the report of a rule sion, transmitting, pursuant to law, the re- Docket No. 99–NM–174 [2–17/2–17]’’ (RIN 2120– entitled ‘‘Airworthiness Directives; General port of a rule entitled ‘‘Amendment of Sec- AA64) (2000–0088), received February 17, 2000; Electric Aircraft Engines CF34 Series Tur- tion 73.202(b), Table of Allotments, FM to the Committee on Commerce, Science, bofan Engines; Docket No. 98–ANE–19 [2–17/2– Broadcast Stations, Mitchell, NE, Lovelock and Transportation. 17]’’ (RIN 2120–AA64) (2000–0097), received and Elko, NV’’ (MM Docket No. 99–164, 99– EC–7699. A communication from the Pro- February 17, 2000; to the Committee on Com- 165, 99–166), received February 23, 2000; to the gram Analyst, Federal Aviation Administra- merce, Science, and Transportation.

VerDate Mar 15 2010 23:31 Dec 04, 2013 Jkt 081600 PO 00000 Frm 00043 Fmt 4637 Sfmt 0634 E:\2000SENATE\S24FE0.REC S24FE0 mmaher on DSKCGSP4G1 with SOCIALSECURITY S798 CONGRESSIONAL RECORD — SENATE February 24, 2000 EC–7708. A communication from the Pro- Brig. Gen. Joseph G. Lynch, 0000 To be vice admiral gram Analyst, Federal Aviation Administra- Brig. Gen. Jeffrey M. Musfeldt, 0000 Rear Adm. Gordon S. Holder, 0000 tion, Department of Transportation, trans- Brig. Gen. Robert B. Siegfried, 0000 (The above nominations were re- mitting, pursuant to law, the report of a rule To be brigadier general entitled ‘‘Airworthiness Directives; Industrie ported with the recommendation that Aeronautiche e Meccaniche Model Piaggio Col. Gerald A. Black, 0000 they be confirmed.) P–180 Airplanes; Docket No. 99–CE–34 [2–16/2– Col. Richard B. Ford, 0000 Mr. WARNER. Mr. President, for the 17]’’ (RIN 2120–AA64) (2000–0086), received Col. Jack C. Ihle, 0000 Committee on Armed Services, I report Col. Keith W. Meurlin, 0000 February 17, 2000; to the Committee on Com- favorably nomination lists which were merce, Science, and Transportation. Col. Betty L. Mullis, 0000 Col. Scott R. Nichols, 0000 printed in the RECORDs of the dates in- EC–7709. A communication from the Pro- Col. David A. Robinson, 0000 dicated, and ask unanimous consent, to gram Analyst, Federal Aviation Administra- Col. Richard D. Roth, 0000 tion, Department of Transportation, trans- save the expense of reprinting on the Col. Randolph C. Ryder, Jr., 0000 mitting, pursuant to law, the report of a rule Executive Calendar, that these nomi- Col. Joseph L. Shaefer, 0000 entitled ‘‘Airworthiness Directives; nations lie at the Secretary’s desk for Col. Charles E. Stenner, Jr., 0000 Partenavia Costruzioni Aeronauticas S.p.A. the information of Senators. Col. Thomas D. Taverney, 0000 Models AR68TP 300 Spartacus and AP68TP Col. James T. Turlington, 0000 The PRESIDING OFFICER. Without 600 Viator Airplanes; Docket No. 99–CE–37 [2– objection, it is so ordered. 16/2–17]’’ (RIN 2120–AA64) (2000–0084), received The following named officer for appointment in the United States Air Force to the Air Force nominations beginning Joseph February 17, 2000; to the Committee on Com- G. Baillargeon, Jr., and ending David L. merce, Science, and Transportation. grade indicated under title 10, U.S.C., section 624: Phillips, Jr., which nominations were re- EC–7710. A communication from the Pro- To be brigadier general ceived by the Senate and appeared in the gram Analyst, Federal Aviation Administra- Congressional Record on November 16, 1999. Col. Curtis M. Bedke, 0000 tion, Department of Transportation, trans- Air Force nomination of Mark K. Wells, mitting, pursuant to law, the report of a rule The following named officers for appoint- which was received by the Senate and ap- entitled ‘‘Airworthiness Directives; Fair- ment in the United States Air Force to the peared in the Congressional Record of Feb- child Aircraft, Inc. SA226 and SA227 Series grade indicated under title 10, U.S.C., section ruary 1, 2000. Airplanes; Docket No. 99–CE–59 [2–17/2–17]’’ 624: Air Force nominations beginning William (RIN 2120–AA64) (2000–0095), received Feb- To be brigadier general P. Abraham and ending Kenneth C. Y. Yu, ruary 17, 2000; to the Committee on Com- Col. David E. Clary, 0000 which nominations were received by the Sen- merce, Science, and Transportation. Col. Michael A. Collings, 0000 ate and appeared in the Congressional EC–7711. A communication from the Pro- Col. Scott S. Custer, 0000 Record on February 1, 2000. gram Analyst, Federal Aviation Administra- Col. Daniel J. Darnell, 0000 Air Force nominations beginning Laraine tion, Department of Transportation, trans- Col. Duane W. Deal, 0000 L. Acosta and ending Roger A. Wujek, which mitting, pursuant to law, the report of a rule Col. Vern M. Findley II, 0000 nominations were received by the Senate and entitled ‘‘Airworthiness Directives; Col. Douglas M. Fraser, 0000 appeared in the Congressional Record on Eurocopter France Model SE 3130, SA 3180, Col. Dan R. Goodrich, 0000 February 2, 2000. SE 313B, SA 318B, and SA 318C Helicopters; Col. Gilbert R. Hawk, 0000 Air Force nominations beginning Synya K. Docket No. 98–SW–65 [2–15/2–17]’’ (RIN 2120– Col. Raymond E. Johns Jr., 0000 Balanon and ending Edward K. Yi, which AA64) (2000–0082), received February 17, 2000; Col. Timothy C. Jones, 0000 nominations were received by the Senate and to the Committee on Commerce, Science, Col. Perry L. Lamy, 0000 appeared in the Congressional Record on and Transportation. Col. Edward L. Mahan Jr., 0000 February 2, 2000. EC–7712. A communication from the Pro- Col. Roosevelt Mercer Jr., 0000 Air Force nominations beginning Charles gram Analyst, Federal Aviation Administra- Col. Gary L. North, 0000 G. Beleny and ending Kristen A. Fultsganey, tion, Department of Transportation, trans- Col. John G. Pavlovich, 0000 which nominations were received by the Sen- mitting, pursuant to law, the report of a rule Col. Allen G. Peck, 0000 ate and appeared in the Congressional entitled ‘‘Airworthiness Directives; MD Heli- Col. Michael W. Peterson, 0000 Record on February 7, 2000. copters, Inc. Model 500N and 600N Heli- Col. Teresa M. Peterson, 0000 Army nominations beginning Richard T. copters; Request for Comments; Docket No. Col. Gregory H. Power, 0000 Brittingham and ending William D. Stewart, 99–SW–71 [2–15/2–17]’’ (RIN 2120–AA64) (2000– Col. Anthony F. Przybyslawski, 0000 Jr., which nominations were received by the 0081), received February 17, 2000; to the Com- Col. Ronald T. Rand, 0000 Senate and appeared in the Congressional mittee on Commerce, Science, and Transpor- Col. Steven J. Redmann, 0000 Record on November 16, 1999. tation. Col. Loren M. Reno, 0000 Army nominations beginning Stephen C. EC–7713. A communication from the Pro- Col. Jeffrey R. Riemer, 0000 Alsobrook and ending Henry E. Zeranski, gram Analyst, Federal Aviation Administra- Col. Jack L. Rives, 0000 Jr., which nominations were received by the tion, Department of Transportation, trans- Col. Marc E. Rogers, 0000 Senate and appeared in the Congressional mitting, pursuant to law, the report of a rule Col. Arthur J. Rooney Jr., 0000 Record on November 16, 1999. entitled ‘‘Airworthiness Directives; Bell Hel- Col. Stephen T. Sargeant, 0000 Army nomination of Andre H. Sayles, icopter Textron Canada Model 407 Heli- Col. Darryl A. Scott, 0000 which was received by the Senate and ap- copters; Request for Comments; Docket No. Col. James M. Shamess, 0000 peared in the Congressional Record of Feb- 99–SW–79 [2–17/2–17]’’ (RIN 2120–AA64) (2000– Col. William L. Shelton, 0000 ruary 1, 2000. 0087), received February 17, 2000; to the Com- Col. John T. Sheridan, 0000 Army nominations beginning Thomas E. mittee on Commerce, Science, and Transpor- Col. Toreaser A. Steele, 0000 Ayres and ending Joel E. Wilson, which tation. Col. James W. Swanson, 0000 nominations were received by the Senate and f Col. George P. Taylor, Jr., 0000 appeared in the Congressional Record on Col. Gregory L. Trebon, 0000 February 2, 2000. EXECUTIVE REPORTS OF Col. Loyd S. Utterback, 0000 Army nominations beginning Wayne E. COMMITTEE Col. Frederick D. VanValkenburg Jr., 0000 Caughman and ending Calvin B. Wimbish, The following executive reports of Col. Dale C. Waters, 0000 which nominations were received by the Sen- Col. Simon P. Worden, 0000 committee were submitted: ate and appeared in the Congressional The following named officer for appoint- Record on February 7, 2000. By Mr. WARNER for the Committee on ment in the United States Army to the grade Army nomination of Jeffrey S. MacIntire, Armed Services. indicated under title 10, U.S.C., section 624: which was received by the Senate and ap- The following Air National Guard of the To be brigadier general peared in the Congressional Record on Feb- United States officer for appointment in the Col. Bruce H. Barlow, 0000 ruary 9, 2000. Reserve of the Air Force to the grade indi- Army nominations beginning John J. cated under title 10, U.S.C., section 12203: The following named officers for appoint- Fitch and ending *Timothy L. Watkins, ment in the United States Army to the grade To be brigadier general which nominations were received by the Sen- indicated under title 10, U.S.C., section 624: Col. William N. Searcy, 0000 ate and appeared in the Congressional To be major general, medical corps Record on February 9, 2000. The following named officers for appoint- Brig. Gen. Kevin C. Kiley, 0000 Navy nominations beginning Terry C. ment in the Reserve of the Air Force to the Birg. Gen. Darrel R. Porr, 0000 Pierce and ending Frank G. Riner, which grade indicated under title 10, U.S.C., section nominations were received by the Senate and 12203: The following named officer for appointment in the United States Navy to the grade appeared in the Congressional Record on No- To be major general indicated while assigned to a position of im- vember 16, 1999. Brig. Gen. Ralph S. Clem, 0000 portance and responsibility under title 10, Navy nominations beginning Brad Harris Brig. Gen. John M. Danahy, 0000 U.S.C., section 601: Douglas and ending Marc A. Stern, which

VerDate Mar 15 2010 23:31 Dec 04, 2013 Jkt 081600 PO 00000 Frm 00044 Fmt 4637 Sfmt 0634 E:\2000SENATE\S24FE0.REC S24FE0 mmaher on DSKCGSP4G1 with SOCIALSECURITY February 24, 2000 CONGRESSIONAL RECORD — SENATE S799 nominations were received by the Senate and with computers, and for other purposes; to thorized destruction, modification, or alter- appeared in the Congressional Record on No- the Committee on the Judiciary. ation of product identification codes used in vember 16, 1999. By Mr. DOMENICI (for himself, Mr. consumer product recalls, for law enforce- Navy nominations beginning Dean J. Gior- BINGAMAN, Mr. BAUCUS, and Mr. ment, and for other purposes; to the Com- dano and ending William K. Nesmith, which DASCHLE): mittee on the Judiciary. nominations were received by the Senate and S. 2093. A bill to amend the Transportation By Mr. ASHCROFT: appeared in the Congressional Record on Equity Act for the 21st Century to ensure S. 2106. A bill to increase internationally February 7, 2000. that full obligation authority is provided for the exchange and availability of information Navy nominations beginning David R. Alli- the Indian reservation roads program; to the regarding biotechnology and to coordinate a son and ending Steve R. Wilkinson, which Committee on Environment and Public federal strategy in order to advance the ben- nominations were received by the Senate and Works. efits of biotechnology, particularly in agri- appeared in the Congressional Record on By Mr. KENNEDY: culture; to the Committee on Foreign Rela- February 7, 2000. S. 2094. A bill to amend the Energy Policy tions. Navy nominations beginning Raquel C. and Conservation Act to ensure that petro- f Bono and ending Mil A. Yi, which nomina- leum importers, refiners, and wholesalers actions were received by the Senate and ap- cumulate minimally adequate supplies of SUBMISSION OF CONCURRENT AND peared in the Congressional Record on Feb- home heating oil to meet reasonably foresee- SENATE RESOLUTIONS ruary 8, 2000. able needs in the northeastern States; to the The following concurrent resolutions Navy nomination of Rabon E. Cooke, Committee on Energy and Natural Re- and Senate resolutions were read, and sources. which was received by the Senate and ap- referred (or acted upon), as indicated: peared in the Congressional Record of Feb- By Mrs. FEINSTEIN: ruary 9, 2000. S. 2095. A bill to provide for the safety of By Mr. HELMS (for himself and Mr. Navy nomination of Amy J. Potts, which migrant seasonal agricultural workers; to SMITH OF OREGON): was received by the Senate and appeared in the Committee on Health, Education, Labor, S. Res. 259. A resolution urging the decom- the Congressional Record of February 9, 2000. and Pensions. missioning of arms and explosives in North- Marine Corps nomination of Joseph B. By Mr. BAYH: ern Ireland; to the Committee on Foreign Davis, Jr., which was received by the Senate S. 2096. A bill to amend the Internal Rev- Relations. and appeared in the Congressional Record of enue Code of 1986 to provide an income tax By Mr. BOND (for himself, Mr. HOL- November 16, 1999. credit to long-term caregivers; to the Com- LINGS, Mr. COCHRAN, Mr. DASCHLE, Marine Corps nominations beginning Mi- mittee on Finance. Mr. HATCH, Mr. KENNEDY, Mr. HUTCH- chael C. Albo and ending Richard W. Yoder, By Mr. BURNS (for himself, Mr. INSON, Mr. BREAUX, Mr. DEWINE, Mrs. which nominations were received by the Sen- GRAMM, Mr. LOTT, Mr. STEVENS, Mr. LINCOLN, Mrs. MURRAY, and Mr. ate and appeared in the Congressional CRAPO, Mr. HUTCHINSON, Mr. ALLARD, INOUYE): Record on February 2, 2000. Mr. BUNNING, Ms. SNOWE, Ms. COL- S. Res. 260. A resolution to express the Marine Corps nominations beginning LINS, and Mr. GRASSLEY): sense of the Senate that the Federal invest- Christopher F. Ajinga and ending Joan P. S. 2097. A bill to authorize loan guarantees ment in programs that provide health care Zimmerman, which nominations were re- in order to facilitate access to local tele- services to uninsured and low-income indi- ceived by the Senate and appeared in the vision broadcast signals in unserved and un- viduals in medically under served areas be Congressional Record on February 9, 2000. derserved areas, and for other purposes; to increased in order to double access to care Marine Corps nominations beginning Joe the Committee on Banking, Housing, and over the next 5 years; to the Committee on H. Adkins, Jr., and ending Christopher M. Urban Affairs. Appropriations. Zuchristian, which nominations were re- By Mr. MURKOWSKI (for himself and By Mr. HELMS (for himself, Mr. BIDEN, ceived by the Senate and appeared in the Ms. LANDRIEU): Mr. ROTH, Mr. LOTT, and Mr. DODD): S. Res. 261. A resolution expressing the Congressional Record on February 9, 2000. S. 2098. A bill to facilitate the transition to more competitive and efficient electric sense of the Senate regarding the detention f power markets, and to ensure electric reli- of Andrei Babitsky by the Government of the INTRODUCTION OF BILLS AND ability; to the Committee on Energy and Russian Federation and freedom of the press in Russia; considered and agreed to. JOINT RESOLUTIONS Natural Resources. By Mr. REED: By Mr. WELLSTONE: The following bills and joint resolu- S. 2099. A bill to amend the Internal Rev- S. Res. 262. A resolution entitled the tions were introduced, read the first enue Code of 1986 to require the registration ‘‘Peaceful Resolution of the Conflict in ″ time and second time by unanimous of handguns, and for other purposes; to the Chechnya ; considered and agreed to. By Mr. DODD: consent, and referred as indicated: Committee on Finance. By Mr. EDWARDS (for himself, Mr. S. Con. Res. 82. A concurrent resolution By Mr. SPECTER (for himself, Mr. LAUTENBERG, and Mr. TORRICELLI): condemning the assassination of Fernando TORRICELLI, Mr. THURMOND, Mr. S. 2100. A bill to provide for fire sprinkler Buesa and Jorge Diez Elorza, Spanish na- BIDEN, Mr. GRASSLEY, Mr. FEINGOLD, systems in public and private college and tionals, by the Basque separatist group, Mr. HELMS, Mr. SCHUMER, and Mr. university housing and dormitories, includ- ETA, and expressing the sense of the Con- SESSIONS): ing fraternity and sorority housing and dor- gress that violent actions by ETA cease; to S. 2089. A bill to amend the Foreign Intel- mitories; to the Committee on Health , Edu- the Committee on Foreign Relations. ligence Surveillance Act of 1978 to modify cation, Labor, and Pensions. By Mr. BROWNBACK (for himself and procedures relating to orders for surveillance By Mr. MACK (for himself and Mr. Mr. WELLSTONE): and searches for foreign intelligence pur- BENNETT): S. Con. Res. 83. A concurrent resolution poses, and for other purposes; to the Com- S. 2101. A bill to promote international commending the people of Iran for their mittee on the Judiciary. monetary stability and to share seigniorage commitment to the democratic process and By Mr. CAMPBELL (for himself, Mr. with officially dollarized countries; to the positive political reform on the occasion of LOTT, Mr. DASCHLE, Mr. CRAIG, Mr. Committee on Banking, Housing, and Urban Iran’s parliamentary elections; considered BUNNING, Ms. SNOWE, Mr. CONRAD, Affairs. and agreed to. Ms. LANDRIEU, Mr. KERREY, and Mr. By Mr. INOUYE (for himself, Mrs. By Mr. WARNER (for himself and Mr. GREGG): FEINSTEIN, and Mrs. BOXER): INOUYE): S. 2090. A bill to amend the Internal Rev- S. 2102. A bill to provide to the Timbisha S. Con. Res. 84. A concurrent resolution ex- enue Code of 1986 to impose a 1 year morato- Shoshone Tribe a permanent land base with- pressing the sense of Congress regarding the rium on certain diesel fuel excise taxes; to in its aboriginal homeland, and for other naming of aircraft carrier CVN-77, the last the Committee on Finance. purposes; to the Committee on Indian Af- vessel of the historic ‘‘NIMITZ’’ class of air- By Mrs. FEINSTEIN: fairs. craft carriers, as the U.S.S. Lexington; to S. 2091. A bill to amend the Act that au- By Mr. GRAMM (for himself and Mrs. the Committee on Armed Services. thorized construction of the San Luis Unit of HUTCHISON): f the Central Valley Project, California, to fa- S. 2103. A bill to amend the Internal Rev- cilitate water transfers in the Central Valley enue Code of 1986 to provide equitable treat- STATEMENTS ON INTRODUCED Project; to the Committee on Energy and ment for associations which prepare for or BILLS AND JOINT RESOLUTION Natural Resources. mitigate the effects of natural disasters; to By Mr. SPECTER (for himself, By Mr. SCHUMER (for himself and Mr. the Committee on Finance. Mr. TORRICELLI, Mr. THURMOND, KYL): S. 2104. A bill to amend the Tax Reform Mr. BIDEN, Mr. GRASSLEY, Mr. S. 2092. A bill to amend title 18, United Act of 1984; to the Committee on Finance. States Code, to modify authorities relating By Mr. HATCH (for himself and Mr. FEINGOLD, Mr. HELMS, Mr. to the use of pen registers and trap and trace LEAHY): SCHUMER, and Mr. SESSIONS): devices, to modify provisions relating to S. 2105. A bill to amend chapter 65 of title S. 2089. A bill to amend the Foreign fraud and related activities in connection 18, United States Code, to prohibit the unau- Intelligence Surveillance Act of 1978 to

VerDate Mar 15 2010 23:31 Dec 04, 2013 Jkt 081600 PO 00000 Frm 00045 Fmt 4637 Sfmt 0634 E:\2000SENATE\S24FE0.REC S24FE0 mmaher on DSKCGSP4G1 with SOCIALSECURITY S800 CONGRESSIONAL RECORD — SENATE February 24, 2000 modify procedures relating to orders up on the matter, leaving this very im- that to that agency. The agency, such for surveillance and searches for for- portant request rejected. as the Department of Energy, must eign intelligence purposes, and for The proposed legislation would re- then formulate a plan within 30 days to other purposes; to the Committee on quire that when the Director of the structure how that suspect will be left the Judiciary. FBI makes a request for a FISA war- in place while minimizing the exposure THE COUNTERINTELLIGENCE REFORM ACT OF 2000 rant that the Attorney General person- of classified information to that per- Mr. SPECTER. Mr. President, I have ally must make the decision as to son. sought recognition to introduce legis- whether the FISA warrant request One of the reasons given by the De- lation which would correct procedures should be submitted to the court for partment of Justice in declining to go under the Foreign Intelligence Surveil- action. The legislation further provides forward with the FISA application was lance Act. I offer this bill on behalf of that when the Attorney General de- that Dr. Lee was not ‘‘currently en- Senator TORRICELLI, Senator THUR- clines to submit the FISA application gaged’’ in objectionable activities—to MOND, Senator BIDEN, Senator GRASS- to the court, the rejection must be in use mild words. This bill changes that LEY, Senator FEINGOLD, Senator writing. This would give the FBI Direc- requirement to probable cause on the HELMS, Senator SCHUMER, and Senator tor a roadmap, so to speak, as to what totality of the circumstances. SESSIONS. additional information is necessary to That is a brief summary of what this This is legislation which is designed have the warrant request submitted to legislation would do. It is the view of to correct a very pressing problem. the court. the sponsors of this bill that it is very This bill refines the Foreign Intel- After the Department of Justice de- important for it to move forward so ligence Surveillance Act to enable the clined to submit the FISA warrant to that on pending espionage investiga- appropriate investigations of espionage the court, the FBI investigation of the tions we do not have the lapses that oc- to avoid the very serious mistakes case was inactive for some 16 months. curred in this very important case. which were made during the investiga- It took from August of 1997 to Decem- I am pleased to note that all the tion of Dr. Wen Ho Lee. The references ber of 1997 for the FBI Headquarters to members of the Judiciary Sub- to Dr. Lee’s investigation are made send a letter regarding the FISA re- committee have joined in cosponsoring only for the purpose of illustrating the quest to the FBI Albuquerque Field Of- this legislation. I thank my colleague, procedural problems which this legisla- fice, where it lay dormant until No- Senator TORRICELLI, for his cooperation is designed to correct. The deter- vember of 1998. From the time the tion. Senator THURMOND, Senator mination as to whether or not Mr. Wen FISA application was not forwarded to GRASSLEY, and Senator SESSIONS have Ho Lee is guilty will remain for the the court to the time the FBI office in all cosponsored among the Republican court of competent jurisdiction where Albuquerque finally acted, some 16 members, as have Senators FEINGOLD he has been indicted. months elapsed. These 16 months were and SCHUMER, in addition to Senator There was information released into very crucial with respect to the activi- TORRICELLI. Senator BIDEN was con- the public domain at Mr. Lee’s bail ties of Dr. Lee. sulted specially and is a cosponsor be- hearing which underscores the tremen- This legislation further provides that cause he was the author of the Foreign dous importance of this particular when the Attorney General rejects a Intelligence Surveillance Act back in case. Dr. Stephen Younger, assistant FISA application in writing, the Direc- 1978. Senator HELMS has asked to be laboratory director for nuclear weap- tor of the FBI has the obligation to added as a cosponsor, which he has. ons at Los Alamos, testified at Dr. personally supervise the matter. The subcommittee has had some sub- Lee’s bail hearing on December 13, 1999, The Department of Energy then initi- stantial difficulty in ‘‘birth’’ pains; it and said: ated a polygraph of Dr. Lee, in a very has not really been born, to the extent unusual way, that has since been criti- that the subcommittee has not been These codes and their associated databases and the input file, combined with someone cized by the President’s Foreign Intel- funded. We have worked really from that knew how to use them, could, in my ligence Advisory Board. The Depart- our own personal staffs. We have had opinion, in the wrong hands, change the ment of Energy represented that Dr. three fellows and one detailee. We have global strategic balance. Lee passed the polygraph when, in fact, completed a very lengthy detailed re- It is hard to have any item of greater he had not. The Secretary of Energy port, some 65 pages, which is the prod- importance than changing the global even made an announcement on na- uct of extraordinary work by Mr. strategic balance. tional television to the effect that Dr. Doman McArthur of my staff, in col- Dr. Younger further testified: Lee had passed the polygraph when, in laboration with Senator TORRICELLI’s They enable the possessor to design the fact, he had not. That threw the FBI staff and the staffs of others. We have only objects that could result in the military off course, thinking that a passed poly- gone through the 65-page report with a defeat of America’s conventional forces. . . graph exonerated the suspect. This leg- fine-tooth comb to be sure that it is They represent the gravest possible security islation provides that an agency such precise, exact, and does not make any risk to . . . the supreme national interest. as the Department of Energy may not disclosures as to any classified infor- Again, it is hard to find more forceful take action on a polygraph, that these mation. language as to the seriousness of this matters are to be left to the FBI, which The subcommittee has deferred hold- particular matter than the potential has the paramount authority to inves- ing hearings on the Wen Ho Lee mat- military defeat of America’s conven- tigate these matters. ter, which had been scheduled for De- tional forces. The FBI then conducted another cember, at the specific request of Di- During the course of this investiga- polygraph, but not until February 10, rector Freeh. Director Freeh met with tion, there were very serious time 1999, some 6 weeks after the polygraph TORRICELLI and myself and requested lapses while the FBI sought to get a he allegedly passed. Even though Dr. that the hearings on Dr. Lee not go for- warrant on Dr. Lee under the Foreign Lee failed this second polygraph, no ac- ward substantively, which might cause Intelligence Surveillance Act. tion was taken to terminate Dr. Lee some problem with the pending pros- The FBI made the FISA request in until March 8. In the interim, he de- ecution. We do have hearings scheduled June of 1997. It was refused by the De- leted many of the files that are in on the legislation for March 7, 8 and 21. partment of Justice on August 12, 1997, issue. These deletions took place on I have already informed FBI Director and then FBI Director Freeh sent FBI January 20, February 9, 11, 12, and 17, Freeh of our intentions to proceed with Assistant Director John Lewis to talk all to the potential prejudice of the those hearings, which will be on the personally to Attorney General Reno. United States. Dr. Lee did not have a substance as to how the act should be Attorney General Reno then appointed search warrant executed until April 9, reformed. We have given notice to Di- a Department of Justice subordinate which is a very long lapse before any rector Freeh that we would appreciate named Daniel Seikaly, who reviewed official action had been taken. his presence as a witness. He has said the matter and rejected it. Attorney The legislation further provides that he would be glad to attend. General Reno, as she conceded in testi- when a suspect is left in place for the That is a very brief statement of a mony presented to the Judiciary Com- purpose of the investigation, the FBI very complex matter. It is my hope we mittee on June 8, 1999, did not follow must make this request in writing and will have the final clearance from the

VerDate Mar 15 2010 23:31 Dec 04, 2013 Jkt 081600 PO 00000 Frm 00046 Fmt 4637 Sfmt 0634 E:\2000SENATE\S24FE0.REC S24FE0 mmaher on DSKCGSP4G1 with SOCIALSECURITY February 24, 2000 CONGRESSIONAL RECORD — SENATE S801 Department of Justice to be able to file Department of Justice, the FBI, and we are now introducing, Senator SPEC- the full 65-page report which will elabo- the Department of Energy in dealing TER and I have written amendments to rate upon the brief summary which I with this matter, and only through the Foreign Intelligence Surveillance have presented. that lack of coordination was an alle- Act to provide that upon the personal I am delighted to yield to my very gation of possible espionage able to request of the Director of the FBI, the distinguished colleague from New Jer- lead to 17 years of continued access and Attorney General must personally re- sey, Senator TORRICELLI, the ranking the possibility that this information view the FISA requests—no subordi- member of the subcommittee. was compromised. nate, no uninformed associate. This is The PRESIDING OFFICER. The Sen- As early as 1982, the FBI was aware a matter of national security. The At- ator from New Jersey is recognized. that Dr. Lee was engaged in suspicious torney General has no greater responsi- Mr. TORRICELLI. Mr. President, I activities. Yet both at that time and in bility than protecting the secrets of thank Senator SPECTER for yielding the years that followed there was no the U.S. Government. This matter be- time to me. I also thank him for his action taken to limit access to classi- longs on the Attorney General’s desk, perseverance and diligence in working fied material. The Department of En- and under this legislation that is where on this issue over the course of the last ergy detected Dr. Lee transferring an it will rest. several months. inordinate number of systems from a There are those who may argue that I also express particular thanks to secured system to an unsecured system making the Attorney General directly Senator BIDEN who in reviewing this in 1993 and 1994. Personnel responsible responsible will somehow provide an legislation made very important addi- for reporting that information failed to avalanche of work, that they will not tions and allowed us to proceed on a bi- do so. be able to deal with all of these mat- partisan basis for what I think is an In 1997, the FBI had an opportunity ters. Appropriately, the legislation has important and worthwhile change in to stop Dr. Lee, but they were stymied been designed so this provision is trig- the laws dealing with foreign intel- by the denial of the Department of Jus- gered only by the personal request ligence surveillance. tice of a request submitted by the FBI from the Director of the FBI—no sub- The origins of this legislation—part for a warrant to further investigate Dr. ordinate, no associate, no one else in of the Judiciary Committee’s over- Lee. It is this failure that brings us the Government. So the number of sight—is the question of how the De- here today. cases will be extremely limited. But partment of Justice handled allega- The evidence supporting a FISA re- when asked by the Director of the FBI, tions of Chinese espionage at our most quest for their warrant was over- one person, and one person in this Gov- important National Laboratories. whelming. It had been building for ernment alone, will have direct respon- The focus of this review, of course, years. No single piece of evidence may sibility. had to do with the case of Dr. Wen Ho have been sufficient to warrant a Second, the legislation requires that Lee, a scientist who was charged in De- criminal case, but they were more than if the Attorney General decides not to forward a FISA application to the cember with 59 counts of illegally re- sufficient to raise a proper level of sus- court, that decision must be commu- moving secrets from computer infor- picion to support the issuing of a war- nicated in writing to the FBI Director mation at the Los Alamos Laboratory. rant. It appears that Dr. Lee was the subject Now we know that the request for along with specific recommendations of interest or investigations for espio- this warrant, a FISA application, was as to what investigative steps should nage for over 17 years. He was dealing never even considered by the Attorney be undertaken to meet the probable cause requirements. Matters of na- with the most important weapons se- General of the United States. When the tional security on this level cannot fall crets possessed by his government crit- Director of the Federal Bureau of In- in departmental cracks—not get lost ical to the security of the United vestigation, Mr. Freeh, sent a personal somewhere between Justice and the States. representative to meet with the Attor- FBI. This will ensure that in those It would be difficult for anyone in ney General to express his concern cases when the Attorney General has this Government to explain to the about the warrant application, which personally rejected this request the American people why, despite 17 years he was right and proper to do, the At- reasons will be stated, the FBI will be of investigation and some reasons for torney General delegated the matter to told why and then given a chance to re- considerable doubt all during this time, a subordinate who was unfamiliar with turn having met the appropriate prob- he was permitted to continue with his the matter and who had never proc- able cause standard. job and retain access to highly classi- essed a similar request—no experience, Third, the legislation requires that fied information. no knowledge, no involvement—and the FBI Director must personally su- Much is still to be learned about this the final disposition of the matter, pervise the implementation of the At- case. A criminal case is proceeding and therefore, was predictable. The request torney General’s recommendations to an investigation. That is for, in some was denied. The warrant was not ensure once again that in the highest instances, others to deal with. That issued, and an opportunity potentially levels of the U.S. Government these does not mean we do not already know to either apprehend someone commit- unusual but critical cases of national some things that can change the con- ting a criminal act or to have pre- security dealing with foreign espionage duct in this Government and the laws vented further damage, if any occurred, are dealt with not by subordinates, but under which we govern ourselves. We was lost. that this Congress can hold people for have learned through this investiga- Unfortunately, this problem was which it has responsibility, oversight, tion that this was all made possible by compounded in that when the FBI was and votes to confirm—such as the At- a series of procedural and investigative denied this warrant, in my judgment, torney General and the FBI Director— errors that gave Dr. Lee this oppor- the matter should have been appealed directly accountable. tunity to download this highly classi- but it was allowed to languish, and I believe these are appropriate re- fied material to an unsecured com- then further hampered by the Depart- sponses to what we have learned to puter. ment of Energy which conducted a date out of this investigation. But I In truth, we do not yet know whether polygraph of Dr. Lee, and then, incred- conclude by saying both what this leg- or not, when this unguarded material ibly, unbelievably incorrectly con- islation is and what it is not. was in an unsecured computer, in fact cluded that he had passed the test. This legislation is not an attempt to it got to foreign agents or other inter- It is a series of compounded errors of lower the probable cause standard for ested parties other than people with procedure and judgment. It is difficult what is required for a warrant and a proper clearance in the U.S. Govern- for the Congress to legislate good judg- FISA application. Probable cause is a ment. We do not know. We may never ment for the proper execution of re- standard of law. It should be taken se- know. But we do know this after inter- sponsibilities. If we cannot do so, we riously. The rights of no citizen should viewing many witnesses and thousands can at least design the laws to provide be violated by an intrusive or curious of documents: There was a startling, for greater accountability. government. The standard remains. almost unbelievable failure of coordi- That is, indeed, what is being done by What is being changed here is ac- nation and communication between the my colleagues. Under the legislation countability, not a lessening of civil

VerDate Mar 15 2010 23:31 Dec 04, 2013 Jkt 081600 PO 00000 Frm 00047 Fmt 4637 Sfmt 0634 E:\2000SENATE\S24FE0.REC S24FE0 mmaher on DSKCGSP4G1 with SOCIALSECURITY S802 CONGRESSIONAL RECORD — SENATE February 24, 2000 liberties. We simply want to know that changes I suggested in his proposed leg- Again, in this Wen Ho Lee case, and the standard which has always existed islation. other cases that Senator SPECTER has of probable cause will be used, that One of the dilemmas that exists, in examined, there has been discussion of procedures will be followed, that people the debate about whether the Attorney the fact that sometimes these folks will be held accountable, not that the General and the Justice Department had been under investigation before. Government is any more or any less in- and/or the FBI were reading from the Would that not lend greater weight to trusive. The probable cause standard same page in the hymnal on how to in- the need for this FISA request to be remains the cornerstone of American vestigate the Wen Ho Lee case, is the granted? So we clear that up in this liberties to ensure that the Govern- issue of whether the FBI commu- legislation, rather than only allowing ment has reason and merit as a matter nicated enough information to the At- the target’s current activity to be of law to involve itself in the privacy of torney General so that, under the read- brought up. our citizens. ing of the FISA law, the Attorney Gen- Section 3 of this proposal requires I proudly offer this legislation with eral could conclude that there was suf- the FISA court to be told if the target Senator SPECTER. I believe it is a good ficient reason to get a search or elec- of a proposed search or surveillance has and appropriate response. I thank the tronic surveillance court order. There a relationship with a Federal law en- Senator for his patience in the draft- has been a little bit of disagreement, at forcement or intelligence agency. This ing. I listened to my colleagues, par- a minimum, between the FBI and the came up in this case as well. The case ticularly on this side of the aisle, with Justice Department as to who said is being investigated. It turns out at relatively modest changes we have rec- what, when, and what request was some point one of the persons in the ommended, all of which the Senator made when. It has led to a serious po- past had been also a source for the FBI. has incorporated. I look forward to the litical controversy. I think it has also The FBI had gone to this person and committee and then the Senate enact- led, as a consequence, on both sides of said: Will you be a source for us, looking this legislation. the aisle, to some posturing and par- ing into the possibility of some illegal Mr. BIDEN. FISA, the Foreign Intel- tisanship about a significant national activity? Then that very person be- ligence Surveillance Act of 1978, is a security issue. comes the target, and that very person very vital part of our arsenal to com- One of Senator SPECTER’s most im- is never able to tell, nor does the FBI bat terrorism and espionage. For 20 portant ideas in this bill, one which is or the CIA say: By the way, Your years, it has enabled the FBI to keep going to seem commonsensical to most Honor, we were working with them. track of major threats to our security Americans, is to make it clear that if That is why they went ahead and did while preserving the constitutional something is of such consequence that the following. Up to now, when the Federal Govern- rights of Americans. Basically, it pro- the Director of the FBI believes there ment has asked for a FISA court judge vides for a sort of super search war- should be a FISA hearing and author- to give this surveillance authority, it rant, allowing the FBI, under certain ity granted to allow the FBI to use has not been required to say: By the unique circumstances, to eavesdrop invasive measures to eavesdrop upon way, Your Honor, this person in the upon activities, after showing a prob- conversations and/or get records, for past had worked with us as a source, as able cause to a Federal judge, without example, from computer data and the like, if it is that important, the FBI a person cooperating with us. having to disclose this eavesdropping This is a new and useful protection Director can, under this new amend- in ways that they would have to under for Americans, because the conduct ment to FISA, put that request in writ- a normal warrant for a wiretap or a that might seem suspicious could be a ing to the Attorney General and the physical search. result of what the law enforcement Attorney General, whoever that may FISA has been very useful to deal agency had actually asked them to do. be, then has to personally sign off or with terrorism, and also with espio- It seems only fair to the target to be not sign off, so we avoid this debate nage cases. able to have that information known Senator SPECTER has undertaken an that is taking place now about whether to the judge. effort to look into what may or may second level people or third level peo- This is typical of the Senator from not have transpired at our National ple made the right judgment or wrong Pennsylvania, that he looks out for in- Laboratories in the celebrated case of judgment, and whether or not there dividual rights as well as the interests Wen Ho Lee and others. This has been was any malfeasance. of law enforcement. the subject of some very legitimate So this is a very practical solution. If There are several other interesting discussion, and occasionally some par- this legislation had been in place 3 provisions in this bill, including some tisan discussion. But knowing Senator years ago, 5 years ago, there would be to improve relations between the FBI SPECTER as long as I have, I do not no doubt as to what happened. Had the and other agencies, and I am sure there doubt his desire to look into these FBI said this is critical and this is na- will be further refinements in this bill cases that have transpired, and the tional security, the Attorney General when it is considered by the Judiciary consequences of any leakage of classi- personally would have had to say yes Committee. The important thing is fied information from any of our Na- or no. That is where the record is un- that Senator SPECTER is working, I tional Laboratories, for the primary clear in the Wen Ho Lee case. This bill think effectively and in a bipartisan purpose of seeing to it that it does not would eliminate such doubt in future manner, to ensure that his inquiry into happen again, if in fact it did happen, similar cases if and when they arise, the Wen Ho Lee case leads to useful as well as to determine what did hap- and they surely will arise. changes and not just to partisan re- pen. Section 2 of this bill permits the criminations. I compliment him on Senator SPECTER and Senator judge to consider the past activities of that, because the purpose of oversight TORRICELLI have been looking into the target of an investigation—that is, is not only to find out who struck John these recent cases, especially, as I said, the person upon whom they want to but, in the national interest, to find the case of Wen Ho Lee at Los Alamos eavesdrop and/or whose records they the best way to prevent something National Laboratory. As a result of want to secretly examine. So, for ex- such as this from happening again. So that inquiry, Senator SPECTER is pro- ample, the Attorney General would be I compliment him and again thank him posing what I think is a very impor- able to say, in a closed FISA hearing: for acceding to the more than several tant series of sensible amendments to Your Honor, not only do we think this changes I asked for in this legislation. this act we call FISA. I am pleased to is justified because of some current ac- I think the amendments to existing cosponsor this bill, having been an tivity, but we can show you evidence law that this bill will enact are good original author of that legislation in that in 1991 they were engaged in this amendments. I think America will be 1978, along with Birch Bayh and others. suspicious activity, in 1993 they were well served, and I would argue that the The initial bill with which Senator engaged in that, in 1995 they were en- individual rights of Americans will be SPECTER approached me and others had gaged in this, therefore lending greater in no greater jeopardy after this passes a few areas where I thought it could be credibility to the argument that a than they ever were. They are pro- improved. I wish to publicly thank FISA court order should be issued by tected; they will continue to be pro- Senator SPECTER for agreeing to the the judge. tected; and some of these changes will

VerDate Mar 15 2010 23:31 Dec 04, 2013 Jkt 081600 PO 00000 Frm 00048 Fmt 4637 Sfmt 0634 E:\2000SENATE\S24FE0.REC S24FE0 mmaher on DSKCGSP4G1 with SOCIALSECURITY February 24, 2000 CONGRESSIONAL RECORD — SENATE S803 even help to further protect the rights because the small independents are, primarily truckers, farmers, and public of individual Americans. more often than not, subcontracting to transportation but in the long run will I yield the floor. other firms. help everybody. While it does not ad- At Tuesday’s rally, one driver told dress the long-term problem of our in- By Mr. CAMPBELL (for himself, me he knew of two men who had gone sufficient domestic oil supply, it will Mr. LOTT, Mr. DASCHLE, Mr. bankrupt in the last week alone. Any provide emergency temporary relief. I CRAIG, Mr. BUNNING, Ms. person viewing the television coverage believe it is a modest and yet essential SNOWE, Mr. CONRAD, Ms. LAN- of the rally could not help but be step. DRIEU, Mr. KERREY, and Mr. moved by the young couple living in At a time when our citizens are being GREGG): their truck with two small children, shaken down by a foreign oil cartel and S. 2090. A bill to amend the Internal both under the age of 3, because they then again by rising taxes, it is some- Revenue Code of 1986 to impose a 1 year could not make house payments. Yet what offensive to go through the same moratorium on certain diesel fuel ex- another driver told me he had only $8 kind of a shakedown twice. The Gov- cise taxes; to the Committee on Fi- to his name and made it here for the ernment is currently running a sur- nance. rally. plus, taking in more tax money than THE AMERICA’S TRANSPORTATION RECOVERY Many people think this probably does we are spending. We will have several ACT OF 2000 not affect them. Think about this: years of surplus money, and I am sure Mr. CAMPBELL. Mr. President, About 95 percent or more of everything we can afford to give a short-term today I am introducing America’s in America, everything we buy, comes break to the hard-working Americans Transportation Recovery Act of 2000 to by truck. It may also be on a train, air- who deliver our food and take our chil- address the skyrocketing prices of fuel plane, or ship, but from the point of or- dren to and from school as well as pick which supports our Nation’s truckers, igin to the point of delivery is often by up our garbage. This particular tax, as I understand, farmers, public transportation, and truck. These people don’t want hand- was never supposed to be permanent. It other users. This bill would tempo- outs; they don’t want food stamps; was imposed as a deficit reduction rarily suspend the Federal excise tax they don’t want to be on welfare; they measure, and we simply do not have a on diesel fuel for 1 year, or until the want to work. If those rigs stop rolling, price of crude oil is reduced to the De- deficit nor will we have in years to very simply, the Nation stops rolling, come. I urge my colleagues to support cember 31, 1999, price. too. I am pleased to be joined by many of this legislation with prompt passage, These trucks don’t run on solar en- to provide immediate relief for Amer- my colleagues and add as original co- ergy, as was mentioned this morning in ica’s truckers, farmers, and other die- sponsors to this bill both the majority our Energy Committee hearing by Sen- sel fuel users. leader, Senator LOTT, and the minority ator CRAIG, and they don’t run on wind I ask unanimous consent the bill be leader, Senator DASCHLE, as well as power; they run on diesel fuel. This printed in the RECORD. Senators CRAIG, FEINSTEIN, CONRAD, problem extends to our farmers and There being no objection, the bill was BUNNING, LANDRIEU, and KERREY of Ne- ranchers. The increased costs to our ordered to be printed in the RECORD, as braska. farmers and ranchers, coupled with de- follows: The current fuel crisis is an example clining commodity prices, makes it S. 2090 of how a discussion leans toward eco- very difficult for them to run a farm. Be it enacted by the Senate and House of Rep- nomic factors and international price In past Congresses, we have had to resentatives of the United States of America in fixing rather than focusing on the daily pass emergency agriculture relief pack- Congress assembled, effect on American people. ages which have allowed the smaller SECTION 1. SHORT TITLE. Early this week, as Members know, producers to receive enough assistance This Act may be cited as the ‘‘America’s nearly 300 truck drivers drove from all to get by financially one more year. Transportation Recovery Act of 2000’’. over the east coast—in fact, some from Now, along with the truckers in public SEC. 2. 1 YEAR MORATORIUM ON CERTAIN DIE- as far away as Texas—to rally at the SEL FUEL EXCISE TAXES. transportation, farmers will probably (a) IN GENERAL.—Section 4081(d) of the In- steps of the Capitol. Their cause was see future diesel prices nearing $2 a ternal Revenue Code of 1986 (relating to ter- the increasing price of diesel fuel, gallon as they go into this year’s plant- mination) is amended— which is increasing their costs to the ing season. (1) by redesignating paragraphs (2) and (3) point that many may go out of busi- We cannot let this Nation come to a as paragraphs (3) and (4), respectively, ness. standstill because we are captive to (2) by inserting after paragraph (1) the fol- I know the trucking life. I put myself foreign oil cartels. Not too many years lowing new paragraph: ‘‘(2) DIESEL FUEL.—The rate of tax specified through college by driving an 18-wheel- ago, we fought a war in the Middle in subsection (a)(2)(A)(iii) with respect to er. Just last December, I renewed my East to protect oil-producing countries diesel fuel shall be— CDC driver’s license. Although I don’t from the Iraqi invasion. Our young ‘‘(A) zero during the 1 year period begin- drive commercially anymore, it does men and women make up the bulk of ning on the date of the enactment of this keep me in touch with the working the military might for many nations paragraph, and men and women in the trucking indus- today. They put their lives on the line ‘‘(B) 4.3 cents per gallon after September try. Since I own a small rig, I know to protect some of the Arab countries 30, 2005.’’, and firsthand how the fuel crisis impacts (3) by striking ‘‘clauses (i) and (iii) of sub- against their own cousins, and now we section (a)(2)(A)’’ in paragraph (1) and insert- those who depend on it because my fuel are being repaid for our generosity by ing ‘‘subsections (a)(2)(A)(i) and (a)(2)(A)(iii) bills have doubled in the last year the rising cost of fuel from OPEC. with respect to kerosene’’. alone, as have theirs. Certainly, if there is anyone who (b) CONFORMING AMENDMENTS.— When private citizens give their time thinks there is not a national security (1) Subclause (I) of section 4041(a)(1)(C)(iii) to come to Washington, the issue is not component to being 55-percent depend- of the Internal Revenue Code of 1986 (relat- about profit margins, stock prices, or ent on foreign oil, they need to think ing to rate of tax on certain buses) is amend- other abstract matters; it is because ed by striking ‘‘shall be 7.3 cents per gallon again. The fact that we are too depend- (4.3 cents per gallon after September 30, they are fighting for their lives. Long- ent on foreign oil and we currently 2005).’’ and inserting ‘‘shall be— distance drivers, as Members probably have no national energy policy is a ‘‘(aa) zero during the 1 year period begin- know, need between 200 and 400 gallons point of discussion for another day. ning on the date of the enactment of the of diesel every 24 hours. Add that to Right now, we face a crisis we need American Transportation Recovery Act of truck payments, permits, insurance, to do something about. That is why I 2000, upkeep, road fees, and the many other and my colleagues are introducing this ‘‘(bb) 7.3 cents per gallon after the end of costs for independent trucking, and bill. This bill will temporarily suspend the 1 year period under item (aa), and before many are barely scraping by. It is no the excise tax on diesel fuel for 1 year, October 1, 2005, and ‘‘(cc) 4.3 cents per gallon after September wonder the price increase is putting so which is 24.4 cents a gallon, in an effort 30, 2005.’’. many out of business. The only way to ease the burdens on so many Ameri- (2) Section 4081(c)(6) of such Code is amend- they can survive is to pass it on to the cans based on our lack of a national ed by inserting ‘‘(other than paragraph (5))’’ consumer. Most of them cannot do that long-term energy policy. This will help after ‘‘subsection’’.

VerDate Mar 15 2010 23:31 Dec 04, 2013 Jkt 081600 PO 00000 Frm 00049 Fmt 4637 Sfmt 0634 E:\2000SENATE\S24FE0.REC S24FE0 mmaher on DSKCGSP4G1 with SOCIALSECURITY S804 CONGRESSIONAL RECORD — SENATE February 24, 2000 (3) Section 6412(a)(1) of such Code is amendable for San Luis Unit districts to ob- for an order permitting the trace (not ed— tain as large a supplemental supply as to mention having to approach each (A) by inserting ‘‘(the date of the enact- they would like. provider along the way). In the recent ment of the American Transportation Recov- Mr. President, this bill has already Denial of Service attacks, hackers uti- ery Act of 2000, in the case of diesel fuel)’’ after ‘‘October 1, 2005’’ both places it ap- passed the House as H.R. 3077. It will lized dozens or even hundreds of ‘‘zom- pears, impose no additional costs on the fed- bie’’ computers from which the attacks (B) by inserting ‘‘(the date which is 6 eral government. It contains provisions on specific sites were then launched. months after the date of the enactment of which assure that the additional water No doubt, these computers were lo- such Act, in the case of diesel fuel) after obtained by districts in the San Luis cated all over the country. and tracing ‘‘March 31, 2006’’ both places it appears, and Unit cannot be used in a manner that them quickly under current law is (C) by inserting ‘‘(the date which is 3 would exacerbate current groundwater therefore virtually impossible. months after the date of the enactment of drainage problems. It is consistent This legislation will amend current such Act, in the case of diesel fuel) after law to authorize the issuance of a sin- ‘‘January 1, 2006’’. with the provisions in the Central Val- (4) Section 6427(f)(4) of such Code is amend- ley Project Improvement Act that gle order to completely trace an online ed by inserting ‘‘(during the 1 year period be- sought to encourage the exchange of communication to its source, regard- ginning on the date of the enactment of the water by willing sellers to provide ad- less of how many intermediate sites it American Transportation Recovery Act of ditional supplies at reasonable cost to passes through. Law enforcement must 2000, in the case of diesel fuel)’’ after ‘‘Sep- willing buyers. I urge the Senate to still meet the exact same burden to ob- tember 30, 2007’’. pass this bill. tain such an order; the only difference (c) EFFECTIVE DATE.— is that they will not have to repeat (1) IN GENERAL.—Except as provided in By Mr. SCHUMER (for himself this process over and over each time a paragraph (2), the amendments made by this and Mr. KYL): communication passes to a new carrier section shall take effect on the date of the S. 2092. A bill to amend title 18, enactment of this section. in a different Jurisdiction. (2) DECREASE IN CRUDE OIL PRICES.—If the United States Code, to modify authori- One deficiency of the Computer Secretary of Treasury determines that the ties relating to the use of pen registers Fraud and Abuse Act, 18 U.C.C. § 1030, is average refiner acquisition costs for crude and trap and trace devices, to modify its requirement of proof of damages in oil are equal to or less than such costs were provisions relating to fraud and related excess of $5,000. In several cases, pros- on December 31, 1999, the amendments made activities in connection with com- ecutors have found that while com- by this section shall cease to take effect and puters, and for other purposes; to the puter intruders had attempted to harm the Internal Revenue Code shall be adminis- Committee on the Judiciary. computers vital to our critical infra- tered as if such amendments did not take effect. HIGH TECH CRIME BILL structures, such as telecommuni- Mr. SCHUMER. Mr. President, I rise cations and financial services, damages By Mrs. FEINSTEIN: today to introduce with my friend from of $5,000 could not be proven. Neverthe- S. 2091. A bill to amend the Act that Arizona, Senator KYL, a high tech less, these intrusions pose a great risk authorized construction of the San crime bill aimed at combating com- of harm to our country and must be Luis Unit of the Central Valley puter crime. For the past nine months prosecuted, punished, and deterred. Project, California, to facilitate water I have been discussing with law en- The Schumer-Kyl bill will unambig- transfers in the Central Valley Project; forcement and computer crime experts uously permit federal jurisdiction at to the Committee on Energy and Nat- how best to address the growing threat the outset of an unauthorized intrusion ural Resources. that computer crimes pose to our in- into critical infrastructure systems THE CONSTRUCTION OF THE SAN LUIS UNIT OF creasingly networked society. rather than having investigators wait THE CENTRAL VALLEY PROJECTS Many of the best solutions are far- for any damage assessment. Crimes Mrs. FEINSTEIN. Mr. President, reaching and complex and will only be that exceed the $5,000 limit will be today I introduce a bill to amend the achieved through sustained and prosecuted as felonies, while crimes legislation that authorized construc- thoughtful hard work on an inter- below that amount will be defined as tion of the San Luis Unit of the Cen- national level by both government and misdemeanors. The bill will also clar- tral Valley Project in California. En- the private sector in the years ahead. ify that a $5,000 loss resulting from a actment of this bill would allow water There are, however, modes changes to computer attack may include the costs districts in the San Luis Unit of the existing laws that can be made now, of responding to the offense, con- Central Valley Project to supplement which will serve as a significant first ducting a damage assessment, restor- their federal water supplies with pur- step in a much-needed effort to give ing a system to its original condition, chases of water from the State Water law enforcement to tools they need to and any lost revenue or costs incurred Project. At present, federal law pro- effectively fight cybercrime. The legis- as a result of an interruption in serv- hibits the delivery of non-federal water lation that Senator KYL and I are in- ice. The $5,000 requirement should not to districts in the San Luis Unit until troducing today will, among other serve as a barrier to the prosecution of certain conditions are met. things, make the following changes to serious computer criminals who threat- The San Luis Unit is the last compo- existing law. en our country’s networks. nent created by federal law in the Cen- We must update our laws governing This legislation will also modify a di- tral Valley Project, which is the larg- the use of what are called pen registers rective to the sentencing commission est Bureau of Reclamation project in (which record the numbers dialed on a contained in the Antiterrorism and Ef- the United States. Water service to dis- phone line) and trap and trace devices fective Death Penalty Act of 1999, tricts in the San Luis Unit is often cur- (which capture incoming electronic im- which required a mandatory minimum tailed because of limitations imposed pulses that identify the originating sentence of six months’ imprisonment in pumping in the Sacramento-San number). These laws have become out- for certain violations of section 1030. Joaquin Delta. dated and their procedures are too slow Computer intrusions that violate the It is customary for water districts in for the speed of criminals online. statute vary in their severity and mali- the San Luis Unit to supplement their Under current law, investigators ciousness. All violations should be pun- supplies through purchases on the open must obtain a trap and trace order in ished, but under the current regime the market. However, current federal law each jurisdiction through which an mandatory imprisonment applies to prohibits them from purchasing sup- electronic communication is made. some misdemeanor charges, even where plies from the State Water Project and Thus, for example, to trace on online the attack caused no damage. As a re- having these delivered over federal fa- communication between two terrorists sult, some prosecutors have declined to cilities. Making such deliveries is rel- that starts at a computer in New York, bring cases, knowing that the result atively easy because state and federal goes through a server in New Jersey, would be mandatory imprisonment. We project conveyance facilities are inter- bounces off a computer in Wisconsin, should insure that federal prosecutors connected. Prohibiting purchase of and then ends in San Francisco, inves- are bringing cases under section 1030, state water for delivery over federal fa- tigators may be forced to go succes- but we also should insure that the sen- cilities limits the opportunities avail- sively to a court in each jurisdiction tences being meted out fit the crime.

VerDate Mar 15 2010 23:31 Dec 04, 2013 Jkt 081600 PO 00000 Frm 00050 Fmt 4637 Sfmt 0634 E:\2000SENATE\S24FE0.REC S24FE0 mmaher on DSKCGSP4G1 with SOCIALSECURITY February 24, 2000 CONGRESSIONAL RECORD — SENATE S805 Often the most technologically savvy our nation, and every federal dollar al- Mr. President, since I came to the individuals are juveniles who have located for improving this situation Senate in 1983, I’ve worked hard to pro- grown up with computers always at should be directed to our nation’s In- mote economic development and create their fingertips. Unfortunately, certain dian reservations. The lack of adequate new jobs for my state of New Mexico. juveniles are committing the most se- roads and bridges is a chronic problem One thing I learned very quickly is rious computer crimes and wreaking on Indian reservations, where unem- that you can’t expect to attract new havoc on our critical infrastructures. ployment averages 35 percent and more industry unless you have the basic in- For example, one juvenile hacker than half of American Indian live in frastructure to support residential and caused an airport in Worcester, Massa- hard poverty. commercial needs. The most important chusetts to shut down for over six Since 1982, when my Senate amend- infrastructure needs include transpor- hours when its telecommunications ment added Indian roads to our federal tation, power, communications, water connections were brought down. Simi- highway trust fund accounts, all funds and sewers. Without these basic serv- larly, two California teenagers broke allocated for Indian roads have been ices at affordable rates, opportunities into sensitive military computers, in- used for that purpose. In ISTEA, which to create good jobs will simply not de- cluding those at Lawrence Livermore preceeded the enactment of the Trans- velop. National Laboratory and the U.S. Air portation Efficiency Act for the 21st Today our country is fortunate to Force. Century (TEA–21), the Indian Reserva- have one of the strongest economies in As a longer term strategy, we need to tion Roads (IRR) program reached a history. Our recent advances in job cre- do a better job of teaching our children level of $191 million per year. ation and economic growth are accom- from a very young age that, like any- Many of us in Congress worked hard plishments that all Americans should where else, certain conduct on the to increase this IRR funding to $225 be proud of. Unfortunately, as many of Internet is wrong and illegal. But we million in the first year of TEA–21 (FY us know, some sectors of our nation also need to send a clear message that 1998), and $275 million each year there- continue to lag behind the wave of eco- crimes on the Internet will have real after, through FY 2003. Unfortunately, nomic prosperity that has swept the consequences. This legislation will a little noticed provision for Federal nation. In particular, I remain con- amend 18 U.S.C. § 1030 to give federal Lands Highways, placing an ‘‘obliga- cerned about our Native American law enforcement authorities the power tion limitation’’ on the IRR program, communities. Unemployment rates to investigate and prosecute juvenile has resulted in the transfer of funds in- today in Indian Country frequently top offenders of computer crimes in appro- tended for Indian reservations to be 30, 40, and even 50 percent. Mr. Presi- priate cases. The bill will make juve- transferred to the 50 states. dent, the nation must not stand by niles fifteen years of age or older who In FY 1998, the amount deducted for while Indian Country is literally being commit the most serious violations of this transfer to states from the IRR left behind. Perhaps more than any program was $24.2 million. In FY 1999, section 1030 eligible for federal prosecu- other community in America, the it was $31.7 million; and in FY 2000, the tion in cases where the Attorney Gen- Tribes and Alaska Native Villages suf- obligation limitation resulted in a loss eral certifies that such prosecution is fer from inadequate infrastructure. appropriate. In conjunction with the of $34.9 million that could have been This year I am pleased to be working elimination of the six-month manda- used for Indian reservation road build- with President Clinton, Senators ing. tory minimum, this legislation will DASCHLE, DOMENICI, and others on a In all previous enacting legislation provide a balanced, measured approach number of new programs and initia- since 1982, federal funds intended for to juvenile hacking crimes. tives to help the Native American IRR programs have been used for IRR Again, these are just the first steps Communities enjoy the same level of purposes. Only in TEA–21 was this that should be taken in a very long economic prosperity as the rest of changed due to the application of the battle against cybercrime that many of America. In this respect, the Tribes are us will wage for years to come. And obligation limitation to Federal Lands Highways and the IRR program. no different than the rest of America— while we fight computer crime by to promote their economic develop- modifying our criminal laws, we also Our bill will simply exclude the IRR program from this annual deduction ment basic infrastructure must first be should seek concomitant ways to fully in place. The President’s initiative rec- protect the fundamental rights of inno- that has totaled, in the past three years, more than $90 million. This ognizes this fact. The bill we are intro- cent individuals on the Internet. ducing today addresses one element of I want to thank Senator KYL for join- money, while helpful to many states, is that initiative—the need for basic ing me in introducing this bill. As more badly needed on Indian reserva- transportation, including roads and chairman of the Subcommittee on tions and should be preserved for that transit. This bill will help promote Technology, Terrorism, and Govern- purpose. By excluding the IRR program ment Information, I know that he from this obligation limitation provi- transportation on every reservation in cares deeply about these issues and I sion, we will be increasing federal America by fully funding the Indian look forward to working with him on funds for Indian roads without increas- Reservation Roads Program. First established in 1928, the Indian this commonsense, bipartisan legisla- ing the cost of the total program. We Reservation Roads program is one of tion.∑ will be focusing the funds for Indian roads on Indian roads, as we have in- the ways America meets its special re- By Mr. DOMENICI (for himself, tended since the IRR program first be- sponsibility to help Native Americans Mr. BINGAMAN, and Mr. BAU- came part of our federal highway trust achieve self sufficiency and self deter- CUS): fund in 1982. mination. The goal of the Indian Res- S. 2093. A bill to amend the Transpor- I urge my colleagues to join us in re- ervation Roads program is to provide tation Equity Act for the 21st Century directing funds intended for Indian safe and economic means of transpor- to ensure that full obligation authority road construction to be dedicated to tation throughout Indian Country. is provided for the Indian reservation that purpose.∑ Over the years, the program has been roads program; to the Committee on Mr. BINGAMAN. Mr. President, I am reauthorized and modified to help meet Environment and Public Works. pleased to join today with my good the Tribes’ needs for basic transpor- THE TRANSPORTATION EQUITY ACT FOR THE 21ST friend and colleague from New Mexico, tation infrastructure. Most recently, CENTURY AND INDIAN RESERVATION ROADS Senator DOMENICI, to introduce this the program was reauthorized for six ∑ Mr. DOMENICI. Mr. President, I am bill along with Senator BAUCUS. This years in 1998. The program is playing a pleased today to be joined by my col- bill assures that our Native American critical role in economic development, leagues JEFF BINGAMAN and MAX BAU- communities have the funding they self-determination, and employment of CUS in introducing legislation to pre- need for critical transportation Native Americans in 33 states, includ- serve precious dollars allocated by the projects. Our bill will fund the Indian ing the Alaska Native Villages. Congress and the President for con- Reservation Road Program for the next Currently, the reservation roads sys- struction of Indian reservation roads. three years with at least $275 million tem comprises 25,700 miles of BIA- and There is no doubt that the Indian res- per year, the full amount authorized by Tribal-owned roads and 25,600 miles of ervation road system is the poorest in Congress. state, county and local roads. There

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A number of other programs in Begaye, President of the Navajo Na- transit system are, of course, used by TEA–21 already have this exemption, tion, and Mr. David McKinney, Execu- everyone, not just Native Americans. and I believe that Congress should tive Director of the Intertribal Trans- To give the Senate some perspective of make good on its commitment to the portation Association, and a resolution the magnitude of this system, the tribes to provide the Indian Road Pro- from the Affiliated Tribes of Northwest 51,000 total miles on the Indian Res- gram the full amount authorized. This Indians be included in the RECORD. ervation Road system are more miles increase in funding would bring the There being no objection, the mate- of public roads than there are in 15 program roughly up to parity with the rial was ordered to be printed in the states. If you consider only roads on increase that the state highway pro- RECORD, as follows: the Federal Aid Highway system, the grams are already receiving in TEA–21. Mr. President, I fully appreciate that NEW MEXICO STATE HIGHWAY Indian road system has more miles AND TRANSPORTATION DEPARTMENT, than the state of California. a few Senators may have concerns Santa Fe, NM, February 21, 2000. Unfortunately, Mr. President, many about changing any aspect of the fund- Hon. JEFF BINGAMAN, of the roads on the IRR system are ing distribution in TEA–21. However, I U.S. Senate, among the worst in the nation. Of the believe a strong argument can be made Washington, DC. 25,700 miles owned by BIA and Tribes, in this unique case. First, nobody can DEAR SENATOR BINGAMAN: The purpose of two thirds or 18,000 miles are not paved dispute the incredible needs for trans- this letter is to indicate my support for the and 12,000 are unimproved dirt roads. portation infrastructure in Indian bill that you and Senators Domenici and Currently, 190 of the 740 bridges are Country, which suffers, as I said, a Baucus have introduced to exempt the In- listed as deficient, presenting serious backlog of at least $4 billion. Second, dian Reservation Road Fund from the obliga- safety concerns. The estimated backlog the effect of our bill on all other high- tion limitation by amending section 1102(b) in road and bridge construction alone way programs in TEA–21, including of TEA–21 to include the IRR in the list of exceptions. is $4 billion, and that doesn’t even state highway funding, is truly mini- start to include transit needs. When mal; its impact amounts to only about We recognize that this will result in a roads are as bad as these, people can’t one-tenth of one percent. Third, this is slight reduction in the federal funds, which will flow directly to the state of New Mexico. get to work, children in school buses an issue of basic fairness. This change However, we also recognize that the benefit can’t get to school, and seniors can’t would provide both the states and the realized by the state as a whole, by the sub- get to their doctors or hospitals. IRR roughly the same 50 percent in- stantial increase in funds to the state’s Mr. President, in 1998, under the able crease in their transportation funding tribes for road improvements, far outweighs guidance of the late Senator Chafee above the levels in ISTEA. And finally, this reduction. and Senator BAUCUS, Congress pro- I believe we made a commitment to the If you have any questions, or would like duced the Transportation Equity Act tribes when we authorized funding of clarification on these matters please contact for the Twenty-First Century, or TEA– $275 million. Congress should make Richard Montoya of my staff. 21. Through its many transportation good on that commitment. Sincerely, programs, TEA–21 has already had In closing, I look forward to working PETE K. RAHN, major impacts on transportation, both with the distinguished Chairman of the Secretary. highways and transit, in my state and Environment and Public Works Com- around the country. The bill increased mittee, Senator SMITH, and the Rank- STATE OF WASHINGTON, TRANSPORTATION COMMISSION, funding for state highway programs by ing Member, Senator BAUCUS, as well Olympia, WA, February 18, 2000. an average of fifty percent above the as with the Chairman of the Transpor- Hon. MAX BAUCUS, levels in the previous six-year bill, tation and Infrastructure Sub- Ranking Minority Member, Senate Environment ISTEA. Some states, because of popu- committee, Senator VOINOVICH, to cor- and Public Works Committee, Washington, lation growth, are seeing increases of rect this serious inequity in what is DC. seventy, eighty and even ninety per- otherwise an outstanding transpor- DEAR SENATOR BAUCUS: The Washington cent over the levels in ISTEA. tation bill. State Transportation Commission has adopt- Unfortunately, funding for the Indian Mr. President, state highway depart- ed enclosed Resolution No. 600 supporting Reservation Roads Program did not re- ments recognize how important this Resolution #99–23 of the Affiliated Tribes of ceive the same magnitude of increase program is to both the tribes and the Northwest Indians (ATNI). The Commission as TEA–21 provided for the states. states. I recently received a letter from joins with ATNI in recommending that the The full impact of TEA–21 on the In- Mr. Pete K. Rahn, Secretary of the United States Congress remove the obliga- dian Road program has only recently New Mexico State Highway and Trans- tion ceiling limitation requirement of TEA– become clear. In the last year of 21 from the Indian Reservation Roads (IRR) portation Department. In his letter, Program. ISTEA, the program was funded at Secretary Rahn indicates his support nearly $220 million. Now, under TEA– for this bill. He goes on to say that the This is an issue of vital concern to all 21, the authorization level was in- tribes of Washington State, and it is an issue department recognizes that the bill of fundamental fairness. When Congress en- creased to $275 million, but for the first will result in a slight reduction in the acted the Transportation Equity Act for the time, the program was subject to an federal funds, which flow directly to 21st Century (TEA–21) on June 9, 1998, it obligation limitation, which reduces the state of New Mexico. However, he changes the way in which obligation limits the funding this year by $35 million. continues, the department also recog- were set for the IRR Program. Instead of Thus, despite the massive infusion of nizes that the benefit realized by the having limits set at 100% of authorized levels transportation funding to the states, state as a whole, by the substantial in- as they were under previous highway acts, funding for Indian Country was crease in funds to the state’s tribes for limitation for the IRR Program is now cal- inexplicably left behind. While the culated similar to states. For tribes, the road improvements, far outweigh this change has removed $90 million from their states averaged a fifty percent increase reduction. I want to thank Secretary total authorization in the past three years, in annual highway funding, the tribes Rahn for expressing his support for this and an additional $120 million is expected to got less than half that—only about a bill. be lost during the remainder of the author- twenty percent increase. Mr. President, I have a similar letter addressed to ization period. While the total authorization though TEA–21 strived for equity in Senator BAUCUS from Connie Niva, for the state of Washington is similarly re- funding, we fell short of equity when it Chair of the State of Washington duced, states have the opportunity to carry came to Native Americans. Transportation Commission, along over unused authorizations to subsequent Our bill is very simple. It provides a with a resolution in support of lifting years. On the other hand, the authorized very narrow exemption to the obliga- amounts deducted from the IRR Program are the obligation limitation from the In- redistributed to states rather than back to tion limitation in TEA–21 to assure dian Reservation Road Program. the program. For the state of Washington, that the full authorized amount, $275 Mr. President, I ask unanimous con- there is a net outflow of funding. More is lost million, is available to help meet crit- sent that the letter from Secretary from the IRR Program than the state re- ical transportation needs in Indian Rahn, the letter and a resolution from ceives back in redistributed authorization.

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Thank you for considering this request of THE NAVAJO NATION, cent access to health care, education, em- such great impact to the tribes of our state. Window Rock, AZ, February 23, 2000. ployment, tourism, and economic develop- If you have any questions, please call me. Re proposed legislation for the indian res- ment; now Sincerely, ervations roads program. Therefore be it resolved, the Affiliated CONNIE NIVA, Hon JEFF BINGAMAN, Tribes of Northwest Indians strongly rec- Chair. U.S. Senate, ommends the U.S. Congress remove the obli- Washington, DC. gation limitation contained in TEA–21 for DEAR SENATOR BINGAMAN: I am submitting the IRR program in its deliberations for the RESOLUTION NO. 600 OF THE WASHINGTON FY 2000 and subsequent Department of STATE TRANSPORTATION COMMISSION this letter on behalf of the Navajo Nation in support of your efforts to assist the Navajo Transportation Appropriations Acts. Whereas, the Washington State Transpor- Nation and Indian Country regarding the In- tation Commission serves as the board of di- dian Reservation Roads (IRR) Program. Par- By Mr. KENNEDY: rectors of the Washington State Department ticularly, the effort to correct the TEA–21, S. 2094. A bill to amend the Energy of Transportation, providing oversight to en- which has imposed an obligation limitation Policy and Conservation Act to ensure sure the Department delivers quality trans- on the IRR Program. The obligation limita- that petroleum importers, refiners, and portation facilities and services in a cost-ef- tion would further underfund an important wholesalers accumulate minimally fective manner; and, element in economic and community devel- adequate supplies of home heating oil Whereas, the Washington State Transpor- opment on the Navajo Nation and Indian to meet reasonably foreseeable needs tation Commission also proposes policies, Country. in the northeastern states; to the Com- I thank you in advance for your continued plans and funding to the legislature which mittee on Energy and Natural Re- will promote a balanced, inter-modal trans- support on issues affecting the Navajo Na- portation system which moves people and tion and Native Americans across the United sources. goods safely and efficiently; and, States. If you have any additional questions STABLE OIL SUPPLY (SOS) HOME HEATING ACT ∑ Whereas, it is a policy objective of the on the IRR Program, please contact Mr. Mr. KENNEDY. Mr. President, I ask Washington State Transportation Commis- Paulson Chaco, Director of Navajo Nation unanimous consent that the text of the sion to cooperate and coordinate with public Department of Transportation. bill be printed in the RECORD. and private transportation partners so that Sincerely, There being no objection, the bill was KELSEY A. BEGAYE, systems work together cost effectively; and, ordered to be printed in the RECORD, as President. Whereas, there are 28 Indian tribal govern- follows: ments recognized by the federal government INTERTRIBAL TRANSPORTATION S. 2094 within the state of Washington; and, ASSOCIATION, NATIONAL HEADQUARTERS, Be it enacted by the Senate and House of Rep- Whereas, these tribal governments develop Stillwater, OK, February 18, 2000. resentatives of the United States of America in and improve the road systems for their com- Subject: Supporting Senator Bingaman’s Congress assembled, munities with funding provided under the proposed legislation for the Indian res- SECTION 1. SHORT TITLE. federal Indian Reservation Roads program; ervation roads (IRR) program. This Act may be cited as the ‘‘Stable Oil and, Mr. DAN ALPERT, Supply (SOS) Home Heating Act’’. Whereas, many state highways and local Office of Senator Bingaman, SEC. 2. FINDINGS AND PURPOSE. roads are linked directly to tribal road sys- Washington, DC. (a) FINDINGS.—Congress finds that— tems, providing access to Indian reserva- The Intertribal Transportation Association (1) more than 35 percent of families in the tions, and recognized by the Bureau of In- is in support of Senator Bingaman’s proposed northeastern United States depend on oil to dian Affairs as public roads within the In- Legislation that will assure that the Indian heat their homes each winter, and most of dian Reservation Roads Program; and, Reservation Roads (IRR) program is funded those families have no practical alternative Whereas, it has been brought to the atten- at the fully authorized level for the remain- to paying the going price for heating oil or tion of the Commission that under the Inter- ing three years of TEA–21. seeking public or private assistance to pay modal Surface Transportation Efficiency Act Sincerely, for heating oil; of 1991, funding apportioned from the High- DAVID MCKINNEY, (2) consumers experienced sudden and dra- way Trust Fund to the Indian Reservation Executive Director. matic increases in prices for home heating Roads Program was not subject to a limita- oil during the winters of 1989, 1996, and 1999, tion on obligations as is the case with dis- RESOLUTION NO. 99–23 OF THE AFFILIATED causing hardship to families and other peo- tributions to states from the fund; and, TRIBES OF NORTHWEST INDIANS ple of the United States, including people on fixed and low incomes, people living in rural Whereas, the Commission further under- Whereas, the Affiliated Tribes of North- areas, the elderly, farmers, truckers and the stands that funding authorized under the west Indians (ATNI) are representatives of driving public, and governments that pay Transportation Equity Act for the 21st Cen- and advocates for national, regional, and home heating oil bills; tury now subjects distributions to the Indian specific Tribal concerns; and (3) a substantial part of each sudden in- Reservation Roads Program to a limitation Whereas, the Affiliated Tribes of North- crease in home heating oil prices has been on obligations; and, west Indians is a regional organization comprised of American Indians in the states of caused by vastly inadequate supplies of home Whereas, as a result of this change in law, Washington, Idaho, Oregon, Montana, Ne- heating oil accumulated during the summer, some $90 million in obligation authority vi- vada, northern California, and Alaska; and fall, and winter months by importers, refin- tally needed to reverse the deplorable condi- Whereas, the health, safety, welfare, edu- ers, and wholesalers; and tion of Indian Reservation Roads has been cation, economic and employment oppor- (4) increased stability in home heating oil lost to Indian tribal governments than would tunity, and preservation of cultural and nat- prices is necessary to maintain the economic otherwise have been distributed; and, ural resources are primary goals and objec- vitality of the Northeast. Whereas, this change in law adversely im- tives of Affiliated Tribes of Northwest Indi- (b) PURPOSE.—The purpose of this Act is to pacts the Indian Reservation Roads Program ans; and ensure that minimally adequate stocks of within the state of Washington; and, Whereas, transportation impacts virtually home heating oil are accumulated in the Whereas, the Affiliated Tribes of North- every aspect of a community, such as eco- Northeast to meet reasonably foreseeable de- west Indians has by resolution, rec- nomic development, education, healthcare, mand during each winter while protecting ommended removal of the obligation ceiling travel, tourism, planning, land use and em- consumers from sudden increases in the price limitation requirement for the Indian Res- ployment opportunities; and of home heating oil. ervation Roads Program. Whereas, the Affiliated Tribes of North- SEC. 3. DEFINITIONS. west Indians is aware that the Transpor- Section 152 of the Energy Policy and Con- Now, therefore, be it Resolved, That Wash- tation Equity Act for the 21st Century (TEA– servation Act (15 U.S.C. 6232) is amended— ington State Transportation Commission 21) has been signed into law by the U.S. (1) by redesignating paragraphs (2), (3), (4), joins with the Affiliated Tribes of Northwest President and limits the obligation of Indian (5), (6), (7), (8), (9), (10), and (11) as paragraphs Indians in recommending removal of the ob- Reservation Road (IRR) funding to 90%; and (3), (4), (5), (8), (9), (10), (11), (12), (13), and (14); ligation ceiling limitation requirement of Whereas, the obligation ceiling limitation (2) by inserting after paragraph (1) the fol- TEA–21 from the Indian Reservation Roads thus far has eliminated over $58 million from lowing: Program. the IRR program which will lose another $31 ‘‘(2) HOME HEATING OIL.— Now, therefore, be it finally Resolved, That million if the limitation is not removed in ‘‘(A) IN GENERAL.—The term ‘home heating the Washington State Transportation Com- the FY 2000 appropriations Act; and oil’ means distillate fuel oil. mission supports Resolution #99–23 of the Af- Whereas, this limitation is inconsistent ‘‘(B) INCLUSIONS.—The term ‘home heating filiated Tribes of Northwest Indians, adopted with all prior transportation Acts, and seri- oil’ includes No. 1 and No. 2 diesel and fuel February 10, 1999, at their 1999 Winter Con- ously impacts the ability of Indian Tribes oils.’’; ference in Portland, Oregon. and the Bureau of Indian Affairs to provide (3) by inserting after paragraph (5) (as re- Adopted this 17th day of February, 2000. the American Indian people with safe and de- designated by paragraph (1)) the following:

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‘‘(6) NORTHEAST.—The term ‘Northeast’ ‘‘(ii) in the course of carrying out the vol- Northeast without subjecting consumers to means the States of Maine, New Hampshire, untary plan, if the voluntary plan is certified sudden price increases that are due in part to Vermont, Massachusetts, Rhode Island, Con- by the Secretary under subsection (b); inadequate buildup of heating oil inven- necticut, New York, Pennsylvania, and New ‘‘(B) the action is not taken for the pur- tories. Jersey. pose of injuring competition; and ‘‘(4) REGULATIONS.—As soon as practicable ‘‘(7) PRIMARY HEATING OIL INVENTORY.— ‘‘(C) the importer, refiner, or wholesaler is after the date of enactment of this section, ‘‘(A) IN GENERAL.—The term ‘primary heat- in compliance with this section. the Secretary shall promulgate regulations ing oil inventory’ means a heating oil inven- ‘‘(2) LIMITATION.—Except in the case of an necessary to carry out this section, includ- tory held by an importer, refiner, or whole- action taken to develop a voluntary plan, ing regulations that— saler. the defense provided in paragraph (1) shall be ‘‘(A) authorize civil penalties to enforce ‘‘(B) EXCLUSION.—The term ‘primary heat- available only if the person asserting the de- this section; and ing oil inventory’ does not include any in- fense demonstrates that the action was spec- ‘‘(B) provide that the Secretary shall co- ventory held by a retailer for the direct sale ified in, or within the reasonable contempla- operate with State energy authorities in car- to an end user of home heating oil.’’; and tion of, a voluntary plan certified by the rying out this section. (4) by adding at the end the following: Secretary. ‘‘(c) EXCESS INVENTORY.—At the end of ‘‘(15) WHOLESALER.—The term ‘wholesaler’ ‘‘(3) BURDEN OF PROOF.—A person inter- each winter season, the Administrator of the means any person that— posing the defense under paragraph (1) shall Environmental Protection Agency shall take ‘‘(A) owns, operates, leases, or otherwise have the burden of proof, except that the appropriate and reasonable action to enable controls a bulk terminal having a total pe- burden shall be on the person against which importers, refiners, and wholesalers of home troleum storage capacity of 50,000 barrels or the defense is asserted with respect to heating oil to sell any remaining excess in- more; whether an action is taken for the purpose of ventories of heating oil that the importers, ‘‘(B) stores home heating oil; and injuring competition. refiners, and wholesalers may have. ‘‘(C)(i) resells petroleum products to retail ‘‘(d) REPORT.—Not later than 1 year after ‘‘(d) IMPLEMENTATION.—In implementing businesses that market the petroleum prod- the date of enactment of this section, and this section, the Secretary shall ensure, to ucts to end users; or annually thereafter, the Secretary shall sub- the maximum extent practicable, that the ‘‘(ii) receives petroleum products by tank- mit to Congress a report describing the re- manner of implementation supports the er, barge, or pipeline. sults of the implementation of all voluntary maintenance of an economically sound and ‘‘(16) WINTER SEASON.—The term ‘winter plans certified under this section, including competitive petroleum industry. season’ means the months of November specific compliance by importers, refiners, ‘‘(e) REPORT.—Not later than 1 year after through March.’’. and wholesalers that serve the Northeast the implementation of a plan under this sec- SEC. 4. HOME HEATING OIL RESERVE FOR THE market with respect to the adequacy of the tion, the Secretary shall submit to Congress NORTHEAST. home heating oil supply. a report describing the results of the imple- Part B of the Energy Policy and Conserva- ‘‘(e) PLAN ADOPTED BY SECRETARY.—If, by mentation of the plan, including specific tion Act (15 U.S.C. 6231 et seq.) is amended by the date that is 240 days after the date of en- compliance by importers, refiners, and inserting after section 157 the following: actment of this section, for each importer, wholesalers in the Northeast with respect to ‘‘SEC. 157A. VOLUNTARY PLANS FOR HOME HEAT- refiner, and wholesaler in the Northeast, a home heating oil supply buildup.’’.∑ ING OIL RESERVE. certified plan is not implemented in accord- ‘‘(a) SUBMISSION AND DEVELOPMENT OF VOL- ance with subsection (b), the Secretary shall By Mrs. FEINSTEIN: UNTARY PLANS.—Importers, refiners, and adopt and implement a plan in accordance S. 2095. A bill to provide for the safe- with section 157B. wholesalers that hold primary heating oil in- ty of migrant seasonal agricultural ventories for sale to markets in the North- ‘‘SEC. 157B. HOME HEATING OIL RESERVE FOR east, acting individually or in 1 or more THE NORTHEAST. workers; to the Committee on Health, groups, should, for the purposes of ensuring ‘‘(a) ESTABLISHMENT OF PRIVATE HOME Education, Labor, and Pensions. stability in energy fuel markets and pro- HEATING OIL RESERVES.—If a certified plan THE FARM WORKER TRANSPORTATION SAFETY tecting consumers from dramatic swings in described in section 157A is not implemented ACT price— in accordance with that section for each im- Mrs. FEINSTEIN. Mr. President. I ‘‘(1) develop voluntary plans, in consulta- porter, refiner, and wholesaler that stores rise to introduce legislation to give tion with interested individuals from non- home heating oil for sale in the Northeast, profit organizations and the public and pri- not later than 300 days after the date of en- farm workers what so many of us take vate sectors, to maintain readily available actment of this section, the Secretary shall for granted—a safe commute to work. minimum product inventories of heating oil establish a private home heating oil reserve Today, many farm workers are still in the Northeast, possibly in combination for the Northeast in accordance with this being transported to fields in crowded with the hedging of future inventories, to section. vans lacking basic safety equipment. mitigate the risk of severe price increases to ‘‘(b) INVENTORY.— There are reports of vans originally de- consumers and to reduce adverse impacts on ‘‘(1) IN GENERAL.—Except as provided in signed for 10 people, transporting up to paragraph (2), the Secretary shall periodi- the regional and national economies; and 20 passengers with no access to seat ‘‘(2) submit the voluntary plans to the Sec- cally monitor supply levels as necessary to retary not later than 180 days after the date ensure that each importer, refiner, and belts. People should not have to put of enactment of this section. wholesaler of home heating oil that stores their lives at risk to travel to a job ‘‘(b) CERTIFICATION AND REPORT.— home heating oil for sale in the Northeast site. ‘‘(1) IN GENERAL.—If the Secretary deter- shall have in inventory and readily available According to the latest United States mines that a plan submitted under sub- to refiners in the Northeast a quantity of Department of Labor statistics, farm section (a)— home heating oil that the Secretary deter- occupations have the second highest ‘‘(A) is likely to achieve the purposes of mines is equal to the quantity that each im- work-related fatalities, and 45 percent porter, refiner, or wholesaler may reasonably this Act, the Secretary shall so certify, and of these fatalities are vehicular re- the importer, refiner, or wholesaler shall im- be expected to require to supply the needs of plement the plan; or its customers during the present or following lated. ‘‘(B) is not likely to achieve the purposes winter season without subjecting consumers Nationally, 533 farm workers were of this section, the Secretary shall issue a to sudden price increases that are due in part killed in transportation incidents be- statement explaining why the plan does not to inadequate buildup of heating oil inven- tween 1994 and 1998. And farm workers appear likely to achieve those purposes. tories. are 4 times more likely to be killed in ‘‘(2) REPORT.—Not later than 240 days after ‘‘(2) LIMITATION.—The Secretary shall not on-the-job highway traffic accidents the date of enactment of this section, the require any importer, refiner, or wholesaler than a typical worker. Secretary shall submit to Congress a report to store any product under paragraph (1) in a The following are just a few of the re- describing the findings and reasons for a cer- quantity greater than 95 percent of the aver- tification or failure to certify a plan under age storage capacity for home heating oil cent accidents involving farm workers this subsection. reasonably available to the importer, re- traveling in vehicles without seatbelts. ‘‘(c) DEFENSE TO ANTITRUST ACTIONS.— finer, or wholesaler during the preceding 2 Just two weeks ago, on February 10, ‘‘(1) IN GENERAL.—There shall be available years. 14 people were injured when a car ran a as a defense to a civil or criminal action ‘‘(3) INCREASED INVENTORY.—If the Sec- stop sign and crashed into a van car- brought under the antitrust laws (or any retary determines that an inventory of home rying farm workers in Tulare County, similar State law) with respect to an action heating oil does not meet the requirement of California. Authorities cited the driver taken to develop and carry out a voluntary under paragraph (1), the Secretary may di- of the van three months ago for ille- plan under subsection (a) by an importer, re- rect an importer, refiner, or wholesaler to finer, or wholesaler the fact that— acquire, store, and maintain in readily avail- gally transporting workers—but at the ‘‘(A) the action is taken— able inventories any quantity of home heat- time of the accident, he still had not ‘‘(i) in the course of developing the vol- ing oil that the Secretary determines to be received certification to transport untary plan; and necessary to supply heating oil needs in the workers.

VerDate Mar 15 2010 23:31 Dec 04, 2013 Jkt 081600 PO 00000 Frm 00054 Fmt 4637 Sfmt 0634 E:\2000SENATE\S24FE0.REC S24FE0 mmaher on DSKCGSP4G1 with SOCIALSECURITY February 24, 2000 CONGRESSIONAL RECORD — SENATE S809 On September 10, 1999, 13 people were S. 2096. A bill to amend the Internal ices. They spoke of the financial and injured south of Fresno when an unli- Revenue Code of 1986 to provide an in- emotional stress associated with tak- censed van driver failed to stop for a come tax credit to long-term care- ing care of a loved one. After hearing posted stop sign and collided with an- givers; to the Committee on Finance. their stories, it became clear that their other car. The van had seven seats—all THE CAREGIVERS ASSISTANCE AND RESOURCES efforts are truly heroic and we should with seatbelts—but four passengers ENHANCEMENT (CARE) TAX CREDIT ACT be doing all that we can at the federal were seated on the floor. Mr. BAYH. Mr. President, America is level to provide the support they need On August 9, 1999, thirteen tomato aging—we are all living longer and gen- to keep their families together. field workers were killed when the van erally healthier and more productive At a time when people are becoming transporting them home slammed into lives. In the next 30 years, the number skeptical of the government, Congress a tractor-trailer truck in rural south- of Americans over the age of 65 will needs to help people meet the chal- west Fresno County, California. Most double. For most Americans this is lenges they face in their daily lives. of the victims in this horrific crash good news. However, for some families This tax credit does that. It will serve rode on three bare benches in the back aging comes with unique financial ob- 1.2 million older Americans, over of the van. stacles. More and more middle income 500,000 non-elderly adults, and approxi- On July 23, 1999, one man was killed families are forced to choose between mately 250,000 children a year. I en- and more than 40 people injured when a providing educational expenses for courage you to take notice of the work big-rig crashed into a Greyhound bus their children, saving for their own re- done by caregivers and join me in sup- and a farm worker van on Highway 99 tirement, and providing medical care porting this legislation and giving in Tulare County, California. The vic- for their parents and grandparents. caregivers the gratitude they deserve. tim rode in the farm-labor van, packed When a loved one becomes ill and needs Thank you, Mr. President. with 19 other passengers. to be cared for nothing is more chal- This is a national problem which lenging then deciding how the care By Mr. MURKOWSKI (for himself calls for Federal action. Farm workers they need should be provided. Today, I and Ms. LANDRIEU): live all over the country, and have rise to make that decision easier and S. 2098. A bill to facilitate the transi- work that frequently carries them to strengthen one option for long-term tion to more competitive and efficient across state lines. care—caring for a loved one at home. electric power markets, and to ensure Unfortunately, existing Federal laws The bill I introduce today, the Care electric reliability; to the Committee leave farm workers inadequately pro- Assistance and Resource Enhancement on Energy and Natural Resources. tected. Tax Credit, provides caregivers with a ELECTRIC DEREGULATION LEGISLATION Regulations issued under the Migrant $3,000 tax credit for the services they Mr. MURKOWSKI. Mr. President, I and Season Agricultural Worker Pro- provide. I am introducing this bill in rise to introduce an electric deregula- tection Act (MSPA) prohibit transport order to encourage families to take tion bill, which it is my sincere hope of migrant workers unless the vehicles care of their loved ones, make it more will reduce the burdens on our electric have adequate service brakes, parking affordable for seniors to stay at home ratepayers and consumers throughout brakes, steering mechanisms, wind- and receive the care they need, and this country by promoting competition shield wipers, tires, and review mir- save the government billions of dollars and reliability in the electric power in- rors. But, believe it or not, the law currently spent on institutional care. dustry. does not mandate seating positions or Through this tax credit we accomplish First, let me say competition isn’t an operational seatbelt for each pas- all that while emphasizing family val- the goal of the legislation. Instead, senger. ues. competition is the means to achieve The Farm Worker Safety Transpor- There are over 22 million people pro- the goal of assuring customers reliable tation Act of 2000 will make it illegal viding unpaid help with personal needs and reasonably-priced electricity. to transport farm workers unless each or household chores to a relative or We have seen the benefits of competi- passenger has a designated seat with friend who is at least 50 years old. In tion in other industries such as natural an operational seatbelt. This applies no Indiana alone, there are 568,300 care- gas, telecommunications, trucking, matter how the vans are purchased or givers. They do this work without any and even in the airlines. In each case, modified. compensation. They do not send the competition reduced prices. That was Federal law now requires vans manu- government a bill for their services or the objective—to enhance supply and factured with up to 10 passenger seats get reimbursed for their expenses by a to encourage innovation. to have operational seatbelts for each private company. They do it because There is every reason to expect that seat. However, after a new van is sold they care. As a result of their compas- competition in the electric industry to its first owner, the owner can le- sion, the government saves billions of will benefit consumers. The Depart- gally remove the rear seats and install dollars. For example, the average cost ment of Energy agrees. It is projecting bare benches. Similarly, Federal law of a nursing home is $46,000 a year. The consumer savings in the area of $20 bil- permits an individual to purchase a government spent approximately $32 lion per year. That is not hay. That van with an empty cargo hold and in- billion in formal home health care would be a significant savings to the stall benches without seatbelts. costs and $83 billion in nursing home consumers in this country, particularly The legislation will direct the De- costs. If you add up all the private sec- important at a time when we are see- partment of Transportation to develop tor and government spending on long- ing spiking rates in oil, high gasoline interim seat and seatbelt standards for term care it is dwarfed by the amount prices, high heating oil prices, and high vans or trucks without seats that are families spend caring for loved ones in diesel fuel prices, as noted by the converted for the transport of farm their homes. As a study published by trucking industry that recently dem- workers. the Alzheimers Association indicated, onstrated here in Washington, DC. After a seven-year transition period, caregivers provide $196 billion worth of Heating oil prices are spiraling in the the commercial vehicles that transport care a year. Northeast corridor. farm workers will have to meet the I held a field hearing in my state, In- We are talking about, through elec- same seat and seatbelt standards as a diana, last August to discuss ways to tric deregulation, trying to bring about new vehicles. make long-term care more affordable. consumer savings of $20 billion per year A farm worker should have access to At this hearing I heard from three or more. Progress has already been a safe commute whether he or she is caregivers who are providing care for a made in this area, both in retail com- traveling to a field in Arizona, Cali- family member. Mrs. Linda McKinstry petition and wholesale competition be- fornia, Washington, or Florida. takes care of her husband who had been cause there has been innovation. Twen- I look forward to working with my diagnosed with Alzheimers two years ty-four States have already adopted re- colleagues to enact this sensible, prac- ago. Mr. and Mrs. Cahee are caregivers tail competition. That covers nearly 60 tical legislation that will save lives. for Mr. Cahee’s mother who also has percent of our consumers. All other Alzheimers. They all echoed the need States are now giving it consideration. By Mr. BAYH: for financial relief and support serv- As a consequence of the innovation of

VerDate Mar 15 2010 23:31 Dec 04, 2013 Jkt 081600 PO 00000 Frm 00055 Fmt 4637 Sfmt 0634 E:\2000SENATE\S24FE0.REC S24FE0 mmaher on DSKCGSP4G1 with SOCIALSECURITY S810 CONGRESSIONAL RECORD — SENATE February 24, 2000 the States, we are now seeing retail I believe that where regulation is ing funding for nuclear power plant de- competition becoming a reality. necessary, it should be pursued by the commissioning, and authority to con- The Federal Energy Regulatory Com- unit of government that is closest to struct new transmission lines. mission has created wholesale competi- the consumer. The government that is There are other important issues tion in the interstate market through closest to the citizen, is the govern- that need to be addressed during the Order 888. ment that will be the most responsive legislative process. For example, we The legislative task we face—I, as to citizens. Citizens go down to city need to look at ways to streamline and chairman of the Energy and Natural hall; citizens will go down to the legis- speed up the merger review process. Resources Committee, and my col- lative body. That is where citizens are Utilities are rightfully distressed that leagues on that committee, both the closest to their government, and those FERC’s process is far too cumbersome, minority and the majority—will be sig- are the people to whom taxpayers can takes far too long to complete, and as nificant. We look forward to the task reach out and hold responsible—or a consequence is far too expensive. And ahead. It will call for the examination wring their neck if necessary. these costs are just passed on to con- of this bill, as a comprehensive bill, to I believe that FERC should only reg- sumers. FERC is retained to do their try to address the various concerns, as ulate that which cannot be regulated analysis and make their decisions in a well as take up the other bills. by States because it is in interstate timely manner. These drawn out deci- However, I recognize there will be commerce. I repeat that: In my opin- sions, for all practical purposes, are certain areas on which we will not be ion, as represented in this bill, FERC simply allowing full employment for able to reach agreement. We can set should regulate only that which cannot far too many lawyers. them aside and proceed on what we can be regulated by States because it is in We also need to consider the creation agree on, then go back one more time interstate commerce. of a universal service fund, similar to and look at those items we are still I will highlight the important provi- that which Congress included in the hung up on to see if we can generate sions of the legislation I have intro- telecommunications legislation. This any consensus. At that point, we can duced today. One key element is the would help areas of the United States see what we have. Hopefully, it will be creation of a clear division of responsi- which do not yet have access to reli- still meaningful. bility between the States and the Fed- able and affordable electricity. Yes, As I said, the legislative task before eral Government. States are respon- there are regions in the United States the Senate is building on the progress sible for retail matters affecting con- where electricity is not taken for that has been made with the States, sumers in their State, including retail granted. My State of Alaska is one. not halting State progress on retail competition, and FERC is responsible There is a related tax issue which competition, and not interfering with for interstate matters, including must also be addressed in the context the FERC process on wholesale com- wholesale competition. By creating of comprehensive legislation. That is petition. the tax-exempt municipal bond issue, The question is: How do we get there this jurisdictional ‘‘bright line,’’ so to creating a level competitive playing from here? How do we move the elec- speak, I think we will clear up the cur- field between investor-owned utilities tric power industry from regulation to rent confusion in the jurisdiction that competition? Some argue we should has resulted in litigation which is slow- and municipally-owned utilities. Because this is important to both preempt the States; I don’t think so. ing down progress on competition. In municipally-owned and investor-owned Some say that we should substitute the future, if there is a problem, we utilities, I will talk about the problem FERC regulation for State regulation; will know whom to hold responsible. for a moment. First, under the U.S. I don’t think so. Others have the the- Oftentimes in this business, account- Tax Code, municipally-owned utilities ory that one size fits all; I don’t think ability is pretty hard to find. We have can issue tax-exempt bonds to build so. designed this so we will be able to hold I think the States and the innovative those responsible for their actions, and new generation, transmission, and dis- attitudes coming out of the States in- they will not be able to hide under a tribution facilities, but investor-owned dicate that one size does not fit all. We rock. utilities cannot issue tax-exempt bonds do not want to simply substitute one This legislation also includes provi- for these purposes. This gives munici- regulation for another. That is not de- sions that will protect electric reli- pally-owned utilities a taxpayer-pro- regulation. If that is done, it is just ability which is so important to con- vided competitive advantage to the ex- ‘‘different’’ regulation. Moreover, what sumers in our economy. tent they are able to use the facilities may work in one State undoubtedly I am pleased to say Senator LAN- built with tax-exempt bonds to com- won’t work in another State and the DRIEU is joining me in this bipartisan pete against private power which can- consumers would be harmed. legislation. The Senator from Lou- not use tax-exempt bonds. To me, the answer is obvious. For isiana has been very diligent in our En- On the flip side, under the Tax Code, consumers to enjoy the benefits of ergy Committee. municipal tax-exempt bonds are sub- competition, we have to let the free The legislation protects electric reli- ject to a private-use limitation. This market system work. We have seen ability in two ways: First, it creates a means that if municipal utilities go that time and time again. We must comprehensive, reliability organization too far in competing against private stop having regulators pick the win- that has clear enforcement authority. utilities, if they exceed their ‘‘private ners and losers, regulators making de- This will help in the short term. Sec- use’’ limitation allowed by the IRS, cisions that should be made in the mar- ond, by promoting competition, it en- their bonds are subject to retroactive ketplace. sures reliability over the long run, be- taxation. This limits the ability of mu- I have long said the best way to move cause the market will respond to con- nicipal utilities to compete in the mar- toward market competition is to de- sumer needs. ket. I assume we will hear from them regulate in those areas we can, stream- The legislation also includes provi- on that. There has to be some equity in line what we cannot deregulate, and fa- sions to ensure that States and State this process. cilitate States moving forward on republic utility commissions will con- The bottom line? We have a Tax Code tail competition. tinue to be fully able to protect con- that is not consistent with today’s I would prefer deregulating the entire sumers. competitive environment. Both munic- electric power industry. However, I rec- The legislation has provisions which ipal utilities and private utilities are ognize some regulation must remain will provide access to all interstate at risk. The issue must be addressed. It because it is necessary to protect con- transmission lines, not just those cov- is not necessarily part of the legisla- sumers. Traditionally, States have reg- ered by investor-owned utilities. Re- tion I am introducing today because ulated retail matters directly affecting moving gaps in transmission access the Tax Code issue is before the Fi- consumers and FERC has regulated will promote competition in the whole- nance Committee. I admit I am a mem- matters in interstate commerce. The sale power market. ber of that committee. Both the admin- legislation I introduce today retains The legislation also addresses a num- istration and Senator GORTON have leg- this traditional division of authority ber of other important issues including islative proposals pending before the between the States and FERC. PURPA repeal, PUHCA repeal, assur- Finance Committee.

VerDate Mar 15 2010 23:31 Dec 04, 2013 Jkt 081600 PO 00000 Frm 00056 Fmt 4637 Sfmt 0634 E:\2000SENATE\S24FE0.REC S24FE0 mmaher on DSKCGSP4G1 with SOCIALSECURITY February 24, 2000 CONGRESSIONAL RECORD — SENATE S811 But I call, finally, upon industry— competition? Should we preempt the ability of our electric power system. private power and public power—to States and substitute Federal regula- The legislation does so in two different come and try to work out their dif- tion for State regulation, as some ways. First it creates a grid-wide reli- ferences on this and to bring Congress argue? Or should we instead deregulate ability organization that is given the a compromise proposal that both sides to allow the market to operate? enforcement authority necessary to as- can live with because it is something To me the answer is obvious: Com- sure reliability. The language in the that simply has to be addressed. It is petition must be market-based, not legislation is the industry-supported better to have the parties resolve it government-run. We must stop having North American Electric Reliability than have a dictate from the Congress. regulators pick winners and losers, Council proposal, plus additional reli- There are other issues of regional making decisions that ought to be ability provisions proposed by Western consideration that will need to be ad- made by the marketplace. Substituting Governors, State public utility com- dressed as part of comprehensive legis- one regulator for another—Federal for missions and State energy officials. lation. We need to resolve the role of State—is not deregulation. It’s just dif- However, as much as this new organi- the Federal power marketing adminis- ferent regulation. Creating a one-size- zation will help ensure reliability, it is trations in the marketplace, including fits-all Federal solution may work in not the long-term solution. The real the Bonneville Power Administration. some States, but it will not work in all solution is to promote competition, We also need to address the role of one States. For the market to work and for and that can only be accomplished of the largest utilities in the United consumers to enjoy the benefits of though comprehensive legislation such States, the TVA. competition, we need to free the mar- as this. I look forward to working with Sen- ket from undue government inter- This legislation also includes provi- ators from the Northwest—I see one on ference. sions to provide access to all interstate the floor—to address the Bonneville I have long said that the best way to transmission lines, not just those Power Administration issue, and the move toward market competition is to owned by investor-owned utilities. Senators from the South to address the deregulate what we can, streamline Under the Federal Power Act, Feder- Tennessee Valley Authority issue. I am what we cannot deregulate, and to fa- ally-owned utilities, State-owned utili- convinced by promoting competition cilitate States moving forward on re- ties, municipally-owned utilities and and protecting reliability this legisla- tail competition. cooperatively-owned utilities are all tion will benefit the consumers, the While I would like to deregulate the exempt from FERC’s nondiscrim- economy, and our international com- entire electric power industry, I recog- inatory open access transmission pro- petitors. nize that some regulation will remain gram. These exempt utilities do not I, again, thank Senator LANDRIEU of necessary to protect consumers. Where have to provide access to the trans- Louisiana for cosponsoring this legisla- regulation is necessary, I believe that mission grid which adversely affects tion. it should be performed by the unit of competition in the interstate whole- To reiterate, I rise to introduce legis- government closest to the consumer. sale power market. This legislation lation to promote competition in the However, where the matter to be regu- corrects that problem. electric power industry. This legisla- lated is in interstate commerce, FERC Another important aspect of this leg- tion is bipartisan, it is cosponsored by must be the regulatory agency. Tradi- islation is its confirmation that States Senator LANDRIEU. tionally, States have regulated retail are not prevented from protecting con- Let me first say that competition is matters directly affecting consumers, sumers on a variety of retail matters not the goal of this legislation. In- and the FERC has regulated wholesale such as: distribution system reli- stead, competition is the means to sales and transmission in interstate ability; safety; obligation to serve; uni- achieve the goal of assuring consumers commerce. The legislation I am today versal service; assured service to low- reliable and reasonably-priced elec- introducing retains this traditional di- income, rural and remote consumers; tricity. vision of authority between the States retail seller performance standards; We have seen great benefits from and the FERC. and protection against unfair business bringing competition to other indus- I will now outline the key provisions practices. tries such as natural gas, telecommuni- of the legislation. There are similar provisions which cations, trucking and airlines. In each One key element of this legislation is confirm that States are not prevented case, competition reduced prices, en- the creation of a clear division of au- from imposing a public interest charge hanced supply and encouraged innova- thority between the States and the to fund State programs such as: ensur- tion. There is every reason to expect Federal government. The legislation ing universal electric service, particu- that increased competition in the elec- makes it clear that States are respon- larly for consumers located in rural tric power industry will likewise ben- sible for retail matters affecting con- and remote areas; environmental pro- efit consumers. The Department of En- sumers in their State, and the FERC is grams, renewable energy conservation ergy agrees. It has projected consumer responsible for interstate matters. programs; providing recovery of indus- savings of $20 billion per year. Thus, States will continue to be re- try transition costs; providing transi- Great progress has already been sponsible for retail competition, and tion costs for electricity workers hurt made in both retail competition and the FERC will continue to be respon- by restructuring; and research and de- wholesale competition. To date, retail sible for wholesale competition. velopment on electric technologies. competition programs have been adopt- This clarification is necessary be- By including these provisions, my ed by 24 States, which cover 60 percent cause when the Federal Power Act was legislation will ensure that States and of U.S. consumers. All of the remaining created in 1935, Congress did not fore- State public utility commissions are States are now considering what kind see the current market and industry fully capable of protecting consumers of retail program would best meet their structure. As a result, there are now and promoting the public interest. local needs. Competition has been ambiguities as to the split in jurisdic- The legislation also contains a num- brought to the interstate wholesale tion between the States and the Fed- ber of other important provisions in- market through the enactment of the eral government. This has resulted in cluding repeal of PURPA’s mandatory Energy Policy Act of 1992 and FERC’s uncertainty and increasing litigation. purchase requirement, repeal of subsequent issuance of Orders No. 888 Creating a jurisdictional ‘‘bright line’’ PUHCA and assuring funding for nu- and 889. will help both States and the FERC clear power plant decommissioning. So the legislative task facing Con- move forward with their efforts to pro- One provision in this legislation that gress is to build on this progress, not to mote competition in their respective I expect to be controversial is eminent halt State progress on retail competi- jurisdictions. Moreover, by creating domain authority to construct new tion or to interfere with FERC progress clear lines of accountability, if things interstate transmission lines. The pro- on wholesale competition. don’t work right we will know exactly visions of the bill make this construc- The question is: How do we get there where to point the finger. tion authority available in situations from here? How do we move the elec- Another major aspect of this legisla- where there is a regional transmission tric power industry from regulation to tion is that it will protect the reli- planning process that provides for full

VerDate Mar 15 2010 23:31 Dec 04, 2013 Jkt 081600 PO 00000 Frm 00057 Fmt 4637 Sfmt 0634 E:\2000SENATE\S24FE0.REC S24FE0 mmaher on DSKCGSP4G1 with SOCIALSECURITY S812 CONGRESSIONAL RECORD — SENATE February 24, 2000 public input, and is reviewed and ap- Second, by denying transmission power—to work out their differences proved by the FERC; and the trans- owners the ability to design and file and to bring Congress a compromise mission project cannot otherwise be complete transmission rates with proposal—that both sides can live with. constructed either because the State FERC, Order No. 2000 creates confusion There are also a number of other re- does not have the necessary authority, at best, and at worst it may deny gional issues that will need to be ad- or because the State has delayed action transmission owners their rights under dressed as a part of comprehensive leg- for more than one year; and the FERC, law to recover all of their prudently in- islation. For example, we need to re- through a formal public process with curred costs. solve the role of the Federal power all legal rights protected, finds that If these and other deficiencies are not marketing administrations in he mar- the new transmission line is in the pub- corrected, FERC Order No. 2000 may be ketplace—including the Bonneville lic convenience and necessity. litigated for years, creating great un- Power Administration. We also need to When authorizing this construction, certainty in RTO formation. In light of address the role of one of the largest the legislation gives the FERC full au- the increasing concerns about grid reli- utilities in the United States—the Ten- thority to impose any requirements ability, delay in RTO formation would nessee Valley Authority. that are necessary to protect the pub- be particularly troublesome as Order I am convinced that by promoting lic interest. No. 2000 makes RTOs directly respon- competition in the electric power in- You might ask: Why include such a sible for short-term reliability. dustry and by addressing the reli- potentially controversial provision? Let me mention some significant ability issue, this legislation will ben- There are three reasons. matters that need to be addressed dur- efit consumers, our economy and our The first reason is supply. We must ing the legislative process. international competitiveness. Like have transmission lines if we are going For example, there is the important the Secretary of Energy, I believe that to get electricity to consumers and in- issue of streamlining and speeding up it is now time to move forward with dustry. It is a simple fact of physics the FERC merger review process. Utili- legislation. I hope that my colleagues that you can’t move electricity with- ties are rightfully distressed that agree. out power lines. FERC’s process takes far too long and By Mr. REED: The second reason is market power. is much too cumbersome. S. 2099. A bill to amend the Internal As you know, market power exists We also need to consider the creation Revenue Code of 1986 to require the where there is more demand than an of a universal service fund—similar to registration of handguns, and for other existing transmission line can handle— that which Congress included in the purposes; to the Committee on Fi- a bottleneck. There are two possible telecommunications legislation. This nance. ways to address a bottleneck. The first would help areas which do not have ac- is full regulation of the bottleneck cess to reliable and affordable elec- HANDGUN SAFETY AND REGISTRATION ACT OF transmission facility, with regulators 2000 tricity. And yes, there are regions of ∑ Mr. REED. Mr. President, I rise picking the winners and losers. But the United States where electricity is that does not solve the problem, it just today to introduce the Handgun Safety not taken for granted. and Registration Act of 2000, which allocates the problem. The other is the Another controversial issue that we would enable law enforcement agencies free market approach. Let those who must deal with in the context of com- want to move their electric power to nationwide to more easily trace hand- prehensive legislation is the tax-ex- guns used in crime, and provide back- market build a new transmission line empt municipal bond issue, creating a around the bottleneck—or at least ground checks and registration by law level competitive playing field between enforcement of all primary and sec- have a credible threat to build if the investor-owned utilities and munici- owner of the bottleneck transmission ondary transfers of handguns, includ- pally-owned utilities. Under the U.S. ing retail sales, Internet sales, gun line does not offer them a fair deal. Code municipally-owned utilities can The third reason is reliability. Based shows, and all other private transfers. issue tax-exempt bonds to build new on events over that past several years, This legislation is supported by Hand- generation, transmission and distribu- it is clear that we need to enhance our gun Control, Inc., the Violence Policy tion facilities, but investor-owned util- transmission system if we are going to Center, the NAACP, and Physicians for ities cannot issue tax-exempt bonds for meet consumer needs during peak peri- Social Responsibility. these purposes. This gives municipally- ods of demand. Many Americans are unaware that For those who think eminent domain owned utilities a taxpayer-provided there is a successful federal weapons is a brand-new idea for energy facili- competitive advantage to the extent registration system already in place ties—it isn’t. The Federal Power Act they are able to use facilities built under the 1934 National Firearms Act already gives Federal eminent domain with tax-exempt bonds to compete (NFA). The NFA requires registration for hydroelectric dams and their asso- against private power—who cannot use of all machine guns, short-barrel shot- ciated electric transmission lines. tax-exempt bonds in the same way. But guns and short-barrel rifles, silencers, Similarly, the Natural Gas Act gives on the flip-side—under the tax code bombs, grenades, and other specialized Federal eminent domain for interstate municipal tax-exempt bonds are sub- weapons. The NFA is successfully and natural gas pipelines. If it works for ject to a ‘‘private use’’ limitation. This efficiently administered by the Depart- interstate natural gas pipelines, it will means that if municipal utilities go ment of the Treasury’s Bureau of Alco- work for interstate electric trans- too far in competing against private hol, Tobacco and Firearms (ATF). mission lines. utilities—if they exceed their ‘‘private The Handgun Safety and Registra- Turning now to regional trans- use’’ limitation allowed by the IRS reg- tion Act would require the registration mission organizations, the legislation I ulation—then their bonds are subject of all handguns under the NFA within am today introducing retains the RTO to retroactive taxation. This limits the one year of enactment. I know some of provisions that were in my draft bill. ability of municipal utilities to com- my colleagues may question why this While Order No. 2000 has many good as- pete in the market. The bottom line? bill is needed. First, the bill would help pects—its voluntary nature, flexibility, We have a tax code that is not con- law enforcement more effectively trace open architecture and transmission in- sistent with today’s competitive envi- handguns used in crime by making reg- centives—it does have some serious de- ronment, putting both municipal utili- istration data available on-line to state ficiencies. I am especially concerned ties and private utilities at risk. and local law enforcement agencies. about two key issues. Although this issue must be ad- Tracing methods used today are ex- First, Order No. 2000 prohibits any dressed, it is not a part of the legisla- tremely cumbersome and favor the active ownership of the RTO by a util- tion I am introducing because it is a criminal over the police. When a gun ity or market participant after a five tax code issue that is now before the fi- used to commit a crime is recovered, a year transition period. Oddly, this ap- nance committee. Both the Adminis- state or local law enforcement agency plies even to someone who only owns tration and Senator GORTON have legis- contacts ATF with the name of the transmission. Clearly, this will dis- lative proposals pending before the fi- manufacturer and the serial number of courage participation in RTOs by nance committee. I call upon the in- the handgun—if it has not been re- transmission owners. dustry—private power and public moved by the criminal. ATF in turn

VerDate Mar 15 2010 23:31 Dec 04, 2013 Jkt 081600 PO 00000 Frm 00058 Fmt 4637 Sfmt 0634 E:\2000SENATE\S24FE0.REC S24FE0 mmaher on DSKCGSP4G1 with SOCIALSECURITY February 24, 2000 CONGRESSIONAL RECORD — SENATE S813 contacts the manufacturer, which pro- By Mr. EDWARDS (for himself, of fire sprinklers in college dormitories vides the name of the wholesale or re- Mr. LAUTENBERG, and Mr. and fraternity and sorority houses. tail dealer to whom the handgun was TORRICELLI): Sprinklers save lives. Indeed, the Na- sold. ATF then contacts the dealer to S. 2100. A bill to provide for fire tional Fire Protection Association has obtain the name of the individual or sprinkler systems in public and private never recorded a fire that killed more another retail dealer who purchased college and university housing and dor- than 2 people in a public assembly, edu- the handgun. mitories, including fraternity and so- cational, institutional, or residential rority housing and dormitories; to the building where a sprinkler system was All too often, this is where the trail Committee on Health, Education, goes cold, and another gun crime may operating properly. Labor, and Pensions. Despite the clear benefits of sprin- go unsolved. If the individual handgun COLLEGE FIRE PREVENTION ACT klers, many college dorms do not have owner has sold the gun to another per- ∑ Mr. EDWARDS. Mr. President, today them. New dormitories are generally son in a private sale, there is no way with my colleagues Senator LAUTEN- required to have advanced safety sys- for law enforcement to follow the path BERG and Senator TORRICELLI, I intro- tems such as fire sprinklers. But such of the handgun without time-con- duce the College Fire Prevention Act. requirements are rarely imposed retro- suming detective work and a good deal This measure would provide federal actively on existing buildings. In 1997, of luck. Subsequent private transfers matching grants for the installation of over 90 percent of the campus building or gun show sales are similarly unre- fire sprinkler systems in college and fires reported to fire departments oc- corded, making law enforcement’s job university dormitories and fraternity curred in buildings where there were even more difficult. Even before the and sorority houses. smoke alarms present. However, only first retail sale, law enforcement is Mr. President, the tragic fire that oc- 28 percent of them had fire sprinklers completely dependent upon the record curred at Seton Hall University on present. keeping of gun manufacturers and gun Wednesday, January 19th of this year At my state’s flagship university at dealers to follow the trail of a handgun will not be long forgotten. Sadly, three Chapel Hill, for example, only six of from manufacture to criminal use. freshman, all 18 years old, died. Fifty- the 29 residence halls have sprinklers. There is no law enforcement database four students, two South Orange fire- A report published by The Raleigh of handgun production or sales in the fighters and two South Orange police News & Observer in the wake of the United States. The Handgun Safety officers were injured. The dormitory, Seton Hall fire also noted that only and Registration Act would give the Boland Hall, was a six-story, 350 room seven of 19 dorms at North Carolina advantage back to the police by mak- structure built in 1952 that housed ap- State University are equipped with the ing handgun registration data avail- proximately 600 students. Astonish- life-saving devices, and there are sprin- able to law enforcement in an easily ingly, the fire was contained to the klers in two of the 10 dorms at North accessible format. third floor lounge of Boland Hall. This Carolina Central University. At Duke Mr. President, in addition to improv- dormitory was equipped with smoke University, only five of 26 dorms have ing law enforcement’s tracing capabili- alarms but no sprinkler system. sprinklers. ties, the Handgun Safety and Registra- Unfortunately, the Boland Hall fire Mr. President, the legislation I intro- tion Act would help prevent handguns was not the first of its kind. And it reduce today authorizes the Secretary of from ending up in the possession of minded many people in North Carolina Education, in consultation with the people who are likely to commit gun of their own tragic experience with United States Fire Administration, to crimes. The bill would require registra- dorm fires. In 1996, on Mother’s Day award grants, on a competitive basis, tion of all handguns, including those and Graduation Day, a fire in the Phi to States, private or public colleges or currently in private possession, and Gamma Delta fraternity house at the universities, fraternities, or sororities would make it a felony for any person University of North Carolina at Chapel to assist them in providing fire sprin- to transfer a handgun to another indi- Hill killed five college juniors and in- kler systems for their student housing vidual without prior law enforcement jured three others. This fraternity and dormitories. These entities would approval. As it currently does for all house was 70 years old. The National be required to produce matching funds NFA weapons, ATF would conduct a Fire Protection Association identified equal to one-half of the cost. This leg- background check on the transferee several factors that contributed to the islation authorizes $100 million for fis- through the National Crime Informa- tragic fire, including the lack of fire cal years 2001 through 2005. tion Center (NCIC), the Treasury En- sprinkler protection. In North Carolina, we decided to ini- forcement Communications System Sadly, there have been countless tiate a drive to install sprinklers in our (TECS), and the National Law Enforce- other dorm fires. On December 9, 1997, public college and university dorms. ment Tracking System (NLETS). This a student died in a dormitory fire at The overall cost is estimated at $57.5 would provide a clear incentive for all Greenville College in Greenville, Illi- million. Given how much it is going to handgun owners and dealers to exercise nois. The dormitory, Kinney Hall, was cost North Carolina’s public colleges great caution when they choose to sell built in the 1960s and had no fire sprin- and universities to install sprinklers, I or otherwise transfer a handgun to an- kler system. On January 10, 1997, a stu- think it’s clear that the $100 million other person. dent died at the University of Ten- that this measure authorizes is just a nessee at Martin. The dormitory, drop in the bucket. But my hope is It is my hope that by requiring reg- Ellington Hall, had no fire sprinkler that by providing this small incentive istration of all handguns under the Na- system. On January 3, 1997, a student we can encourage more colleges to in- tional Firearms Act, we can give law died in a dormitory fire at Central Mis- stitute a comprehensive review of their enforcement officials the tools to con- souri State University in Warrensburg, dorm’s fire safety and to install sprin- duct faster and more reliable tracing of Missouri. On October 21, 1994, five stu- klers. All they need is a helping hand. handguns used in crime, and prevent dents died in a fraternity house fire in With this modest measure of preven- handguns from falling into criminal Bloomsburg, Pennsylvania. The list tion, we can help prevent the needless hands in the first place. The Handgun goes on and on. In a typical year be- and tragic loss of young lives. Safety and Registration Act of 2000 tween 1980 and 1997, the National Fire Mr. President, parents should not would accomplish these goals without Protection Association estimates there have to worry about their children liv- restricting in any way the possession were an average of 1,800 fires at dor- ing in fire traps. When we send our or sale of hunting rifles or shotguns mitories, fraternities, and sororities, children away to college, we are send- used by law-abiding sportsmen across involving 1 death, 69 injuries, and 8.1 ing them to a home away from home the country. million dollars in property damage. where hundreds of other students eat, I encourage my Senate colleagues to So now we must ask, what can be sleep, burn candles, use electric appli- support this important legislation as done? What can we do to curtail these ances and smoke. We must not com- we seek effective ways to help law en- tragic fires from taking the lives of our promise on their safety. As the Fire forcement reduce gun violence in children . . . our young adults? We Chief from Chapel Hill wrote me: ‘‘Par- America.∑ should focus our attention on the lack ents routinely send their children off

VerDate Mar 15 2010 23:31 Dec 04, 2013 Jkt 081600 PO 00000 Frm 00059 Fmt 4637 Sfmt 0634 E:\2000SENATE\S24FE0.REC S24FE0 mmaher on DSKCGSP4G1 with SOCIALSECURITY S814 CONGRESSIONAL RECORD — SENATE February 24, 2000 to college seeking an education un- SEC. 3. AUTHORIZATION OF APPROPRIATIONS. sprinkler system over them. Thank you for aware that one of the greatest dangers There are authorized to be appropriated to recognizing the magnitude of this threat and facing their children is the fire hazards carry out this Act $100,000,000 for each of the for proposing the solution to it. fiscal years 2001 through 2005. associated with dormitories, fraternity Tell me how we can help. and sorority houses and other forms of SEC. 4. GRANTS AUTHORIZED. Sincerely, student housing....The only com- (a) PROGRAM AUTHORITY.—The Secretary of DANIEL JONES, Education, in consultation with the United Fire Chief. plete answer to making student-hous- States Fire Administration, is authorized to ing safe is to install fire sprinkler sys- award grants, on a competitive basis, to COLLEGE PARENTS OF AMERICA, tems.’’ In short, the best way to ensure States, private or public colleges or univer- Washington, DC, February 15, 2000. the protection of our college students sities, fraternities, or sororities to assist Hon. JOHN EDWARDS, is to install fire sprinklers in our col- them in providing fire sprinkler systems for U.S. Senate, Washington, DC. lege dormitories and fraternity and so- their student housing and dormitories. DEAR SENATOR EDWARDS: College Parents rority houses. My proposal has been en- (b) MATCHING FUNDS REQUIREMENT.—The of America (CPA) would like to commend dorsed by the National Fire Protection Secretary of Education may not award a grant under this section unless the entity re- you on the introduction of grant legislation Association and the College Parents of ceiving the grant provides, from State, local, to encourage public and private colleges, America. I ask all of my colleagues to or private sources, matching funds in an universities, fraternities and sororities to in- join me in supporting this important amount equal to not less than one-half of the stall sprinkler systems in all dormitories legislation. Thank you. cost of the activities for which assistance is and other forms of group housing. Mr. President, I ask unanimous con- sought. Today college parents represent an esti- sent that a copy of the legislation, the SEC. 5. PROGRAM REQUIREMENTS. mated 12 million households. An additional letters of support and a partial list of (a) AWARD BASIS.—In awarding grants 24 million households are currently saving fatal college fires be printed in the under this Act the Secretary of Education and otherwise preparing children for college. shall take into consideration various fire RECORD. College Parents of America is the only na- safety factors and conditions that the Sec- There being no objection, the mate- tional membership association dedicated to retary determines appropriate. helping these parents prepare for and put rial was ordered to be printed in the (b) LIMITATION ON ADMINISTRATIVE EX- their children through college easily, eco- RECORD, as follows: PENSES.—An entity that receives a grant nomically and safely. S. 2100 under this Act shall not use more than 4 percent of the grant funds for administrative College Parents of America places a high Be it enacted by the Senate and House of Rep- expenses. priority on ensuring safety in student hous- resentatives of the United States of America in SEC. 6. DATA AND REPORT. ing. In fact, CPA is urging parents and stu- Congress assembled, The Comptroller General shall— dents during their college evaluation process SECTION 1. SHORT TITLE. (1) gather data on the number of college to make sure there are smoke alarms, sprin- This Act may be cited as the ‘‘College Fire and university housing facilities and dor- kler systems and scheduled drills in all cam- Prevention Act.’’ mitories that have and do not have fire pus housing and classroom buildings. While sprinkler systems and other forms of built-in the financing and installation of smoke SEC. 2. FINDINGS. fire protection mechanisms; and alarms are relatively easy, funding is cited Congress makes the following findings: (2) report such data to Congress. as a challenge in the installation of sprinkler (1) On Wednesday, January 19, 2000, a fire systems in many older residential buildings occurred at a Seton Hall University dor- TOWN OF CHAPEL HILL, on the nation’s campuses. Your grant legis- mitory. Three male freshmen, all 18 years of FIRE DEPARTMENT, lation will provide a vehicle for institutions age, died. Fifty-four students, 2 South Or- Chapel Hill, NC, February 15, 2000. to ensure all student residential facilities ange firefighters, and 2 South Orange police Sen. JOHN EDWARDS, have adequate sprinkler safety systems. As a officers were injured. The dormitory was a 6- Dirksen Senate Office Building, result, the grant legislation will not only story, 350-room structure built in 1952, that Washington, DC. save millions of dollars annually from prop- housed approximately 600 students. It was DEAR SENATOR EDWARDS, One of the most erty damage, but also save young lives. equipped with smoke alarms but no fire unrecognized fire safety problems in Amer- sprinkler system. ica today is university and college student Please let me know how and when I can (2) On Mother’s Day 1996 in Chapel Hill, housing. Parents routinely send their chil- provide assistance. I look forward to working North Carolina, a fire in the Phi Gamma dren off to college seeking an education un- together to pass this important piece of leg- Delta Fraternity House killed 5 college jun- aware that one of the greatest dangers facing islation. iors and injured 3. The 3-story plus basement their children is the fire hazards associated Sincerely, fraternity house was 70 years old. The Na- with dormitories, fraternity and sorority RICHARD M. FLAHERTY. tional Fire Protection Association identified houses and other forms of student housing. several factors that contributed to the tragic We in Chapel Hill experienced a worst-case NATIONAL FIRE PROTECTION fire, including the lack of fire sprinkler pro- scenario, when in 1996 a fire in a fraternity ASSOCIATION, tection. house on Mother’s Day/Graduation Day Arlington, VA, February 23, 2000. (3) It is estimated that in a typical year be- claimed five young lives and injured three Sen. JOHN EDWARDS, tween 1980 and 1997, there were an average of more. We recognized the only complete an- U.S. Senate, Senate Hart Building, Washington, 1,800 fires at dormitories, fraternities, and swer to making student-housing safe is to in- DC. sororities, involving 1 death, 69 injuries, and stall fire sprinkler systems. $8,100,000 in property damage. DEAR SENATOR EDWARDS: On behalf of the I have had the privilege of reading a draft (4) Within dormitories the number 1 cause National Fire Protection Association copy of your legislation creating a matching of fires is arson or suspected arson. The sec- (NFPA) and its 68,000 members, we are ond leading cause of college building fires is grants program for universities, colleges and pleased to support your legislative efforts to cooking, while the third leading cause is fraternity/sorority house who take the life- provide federal assistance for the installa- smoking. saving step of installing fire sprinkler sys- tion of fire sprinkler systems in college and (5) The National Fire Protection Associa- tems. I strongly urge you to introduce this university housing and dormitories. tion has no record of a fire killing more than legislation and I pledge to assist your staff in promoting this important bill and help to Our statistics show that properly installed 2 people in a completely fire sprinklered pub- and maintained fire sprinkler systems have a lic assembly, educational, institutional, or develop bi-partisan support for it. Your pro- proven track record of protecting lives and residential building where the sprinkler sys- posed legislation is the only real solution to property in all types of occupancies. In par- tem was operating properly. the fire threat in student housing. ticular, the retrofitting of fire sprinkler sys- (6) New dormitories are generally required After ten years of being responsible for fire tems in college and university housing will to have advanced safety systems such as fire protection at the University of North Caro- sprinklers. But such requirements are rarely lina—Chapel Hill, I am convinced that where greatly improve the safety of these public imposed retroactively on existing buildings. students reside, alarms systems are not and private institutions. (7) In 1997, over 90 percent of the campus enough, clear exit ways are not enough, Thank you for the opportunity to be of as- building fires reported to fire departments quick fire department response is not enough sistance in this important initiative. occurred in buildings where there were and educational programs are not enough. Sincerely, smoke alarms present. However, only 28 per- The only way you can insure fire safety for ANTHONY R. O’NEILL, cent had fire sprinklers present. college student housing is to place a fire Vice President, Government Affairs.

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Date Location Deaths Injuries

March 24, 1973 ...... Auburn University, Auburn, AL ...... 1 0 February 23, 1974 ...... Kents Hill School, Readfield, ME ...... 1 0 March 16, 1975 ...... Kappa Sigma Fraternity House, Burlington, VT ...... 1 1 July 22, 1975 ...... Tank Hall MIT Dormitory, Cambridge, MA ...... 1 0 January 8, 1976 ...... Alpha Rho Chi Fraternity House, Columbus, OH ...... 2 6 April 5, 1976 ...... Wilmarth Dorm, Skidmore College, Saratoga Springs, NY ...... 1 27 August 29, 1976 ...... Kappa Sigma Fraternity House, Baldwin City, KS ...... 5 2 December 13, 1977 ...... Providence College, Providence, RI ...... 10 16 January 14, 1978 ...... Alpha Tau Omega Fraternity House, University Park, TX ...... 1 2 March 4, 1979 ...... Slippery Rock State College, Slippery Rock, PA ...... 1 3 April 5, 1980 ...... Sigma Alpha Epsilon Fraternity House, Eugene, OR ...... 1 1 July 2, 1980 ...... Dncer Hall University of North Iowa, Cedar Falls, IA ...... 1 0 September 20, 1981 ...... Davis Dormitory Texas College, Tyler, TX ...... 1 8 March 16, 1982 ...... Dormitory University of Chicago, Chicago, IL ...... 1 0 September 9, 1982 ...... Phi Kappa Theta Fraternity House, Philadelphia, PA ...... 1 8 September 18, 1982 ...... Dormitory Clark University, Worcester, MA ...... 1 3 May 28, 1983 ...... Alpha Epsilon Fraternity House, Bridgewater, MA ...... 1 1 December 11, 1983 ...... Lambda Chi Alpha Fraternity House, Austin, TX ...... 1 1 January 6, 1984 ...... Pi Kappa Alpha Fraternity House, Thibodaux, LA ...... 1 0 April 11, 1984 ...... Phi Gamma Delta Fraternity House, Lexington, VA ...... 1 0 October 21, 1984 ...... Zeta Beta Tau Fraternity House, Bloomington, In ...... 1 30 December 20, 1984 ...... Prometheus House (Pi Kappa Sigma), Geneseo, NY ...... 1 0 March 3, 1985 ...... Alpha Tau Omega Fraternity House, San Jose, CA ...... 1 1 April 19, 1986 ...... Delta Kappa Epsilon Fraternity House, Danville, KY ...... 1 0 November 29, 1986 ...... Russell Apt. Building Busch Campus, N. Brunswick, NJ ...... 1 1 April 12, 1987 ...... Wesley College-Williams College ...... 1 4 September 8, 1990 ...... Phi Kappa Sigma Fraternity House, Berkeley, CA ...... 3 2 December 8, 1990 ...... Lambda Chi Fraternity House, Erie PA ...... 1 4 February 13, 1992 ...... Phi Kappa Theta Fraternity House, California, PA ...... 1 0 October 24, 1993 ...... Alpha Xi Delta Sorority House, LaCrosse, WI ...... 1 2 October 21, 1994 ...... Beta Sigma Delta Fraternity House, Bloomsburg, PA ...... 5 0 May 12, 1996 ...... Phi Gamma Delta Fraternity House, Chapel Hill, NC ...... 5 3 October 19, 1996 ...... Phi Delta Theta Fraternity House, Delaware, OH ...... 1 0 January 3, 1997 ...... CMSU-Foster-Knox Hall, Warrensburg, MO ...... 1 0 January 10, 1997 ...... Hannings Ln-UTM-Ellington Hall, Martin, TN ...... 1 5 February 20, 1997 ...... Gramercy Park-School of Visual Arts, Brooklyn, NY ...... 1 0 December 9, 1997 ...... Greenville College-Kinney Hall, Greenville, IL ...... 1 0 This table lists fatal college dormitory and fraternity and sorority houses fires and associated losses reported to the National Fire Protection Association’s Fire Incident Data Organization. This listing should not be considered complete since only those incidents for which information was collected by the National Fire Protection Association were listed. Revised: 3/99•

Mr. LAUTENBERG. Mr. President, S. 2102. A bill to provide to the land, currently administered by the today I am pleased to join my col- Timbisha Shoshone Tribe a permanent Department of the Interior and com- league from North Carolina, Senator land base within its aboriginal home- prising approximately 7,500 acres, in EDWARDS, in introducing the College land, and for other purposes; to the trust for the Timbisha Shoshone Tribe. Fire Prevention Act. Committee on Indian Affairs. These parcels include: 300 acres at Fur- On Wednesday, January 19, 2000, a TIMBISHA SHOSHONE HOMELAND ACT nace Creek in Death Valley National fire raged through a dormitory at ∑ Mr. INOUYE. Mr. President, I am Park encompassing the present Seton Hall University, claiming the pleased to rise today to join with my Timbisha Village Site, subject to joint- lives of three students and injuring 58 distinguished colleagues from Cali- ly developed land use restrictions de- others, including at least 54 students, fornia, Senator FEINSTEIN and Senator signed to ensure compatibility and con- two police officers and two firefighters. BOXER, in introducing legislation that sistency with tribal and Park values, The dormitory, Boland Hall, was built would provide a permanent land base needs and purposes; 1,000 acres of land in 1952, and although it was equipped for the Timbisha Shoshone Tribe. now managed by the Bureau of Land with smoke detectors, it was not re- For thousands of years the Timbisha Management at Death Valley Junction, quired to be equipped with a fire sprin- Shoshone Tribe has lived in and around California, east of the Park; 640 acres kler system. the area that is now Death Valley Na- of land now managed by the Bureau of Nothing is as painful as a senseless tional Park. For many years, the Tribe Land Management in an area identified accident that takes the lives of young sought unsuccessfully to obtain a base as Centennial, California, west of the people. And unfortunately, the Seton of trust land within its aboriginal Park; 2,800 acres of land now managed Hall community is not alone in its homeland area. In 1994, when the Con- grief. In fact, in the last decade, 18 by the Bureau of Land Management gress enacted the California Desert and classified as available for disposal young people lost their lives in dor- Protection Act, P.L. 103–433, it set in mitory fires. We must do all we can to near Scotty’s Junction, Nevada, north- motion a process to address the need of east of the Park; and 2,800 acres now prevent future tragedies. Students the Tribe for a recognized land base. have a fundamental right to pursue an managed by the Bureau of Land Man- Section 705(b) of the Act provided agement and classified as available for education in a safe, secure environ- that— ment. Parents have a right to know disposal near Lida, Nevada, north of The Secretary, in consultation with the the Park. that their children are protected from Timbisha Shoshone Tribe and relevant Fed- harm while on school property. eral agencies, shall conduct a study, subject This legislation also authorizes the That is why I am pleased to be an to the availability of appropriations, to iden- Secretary of the Interior to purchase original cosponsor of this legislation to tify lands suitable for a reservation for the from willing sellers two parcels of ap- provide Federal matching grants for Timbisha Shoshone Tribe that are located proximately 120 acres of former Indian the installation of fire sprinkler sys- within the Tribe’s aboriginal homeland area allotted lands in the Saline Valley, tems in student housing. This bill au- within and outside the boundaries of Death California, at the edge of the Park, and Valley National Monument and the Death thorizes the Secretary of Education, in the 2,430 acre Lida Ranch near Lida, consultation with the U.S. Fire Admin- Valley National Park as described in part A of this subchapter. Nevada. istration, to award grants to equip dor- The legislation would designate an mitories, sorority, and fraternity The study report, which finally was houses with fire sprinkler systems. completed late in 1999, set forth rec- area primarily in the western part of I thank Senator EDWARDS for spon- ommendations for legislation that Death Valley National Park as the soring this important legislation, and I would implement a comprehensive, in- Timbisha Shoshone Natural and Cul- look forward to working with him to tegrated plan for a permanent Home- tural Preservation Area, within which ensure that student housing is as safe land for the Tribe. The legislation that low impact, environmentally sustain- as possible. we introduce today would give sub- able, tribal traditional uses, activities stance to those recommendations. and practices will be authorized subject By Mr. INOUYE (for himself, Mrs. Briefly, the bill provides for the to existing law and a jointly estab- FEINSTEIN, and Mrs. BOXER): transfer of several separate parcels of lished management plan agreed upon

VerDate Mar 15 2010 23:31 Dec 04, 2013 Jkt 081600 PO 00000 Frm 00061 Fmt 4637 Sfmt 0634 E:\2000SENATE\S24FE0.REC S24FE0 mmaher on DSKCGSP4G1 with SOCIALSECURITY S816 CONGRESSIONAL RECORD — SENATE February 24, 2000 by the Tribe, the National Park Serv- decoders’’, frequently by fraud, theft or might have been filled with a diluted ice and the Bureau of Land Manage- false pretenses. These decoders then de- cleaning solution. In addition, this ment. code and otherwise tamper with prod- summer, a leading manufacturer of in- Mr. President, this legislation will at uct labeling to avoid detection so that fant formula used its product codes to long last provide the Timbisha Sho- they may sell these ill-gotten goods to identify and recall 7,000 cases of infant shone Tribe with land on which its unauthorized points of sale. The fright- formula after a labeling error resulted members can live permanently and ening aspect of this activity, Mr. Presi- in distribution of infant formula cans govern their affairs in a modern com- dent, is that a substantial portion of that may have contained an adult nu- munity, and will formally recognize the US-made goods sold by illegitimate tritional supplement that could have the Tribe’s contributions to the his- decoders have been adulterated or oth- been harmful to infants. (USA Today, tory, culture, and ecology of the Death erwise tampered with after manufac- June 9, 1999.) Valley National Park and the sur- ture, and present health and safety An undercover investigation by the rounding area. risks to consumers. Food and Drug Administration’s Office It will ensure that the resources Incredible as it may seem, thieves of Criminal Investigation in New York within the Park are protected and en- routinely tamper with product identi- involved wholesale purchases of expen- hanced by cooperative activities within fication codes on stolen goods; counter- sive fertility drugs. Fraudulent code the Tribe’s ancestral homeland, and by feiters affix fake codes on gray market numbers appeared on the counterfeit partnerships between the Tribe and the goods that are then mixed with coun- packaging containing these injectible National Park Service and the Bureau terfeits; and distributors who have bro- products. Although laboratory analysis of Land Management, all of which will ken their distribution contracts with indicated the presence of the active in- be consistent with the purposes and manufacturers typically obliterate gredient in these products, the FDA values for which the Park was estab- product identification codes. was not able to determine the place or lished. Because gray market activity is conditions of their manufacture be- Mr. President, the legislation we are largely lawful in the US, the diverters’ cause of the absence of legitimate introducing today is incomplete in that distribution channels have been used batch code data. certain map references and specific by professional thieves and counter- Fraudulent product identification acreage numbers are still being deter- feiters to traffic in their illegal mer- coding has even been used in schemes mined by the Department. However, chandise. There appears to be a connec- involving bulk food products such as these are minor concerns that will be tion between counterfeit and decoded metric tons of frozen shrimp. For in- addressed in the coming weeks. It is vi- imports, and anti-counterfeiting en- stance, a Florida indictment charged tally important that this legislation be forcement efforts will be frustrated unan importer with criminal offenses in- introduced so that a hearing can be less greater controls are placed on the volving the repeated ‘‘washing, mixing scheduled and all interested parties importation of such decoded products. and soaking’’ of putrid and decomposed will have the opportunity to review ∑ Regrettably, gray market networks are shrimp in a solution containing copper this measure prior to the hearing. increasingly being used for the dis- sulfate, chlorine, lemon juice and other By Mr. HATCH (for himself and tribution and sale of counterfeit goods. chemicals to conceal the inferiority of Mr. LEAHY): Distributors have been found to sell the product. Central to this scheme S. 2105. A bill to amend chapter 65 of counterfeit goods—from baby shampoo was the ‘‘re-coding’’ of product lots as title 18, United States Code, to prohibit to infant formula to cosmetics and fra- they were repeatedly rejected by buy- the unauthorized destruction, modi- grances—purchased through gray mar- ers, chemically treated, and re-sold to fication, or alteration of product iden- ket channels. others who did not know the products’ tification codes used in consumer prod- In short, Mr. President, goods are de- history. uct recalls, for law enforcement, and coded to hide evidence of fraudulent, In short, without product coding, the for other purposes; to the Committee unlawful conduct and to traffic in sto- task of identifying and recalling defec- on the Judiciary. len, counterfeit, misbranded, out-of- tive goods becomes infinitely more dif- ANTI-TAMPERING ACT OF 2000 date and unlawfully diverted merchan- ficult and often impossible, leaving Mr. HATCH. Mr. President, I rise dise. consumers exposed to potential harm, today to introduce with my good friend Let me offer you a few examples of illness and even death. According to from Vermont, the distinguished Rank- the significant health and safety risks the U.S. Consumer Product Safety ing Minority Member of the Senate Ju- presented by this activity. As noted by Commission, there were 273 product re- diciary Committee, Senator LEAHY, the the International Formula Council, calls last year and, on average, one ‘‘Anti-Tampering Act of 2000.’’ In short, product identification codes are, with- high profile recall each week. this bill prohibits tampering with prod- out question, the single most impor- In addition to the health and safety uct identification codes—a practice tant factor in a successful recall. In re- risks presented by this conduct, Mr. that threatens the health and safety of cent years, this link between product President, there is an additional, US consumers, frustrates legitimate fo- coding and consumer protection has be- equally significant public policy inter- rensic activities of law enforcement, come increasingly evident. Following est served by this bill: codes play a and impairs manufacturers’ ability to the Tylenol poisonings of 1982, product vital part in traditional law enforce- protect their distribution channels, coding enabled Johnson & Johnson to ment activities. They assist law en- thereby exposing them to significant identify the tainted production lots forcement in investigating criminal ac- product liability exposure. and issue a nationwide recall of poten- tivity, and they further aid in tracking Let me take just a moment to ex- tially dangerous products. Similarly, stolen goods. They play a critical role plain the need for this bill. Manufac- the manufacturers of automobiles, in certain criminal investigations, al- turers code their products in order to toys, food products and other consumer lowing law enforcement officers to pin- protect their consumers and to assist goods have consistently relied upon point the location and in some cases— law enforcement in investigating con- product coding to identify and recall including the World Trade Center sumer complaints, as well as in con- goods that fail to meet consumer qual- bombing—the identity of the offender. ducting recalls of tampered products. ity and safety standards. In cases of stolen or tainted goods, These codes assist the manufacturer Last year, the FDA used product product codes point to the source of and law enforcement in tracing goods codes to quickly identify a shipment of the product and the site of the crime. back to a particular lot, batch or date contaminated strawberries that had Unfortunately, Mr. President, there of production. They include batch caused an outbreak of hepatitis in is no single federal statute that ade- codes, expiration dates, lot numbers, Michigan schools. More recently, the quately addresses the problem of prod- and other information that one can Slim Fast Corporation relied on product identification code tampering of all typically see imprinted on the bottom uct codes to identify and recall 192,000 consumer products. Federal law only or side of most products. cans of its ready-to-drink diet shakes applies to a limited category of con- Legitimate goods produced by manu- because, according to the New York sumer products. Moreover, federal law facturers are obtained by ‘‘illegitimate Times (Apr. 18, 1999), some of the cans only applies if the decoder or tamperer

VerDate Mar 15 2010 23:31 Dec 04, 2013 Jkt 081600 PO 00000 Frm 00062 Fmt 4637 Sfmt 0634 E:\2000SENATE\S24FE0.REC S24FE0 mmaher on DSKCGSP4G1 with SOCIALSECURITY February 24, 2000 CONGRESSIONAL RECORD — SENATE S817 exhibits criminal intent to harm the up or styles change. Manufacturers and SECTION 1. SHORT TITLE. consumer. It does not address the vast retailers will continue to discount This Act may be cited as the majority of decoding cases that could when this bill is enacted. But con- ‘‘Antitampering Act of 2000’’. SEC. 2. PROHIBITION OF UNAUTHORIZED ALTER- result in harm to the consumer, but do sumers will have greater assurance ATION OF PRODUCT IDENTIFICA- not involve the specific intent to harm that the discount they are receiving is TION CODES. the consumer. Moreover, violations of not coming with an offsetting risk that (a) IN GENERAL.—Chapter 65 of title 18, current federal law result in only a the product is contaminated or defec- United States Code, is amended by inserting misdemeanor. tive. after section 1365 the following: By criminalizing tampering with Finally, Mr. President, some argue ‘‘§ 1365A. Tampering with product identifica- product identification codes, we hope that the bill’s application to all prod- tion codes to send a clear message to the profes- ucts is unnecessarily broad. The bill’s ‘‘(a) DEFINITIONS.—In this section— sional criminals: We value the lives ‘‘(1) the term ‘consumer’— several important public policy goals ‘‘(A) means— and well being of Americans and will require that it apply to all products. ‘‘(i) the ultimate user or purchaser of a not tolerate this conduct any more on Let me explain why. The bill is in- good; or our soil. You, the professional crimi- tended to ensure effective and targeted ‘‘(ii) any hotel, restaurant, or other pro- nal, will persist in this activity at your product recalls, to enhance law en- vider of services that must remove or alter economic and personal peril. forcement investigations, and to pro- the container, label, or packaging of a good Under the bill, tampering with prod- tect American consumers and the le- in order to make the good available to the uct codes of pharmaceuticals, over-the- gitimate businesses who serve them ultimate user or purchaser; and ‘‘(B) does not include any retailer or other counter medicines consumer products, from the depredations of illegitimate distributor who acquires a good for resale; health and beauty aids, and other diverters. Product recalls apply to all ‘‘(2) the term ‘flea market’ means any loca- goods will constitute a criminal of- products and law enforcement inves- tion, other than a permanent retail store, at fense. Criminalizing this conduct will tigations implicate all products. For which space is rented or otherwise made result in strengthened law enforcement instance, the codes on the batteries in available for the conduct of business of a tools, greater consumer protections the Olympic Park bombing in Atlanta, transient or limited vendor; and greater security for manufactur- Georgia were used to exonerate the se- ‘‘(3) the term ‘good’ means any article, ers’ products. product, or commodity that is customarily curity guard then under suspicion in produced or distributed for sale, rental, or li- Mr. President, I believe it would be that case, Richard Jewell. The code on censing in interstate or foreign commerce, instructive to identify what this bill the microprocessor chip on the bomb in and any container, packaging, label, or com- does not do, as there has been some the Pan Am air crash linked the bomb- ponent thereof; misinformation about this measure. ing to terrorists. And even on a more ‘‘(4) the term ‘manufacturer’ means— The bill does not restrict, prohibit, pedestrian level, the code on a crowbar ‘‘(A) the original manufacturer of a good; criminalize or otherwise impair lawful, in a recent New York burglary led po- and ‘‘(B) any duly appointed agent or rep- arms-length diversion activity. In lice to the criminal. short, Mr. Chairman, the bill does not resentative of that manufacturer acting So, Mr. President, I am pleased to in- within the scope of its agency or representa- affect the legality or illegality of the troduce this important measure today. tion; gray market. It simply prohibits tam- It enjoys the strong backing of the Co- ‘‘(5) the term ‘product identification pering with product identification alition Against Product Tampering code’— codes. Diverters can continue to en- (CAPT). The CAPT is a coalition of pri- ‘‘(A) means any visible number, letter, gage in parallel importing to the same vate sector companies, consumer symbol, marking, date (including an expira- extent after passage of this measure as groups, unions and law enforcement tion date), or code that is affixed to or em- they have in the past. However, to be bedded in any good, by which the manufac- agencies which are concerned about turer of the good may trace the good back to clear, Mr. Chairman, they must do so product decoding and product tam- a particular lot, batch, date of production, or without obliterating the product iden- pering and the role these activities date of removal; tification codes or affixing fake codes play in fueling and supporting other ‘‘(B) does not include— on the goods. criminal enterprises, including money ‘‘(i) copyright management information Moreover, unintentional acts of de- laundering, organized retail theft, and (as defined in section 1202(c) of title 17) con- coding or other activities associated counterfeiting. I would ask unanimous veyed in connection with copies or with decoded products are not subject consent, Mr. President, that the phonorecords of a copyrighted work or any performance or display of a copyrighted to criminal or civil action, because the CAPT’s membership list be included in bill provides for a knowledge standard work; the record after my remarks. I have re- ‘‘(ii) other codes or markings on the good; and protection for innocent violators. ceived numerous members of this group or Thus, the innocent store clerk who expressing their support for the legisla- ‘‘(iii) a Universal Product Code; and merely scans merchandise at the check tion introduced today. ‘‘(C) does not include any trademark or out counter and unwittingly permits In conclusion, Mr. President, law en- copyright notice by itself or any item listed the sale of decoded merchandise need forcement, consumer groups, unions, in subparagraph (A) that is affixed to, super- not worry. Nor should either the inno- and others agree with me that inten- imposed on, or embedded in a trademark or cent trucker who transports this mer- tional decoding of products threatens copyright notice; chandise or the innocent distributor ‘‘(6) the term ‘transient or limited vendor’ the health and safety of American con- does not include a person who sells by sam- who engages in distributing this mer- sumers. According to the National As- ple, catalog, or brochure for future delivery chandise to the retailer have cause for sociation of Manufacturers, manufac- to the purchaser; concern. turers cannot conceive of a single le- ‘‘(7) the term ‘Universal Product Code’ Others have expressed concern that gitimate reason to decode products. means a 12-digit, all numeric code that iden- enactment of the bill will result in the Nor can I. The ‘‘Anti-Tampering Act of tifies the consumer package consisting of— end of discount retailers and discount 2000’’ I am introducing today is a nar- ‘‘(A) a 1-digit number system character; prices. It is difficult to understand this rowly tailored approach to this prob- ‘‘(B) a 5-digit manufacturer identification number; objection. I cannot conceive why dis- lem and should be enacted. counting would require altering the ex- ‘‘(C) a 5-digit item code; I ask unanimous consent that the ‘‘(D) a 1-digit check number; and piration dates or the source identifiers text of the bill and a section-by-section ‘‘(E) the bar code symbol that encodes the of the goods, unless all discounts are il- analysis of the legislation appear in 12-digit Universal Product Code; and legally diverted or are product that the RECORD. ‘‘(8) the term ‘value’ means the face, par, should be recalled. But risking the There being no objection, the mate- or market value, whichever is the greatest. health and safety of American con- rial was ordered to be printed in the ‘‘(b) PROHIBITED ACTS.—Except as provided in subsection (d) or as otherwise expressly sumers, or selling them inferior or fake RECORD, as follows: authorized under any other provision of Fed- goods to keep alive a certain brand of S. 2105 eral law, it shall be unlawful for any person, ‘‘discounting’’ does not seem like much Be it enacted by the Senate and House of Rep- other than the consumer or the manufac- of a bargain to me. Discounts are rou- resentatives of the United States of America in turer of a good, knowingly and without the tinely offered when inventories build Congress assembled, authorization of the manufacturer—

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‘‘(1) to directly or indirectly alter, conceal, ‘‘(e) CRIMINAL PENALTIES.—Any person who court determines to be reasonable to prevent remove, obliterate, deface, strip, or peel any willfully violates this section— or restrain the violation; product identification code affixed to or em- ‘‘(1) shall be fined under this title, impris- ‘‘(B) at any time while the action is pend- bedded in a good and visible to the consumer; oned not more than 1 year, or both; ing, order the impounding of the goods af- ‘‘(2) to directly or indirectly affix to or ‘‘(2) shall be fined under this title, impris- fected— embed in a good a product identification oned not more than 5 years, or both, if the ‘‘(i) if the court has reasonable cause to be- code that is visible to the consumer and that total value of the good or goods involved in lieve the goods were involved in the viola- is intended by the manufacturer for a dif- the violation is greater than $10,000; tion; ferent good, such that the code no longer ac- ‘‘(3) shall be fined under this title, impris- ‘‘(ii) upon the posting of a bond at least curately identifies the lot, batch, date of oned not more than 10 years, or both, if— equal to the value of the goods affected; and production, or date of removal of the good; ‘‘(A) the person acts with reckless dis- ‘‘(iii) on other terms such as the court de- ‘‘(3) to directly or indirectly affix to or regard for the health or safety of the public termines to be reasonable; and embed in a good any number, letter, symbol, and under circumstances manifesting ex- ‘‘(C) as part of a final judgment or decree, marking, date, or code intended to simulate treme indifference to such risk; and in the court’s discretion— a product identification code that is other- ‘‘(B) the violation threatens the health or ‘‘(i) order the destruction of any good in- wise visible to the consumer; safety of the public; volved in the violation or that has been im- ‘‘(4) to import, reimport, export, sell, offer ‘‘(4) shall be fined under this title, impris- pounded under subparagraph (B); for sale, hold for sale, distribute, or broker a oned not more than 20 years, or both, if— ‘‘(ii) order the disposal of the good— ‘‘(A) the person acts with reckless dis- good— ‘‘(I) by delivery to such Federal, State, or regard for the risk that another person will ‘‘(A) in a case in which the person knows local government agencies as, in the opinion be placed in danger of death or bodily injury that the product identification code, which of the court, have a need for such good; or and under circumstances manifesting ex- otherwise would be visible to the consumer, ‘‘(II) by gift to such charitable or nonprofit treme indifference to such risk; and has been altered, concealed, removed, oblit- institutions as, in the opinion of the court, ‘‘(B) serious bodily injury to any individual erated, defaced, stripped, peeled, affixed, or have a need for such good, if such disposition results; embedded in violation of paragraph (1) or (2); would not otherwise be in violation of law, or ‘‘(5) shall be fined under this title, imprisoned for any term of years or for life, or and if the manufacturer consents to such dis- ‘‘(B) in a case in which the person knows position; or that the good bears a number, letter, sym- both, if— ‘‘(A) the person acts with reckless dis- ‘‘(iii) order the return of the goods in- bol, marking, date, or code in violation of volved in the violation to the manufacturer paragraph (3); or regard for the risk that another person will be placed in danger of death or bodily injury upon the request of any interested party. ‘‘(5) to sell, offer for sale, or knowingly ‘‘(3) DAMAGES.— permit the sale at a flea market of— and under circumstances manifesting extreme indifference to such risk; and ‘‘(A) IN GENERAL.—Subject to subparagraph ‘‘(A) baby food, infant formula, or any (B), in any action under paragraph (1), the other similar product manufactured and ‘‘(B) the death of an individual results; and ‘‘(6) with respect to any second or subse- plaintiff shall be entitled to recover— packaged for sale for consumption by a child quent violation of this section, be convicted ‘‘(i) the actual damages suffered by the who is less than 3 years of age; or of a felony, and be subject to twice the max- plaintiff as a result of the violation, and; ‘‘(B) any food, drug, device, or cosmetic (as imum term of imprisonment that would oth- ‘‘(ii) any profits of the violator that are at- those terms are defined in section 201 of the erwise be imposed under this subsection, tributable to the violation and are not taken Federal Food, Drug, and Cosmetic Act (21 fined under this title, or both. into account in computing the actual dam- U.S.C. 321)); ‘‘(f) INJUNCTIONS AND IMPOUNDING, FOR- ages. unless that person keeps for public inspec- FEITURE, AND DISPOSITION OF GOODS.— ‘‘(B) STATUTORY DAMAGES.—In any action tion written documentation identifying such ‘‘(1) INJUNCTIONS AND IMPOUNDING.—In any under paragraph (1), the plaintiff may elect, person as an authorized representative of the prosecution under this section, upon motion at any time before final judgment is ren- manufacturer or distributor of the food, of the United States, the court may— dered, to recover, instead of actual damages drug, device, or cosmetic. ‘‘(A) grant 1 or more temporary, prelimi- and profits described in subparagraph (A), an ‘‘(c) APPLICABILITY.—The prohibitions set nary, or permanent injunctions on such award of statutory damages for any viola- forth in paragraphs (1) through (4) of sub- terms as the court determines to be reason- tion under this section in an amount equal section (b) shall apply to visible product able to prevent or restrain the alleged viola- to— identification codes (or simulated product tion; and ‘‘(i) not less than $500 and not more than identification codes in a case to which sub- ‘‘(B) at any time during the proceedings, $100,000, with respect to each type of goods section (b)(3) applies) affixed to, or embedded order the impounding, on such terms as the involved in the violation; and in, any good held for sale or distribution in court determines to be reasonable, of any ‘‘(ii) if the court finds that the violation interstate or foreign commerce or after ship- good that the court has reasonable cause to threatens the health and safety of the public, ment therein, including any good held in a believe was involved in the violation. not less than $5,000 and not more than United States Customs Service bonded ware- ‘‘(2) FORFEITURE AND DISPOSITION OF $1,000,000, with respect to each type of good house or foreign trade zone. GOODS.—Upon conviction of any person of a involved in the violation. ‘‘(d) EXCEPTIONS.— violation of this section, the court shall— ‘‘(C) PROOF OF DAMAGES.—In establishing ‘‘(1) UNIVERSAL PRODUCT CODE CODES.— ‘‘(A) order the forfeiture of any good in- the violator’s profits, the plaintiff shall be Nothing in this section prohibits a person volved in the violation or that has been im- required to present proof only of the viola- from affixing a Universal Product Code, se- pounded under paragraph (1)(B); and tor’s sales, and the violator shall be required curity tag, or other legitimate pricing or in- ‘‘(B) either— to prove all elements of cost or deduction ventory code or other information required ‘‘(i) order the destruction of each good for- claimed. by Federal or State law, if such code or in- feited under subparagraph (A); ‘‘(4) COSTS AND ATTORNEY’S FEES.—In any formation does not (or can be removed so as ‘‘(ii) order the disposal of the good by de- action under paragraph (1), in addition to not to) permanently alter, conceal, remove, livery to such Federal, State, or local gov- any damages recovered under paragraph (3), obliterate, deface, strip, or peel any product ernment agencies as, in the opinion of the the court in its discretion may award the identification code. court, have a need for such good, or by gift prevailing party its costs of the action and ‘‘(2) REPACKAGING FOR RESALE.—Nothing in to such charitable or nonprofit institutions its reasonable attorney’s fees. this section prohibits a person from remov- as, in the opinion of the court, have a need ‘‘(5) REPEAT VIOLATIONS.— ing a good from a primary package or con- for such good; or ‘‘(A) TREBLE DAMAGES.—In any case in tainer and repackaging the good in another ‘‘(iii) order the return of the goods in- which a person violates this section within 3 package or container, or from placing a good volved upon the request of any interested years after the date on which a final judg- and its original packaging within new pack- party. ment was entered against that person for a aging, if— ‘‘(g) CIVIL REMEDIES.— previous violation of this section, the court, ‘‘(A) the good retains its original product ‘‘(1) IN GENERAL.—Any person who is in- in an action brought under this subsection, identification code, which has not been per- jured by a violation of this section, or dem- may increase the award of damages for the manently altered, concealed, or removed; onstrates the likelihood of such injury, may later violation to not more than 3 times the ‘‘(B) the repackaging is in full compliance bring a civil action in an appropriate district amount that would otherwise be awarded with all applicable Federal laws and regula- court of the United States against the al- under paragraph (3), as the court considers tions, including section 301 of the Federal leged violator. appropriate. Food, Drug, and Cosmetic Act (21 U.S.C. 331); ‘‘(2) INJUNCTIONS AND IMPOUNDING AND DIS- ‘‘(B) BURDEN OF PROOF.—A plaintiff that and POSITION OF GOODS.—In any action under seeks damages as described in subparagraph ‘‘(C) a new package includes a label that paragraph (1), the court may— (A) shall bear the burden of proving the ex- clearly states— ‘‘(A) grant 1 or more temporary, prelimi- istence of the earlier violation. ‘‘(i) that the good has been repackaged; nary, or permanent injunctions upon the ‘‘(6) LIMITATIONS ON ACTIONS.—No civil ac- and posting of a bond at least equal to the value tion may be commenced under this section ‘‘(ii) the name of the repacker. of the goods affected on such terms as the later than 3 years after the date on which

VerDate Mar 15 2010 23:31 Dec 04, 2013 Jkt 081600 PO 00000 Frm 00064 Fmt 4637 Sfmt 0634 E:\2000SENATE\S24FE0.REC S24FE0 mmaher on DSKCGSP4G1 with SOCIALSECURITY February 24, 2000 CONGRESSIONAL RECORD — SENATE S819 the claimant discovers or has reason to know Abott Laboratories tification codes, as well as the affixing of of the violation. American Home Products Corp. fake codes, as follows: ‘‘(7) INNOCENT VIOLATIONS.—In any action Allied Domecq Spirits & Wine (USA) Section 1365A(a). Definitions. New section under paragraph (1), the court in its discre- Bose Corporation 1365A(a) of Title 18 sets forth the definitions tion may reduce or remit the total award of Bristol-Myers Squibb Co. of the relevant terms used in new section damages or award no damages in any case in Chanel, Inc. 1365A. By definition, the prohibitions con- which the violator sustains the burden of Compar tained in the bill would not apply to the ulti- proving, and the court finds, that the viola- Converse Inc. mate user or purchaser of the good, to any tor was not aware and had no reason to be- Cosmair hotel, restaurant or other provider of serv- lieve that the acts of the violator con- Estee Lauder, Inc. ices that alters the packaging in order to stituted a violation. Ford Motor Company make it available to the ultimate consumer, ‘‘(h) ENFORCEMENT ACTIONS.— Giorgio or any retailer or distributor who acquires a ‘‘(1) IN GENERAL.—Subject to paragraphs (2) Givenchy good for resale. and (3), the Attorney General and the Sec- Intel Corporation Under this subsection, the definition of retary of the Treasury shall enforce the re- International Business Machines Corp. product identification code includes any visi- quirements of this section. John Paul Mitchell Systems ble number, letter, symbol, marking, date ‘‘(2) AGENCY DISCRETION.—The head of a de- Joseph E. Seagram & Sons, Inc. (including an expiration date), or code that partment or agency of the Federal Govern- Matrix Essentials is affixed to or embedded in any good by ment (including the Commissioner of Food Maytag Corporation which the manufacturer may trace the good and Drugs and the Secretary of Agriculture) Motorola, Inc. back to a particular lot, batch, date of pro- may investigate any violation of this section NEXXUS Products Co. duction or date of removal. It specifically ex- involving a good that is regulated by a provi- Nocopi Technologies, Inc. cludes (1) copyright management informa- sion of law administered by that department Novartis tion conveyed in connection with copies or or agency. Novell, Inc. phonorecords of a copyrighted work or ‘‘(3) CUSTOMS SERVICE.— O.C. Tanner Company encryption information, (2) any or all other ‘‘(A) IN GENERAL.—The United States Cus- Optical Security Inc. codes or markings on the good, (3) a Uni- toms Service shall— Oreck Corporation versal Product Code, and (4) trademark or ‘‘(i) seize any good imported, reimported, Pfizer Inc. copyright notices, including notices that are or offered for import into the United States Rolex Watch U.S.A., Inc. affixed to, superimposed on or embedded in in violation of subsection (b)(4); SICPA product identification codes. ‘‘(ii) promptly notify the manufacturer or Stanley Works Section 1365A(b). Prohibited Acts. Section duly appointed agent or representative of the The Proctor & Gamble Company 1365A(b) sets forth the activities that are seizure; and Warner-Lambert Co. prohibited. It seeks to target and prohibit ‘‘(iii) destroy or dispose of the goods in ac- American Academy of Pediatrics each phase of the decoding process—the act cordance with the procedures set forth in American College of Nurse-Midwives of decoding, the affixing of fake codes, and section 526(e) of Tariff Act of 1930 (19 U.S.C. American Beauty Association the distribution of the decoded or falsely 1526(e)). American Health and Beauty Aids Institute coded product. The bill includes a knowledge ‘‘(B) VOLUNTARY DISCLOSURES.—In order to American Home Appliances Association standard that applies throughout the decod- assist the United States Customs Service in American Watch Association ing to distribution process. carrying out its obligations under this para- Association of Women’s Health, Obstetric Specifically, this subsection prohibits the graph, any domestic or foreign manufacturer and Neonatal Nurses intentional alteration or removal of any may voluntarily record with the United Coalition to Preserve the Integrity of Amer- visible product identification code. It also States Customs Service— ican Trademarks prohibits the intentional affixing of any fake ‘‘(i) its name and address; Consumer Electronic Manufacturers Associa- or simulated code upon any good, label, con- ‘‘(ii) a description of its goods and product tion tainer, packaging, or component thereof. identification codes; and Consumer Health Care Products Association The prohibition does not apply to the origi- ‘‘(iii) such other information as may facili- Cosmetic, Toiletry and Fragrance Associa- nal manufacturer or the final consumer. This tate the enforcement of this section.’’. tion subsection further prohibits the importation, (b) CONFORMING AMENDMENT.—The table of Distilled Spirits Council of the United re-importation, exportation, sale, offering or sections for chapter 65 of title 18, United States, Inc. holding for sale, distribution, or brokering of States Code, is amended by inserting after Grocery Manufacturers of America goods or components thereof whose product the item relating to section 1365 the fol- International Formula Council identification codes have been altered, con- lowing: National Association of Beverage Importers cealed, removed or falsified. In addition, this subsection prohibits sell- ‘‘1365A. Tampering with product identifica- National Association of Manufacturers ing, offering for sale, or knowingly permit- tion codes.’’. National Association of Neonatal Nurses ting the sale at flea markets of certain prod- (c) REGULATORY AUTHORITY.—Not later National Association of Wholesaler-Distribu- ucts, including baby food, infant formula, than 6 months after the date of enactment of tors and other products covered by the Federal this Act, the Attorney General, after con- National Food Processors Association Food, Drug, and Cosmetic Act, except by au- sultation with the Secretary of the Treas- Wine and Spirits Wholesalers of America, thorized representatives of the manufacturer ury, the Commissioner of Food and Drugs, Inc. and the head of any other department or or distributor. CONSUMER GROUPS AND UNIONS agency of the Federal Government that the Section 1365A(c). Applicability to Goods Attorney General determines to be appro- National Consumers League Held in Free Trade Zones. Section 1365A(c) priate, shall issue such rules and regulations PACE, Paper, Allied-Industrial, Chemical & extends the prohibitions against decoding as may be necessary to implement section Energy Workers International Union, and false coding to all goods held for sale or 1365A of title 18, United States Code, as AFL–CIO distribution in interstate or foreign com- added by this section. Service Employees International Union, merce, including goods held in Customs SEC. 3. ATTORNEY GENERAL REPORTING RE- AFL–CIO bonded warehouses and free trade zones. Section 1365A(d). Exclusions. The bill ex- QUIREMENTS. U.S. LAW ENFORCEMENT Section 2320(f) of title 18, United States cludes from section 1365A the act of affixing Construction Industry’s Crime Prevention genuine Universal Product Codes, security Code, is amended— Program of Southern California (1) by striking ‘‘of title 18’’ each place that tags or other legitimate pricing or inventory Fraternal Order of Police codes that can be removed without damaging term appears; Ohio Patrolmen’s Benevolent Association (2) by inserting ‘‘tampering with product the product identification code. It also ex- identification codes (as defined in section cludes from section 1365A certain types of re- THE ‘‘ANTI-TAMPERING ACT OF 1000’’— packaging activities. The bill will permit the 1365A),’’ after ‘‘involve’’; and SECTION-BY-SECTION ANALYSIS (3) in paragraph (4), by inserting ‘‘1365A,’’ removal of shipping containers and the re- after ‘‘sections’’. SECTION 1. SHORT TITLE packaging of goods for the purpose of selling SEC. 4. EFFECTIVE DATE. The bill may be cited as the ‘‘Anti-Tam- the goods in different quantities. The excep- This Act and the amendments made by pering Act of 2000.’’ tion would apply only if each retail item retains its original product identification code, this Act shall take effect 6 months after the SECTION 2. UNAUTHORIZED ALTERATION OF the repackaging is in full compliance with date of enactment of this Act. PRODUCT IDENTIFICATION CODES PROHIBITED all applicable laws and regulations, and the SUPPORTERS OF THE ANTI-TAMPERING ACT OF Subsection (a). In general new package includes a label stating that 1999 Section 2 of the bill amends Title 18 of the the good has been repackaged and containing MANUFACTURERS AND BUSINESS TRADE United States Code to create a new section the name of the repacker. ASSOCIATIONS 1365A prohibiting for all goods the inten- Section 1365A(e). Criminal penalties. Sec- 3M tional removal or alteration of product iden- tion 1365A(e) imposes criminal penalties on

VerDate Mar 15 2010 23:31 Dec 04, 2013 Jkt 081600 PO 00000 Frm 00065 Fmt 4637 Sfmt 0634 E:\2000SENATE\S24FE0.REC S24FE0 mmaher on DSKCGSP4G1 with SOCIALSECURITY S820 CONGRESSIONAL RECORD — SENATE February 24, 2000 any person who knowingly and willfully en- dispose of such goods. In order to facilitate This bill contains significant im- gages in decoding violations. This subsection this Customs seizure, the manufacturer provements over a version introduced imposes fines pursuant to the schedule of would be permitted to record with the Cus- in the other body some time ago. fines set forth in Title 18. A person violating toms Service any relevant information con- Wholesalers were worried that they the Act could be imprisoned up to one year cerning product identification codes. could not repackage goods—together for the first offense; up to 5 years if the value Subsection (b). Conforming amendments into ‘‘sale baskets’’—to be sold at dis- of the goods exceed $10,000; up to 10 years if Subsection (b) makes a conforming amend- the violation threatens public health and ment to Title 18 to include the title of new count prices. This bill permits the re- safety; up to 20 years if the violation results section 1365A in the table of sections for sale of products at discounted prices. in bodily injury; and up to life imprisonment chapter 65 of Title 18. Each individual item would have to if a death results from the violation. If there Subsection (c). Regulatory authority keep the original code but the prices are subsequent violations, the bill imposes Subsection (c) of the bill requires the At- could be changed depending on com- twice the term of imprisonment that would petitive market forces. otherwise be imposed. torney General, after consultation with the Section 1365A(f). Injunctions and Impound- Secretary of the Treasury, the FDA Commis- It is important that manufacturers ing, Forfeiture, and Disposition of Goods. sioner, and the head of any other department not be able to control prices by oper- This section authorizes the court in its dis- or agency of the Federal Government the At- ation of this bill. Consumers interested cretion, upon motion of the United States, to torney General determines appropriate, to in bargains need to be able to get the grant injunctive relief to prevent or restrain issue regulations implementing new section best bargain they can get. This bill the alleged violation, and impound goods 1365A of Title 18 within six months of enact- does not prevent the reselling of over- ment. that the court has reasonable cause to be- stocked, or other, goods to discount re- SECTION 3. ATTORNEY GENERAL REPORTING lieve are involved in the violation. This sec- tailers. REQUIREMENTS tion also requires the court upon conviction The bill also makes clear that any in- to order the forfeiture of any goods involved Section 3 of the bill requires the Attorney in the violation and either the destruction, General to include in his or her reports to nocent alterations of product identi- disposal or return of the goods involved. Congress on the business of the Department fication codes are not subject to the Section 1365A(g). Civil Remedies. Section of Justice all actions taken by the Depart- criminal provisions. 1365A(g) provides consumers and manufac- ment regarding product decoding. The bill contains a provision unre- turers who are injured or threatened with in- SECTION 4. EFFECTIVE DATE lated to product identification codes jury with a civil right of action against per- Section 4 of the bill states that the bill which I want to discuss for a moment. sons who knowingly engage in decoding ac- will become effective six months after enact- The bill prohibits at flea markets the tivities. Paragraph (2) further authorizes the court ment. sale of baby food, infant formula, or at its discretion to issue injunctions, and to Mr. LEAHY. Mr. President, I am similar products made for consumption impound the goods in the custody of the de- joining forces with my good friend Sen- of children under three years of age. It fendant. As part of a final judgment or de- ator HATCH on a Judiciary Committee also prohibits the sale of drugs, med- cree, the court may order the destruction, bill that would prohibit improper tam- ical foods, cosmetics, and medical de- disposal or return to the manufacturer of the pering with product identification vices as defined in the Federal Food, goods involved in the violation of this sec- codes. Drug and Cosmetic Act at flea markets tion. The goods may also be delivered to a unless the seller keeps for public in- government agency or provided as gifts to Manufacturers code their products in charitable institutions, if the manufacturer order to protect their consumers and to spection written documentation identi- consents to the disposition. assist law enforcement in investigating fying the seller person as an authorized Paragraph (3) sets forth the civil damages consumer complaints, as well as in con- representative of the manufacturer or available to persons injured or who can dem- ducting recalls of tampered products. distributor of the food, drug, device, or onstrate the likelihood of injury by viola- These codes assist the manufacturer cosmetic. tions of the Act. These damages include ac- and law enforcement in tracing goods This appears to be a reasonable pol- tual damages and profits, or, upon election back to a particular lot, batch or date icy but I am very interested in the by the plaintiff, statutory damages in an views of my colleagues on this matter amount not less than $500 and not more than of production. They include batch $100,000 for each type of goods involved in the codes, expiration dates, lot numbers, as there may be other ways to achieve violation. Available statutory damages are and other information that one can the goals of these flea market provi- increased to not less than $5,000 and not typically see imprinted on the bottom sions. I intend to work closely with the more than $1,000,000 in cases in which the or side of most products. Committee Chairman, Senator HATCH, violation threatens the health and safety of This product identification codes are and my other colleagues regarding this the public. In addition, paragraph (5) allows extremely important in terms of prod- bill. the civil plaintiff to seek treble damages in uct recall. There were over 250 product the event of repeat violations made within 3 f recalls last year—including two recent years of the original violation. Paragraph (7) ADDITIONAL COSPONSORS also authorizes the court to reduce or elimi- product recalls, one of ready-to-eat S. 282 nate the total damages award, or award no diet shakes and the other regarding the damages, if the violator sustains the burden recall of 7,000 cases of infant formula. At the request of Mr. MACK, the name of proving, and the court finds, that the vio- Also, product codes were of great help of the Senator from Idaho (Mr. CRAIG) lator was not aware and had not reason to regarding the Tylenol poisonings of was added as a cosponsor of S. 282, a believe the acts of the violator constituted a 1982 and the contaminated strawberry bill to provide that no electric utility violation. incident in Michigan in which school shall be required to enter into a new Paragraph (4) provides that the court in its children became ill. contract or obligation to purchase or discretion may award the prevailing party to sell electricity or capacity under its costs and attorneys’ fees. Forensic experts have used product Paragraph (6) imposes a three-year statute identification codes in investigating section 210 of the Public Utility Regu- of limitations on the filing of a civil action. numerous crimes including the bomb- latory Policies Act of 1978. The limitation begins running from the date ing of the World Trade Center in New S. 285 on which the claimant discovers or has rea- York City. Sometimes product codes At the request of Ms. COLLINS, her son to know of the violation. are used to exonerate the innocent. For name was added as a cosponsor of S. Section 1365A(h). Enforcement actions. 285, a bill to amend title II of the So- Section 1365A(h) requires the Attorney Gen- example, the product codes in the bat- eral and Secretary of Treasury to enforce the teries involved in the Olympic Park, cial Security Act to restore the link requirements of this new section of Title 18. Atlanta, bombing helped exonerate the between the maximum amount of earn- It also authorizes the head of a department security guard, Richard Jewell, under ings by blind individuals permitted or agency of the Federal Government (in- suspicion in that case. without demonstrating ability to en- cluding the Secretary of Agriculture and the Product codes have been fraudulently gage in substantial gainful activity and Commissioner of the Food and Drug Admin- altered regarding medicines, fertility the exempt amount permitted in deter- istration) to investigate alleged violations drugs, and even bulk frozen shrimp. mining excess earnings under the earn- involving goods regulated by their respective This makes it very difficult to trade ings test. agencies. This section also requires Customs Service back these products and to determine S. 353 officials to seize decoded products, notify the their safety. This bill addresses those At the request of Mr. GRASSLEY, the manufacturer of such seizure, and destroy or concerns. name of the Senator from Michigan

VerDate Mar 15 2010 23:31 Dec 04, 2013 Jkt 081600 PO 00000 Frm 00066 Fmt 4637 Sfmt 0634 E:\2000SENATE\S24FE0.REC S24FE0 mmaher on DSKCGSP4G1 with SOCIALSECURITY February 24, 2000 CONGRESSIONAL RECORD — SENATE S821 (Mr. ABRAHAM) was added as a cospon- Act to establish certain requirements Carolina (Mr. EDWARDS) was added as a sor of S. 353, a bill to provide for class regarding the Food Quality Protection cosponsor of S. 1900, a bill to amend the action reform, and for other purposes. Act of 1996, and for other purposes. Internal Revenue Code of 1986 to allow S. 577 S. 1642 a credit to holders of qualified bonds At the request of Mr. HUTCHINSON, his At the request of Mr. COCHRAN, the issued by Amtrak, and for other pur- name was added as a cosponsor of S. names of the Senator from Indiana poses. 577, a bill to provide for injunctive re- (Mr. LUGAR) and the Senator from S. 1921 lief in Federal district court to enforce Georgia (Mr. CLELAND) were added as At the request of Mr. CAMPBELL, the State laws relating to the interstate cosponsors of S. 1642, a bill to amend name of the Senator from Montana transportation of intoxicating liquor. part F of title X of the Elementary and (Mr. BURNS) was added as a cosponsor of S. 1921, a bill to authorize the place- S. 860 Secondary Education Act of 1965 to im- ment within the site of the Vietnam At the request of Mr. GRAHAM, the prove and refocus civic education, and for other purposes. Veterans Memorial of a plaque to name of the Senator from Illinois (Mr. honor Vietnam veterans who died after DURBIN) was added as a cosponsor of S. S. 1680 their service in the Vietnam war, but 860, a bill to require country of origin At the request of Mr. ASHCROFT, the as a direct result of that service. labeling of perishable agricultural name of the Senator from Virginia (Mr. S. 1969 commodities imported into the United ROBB) was added as a cosponsor of S. At the request of Mr. CRAIG, the States and to establish penalties for 1680, a bill to provide for the improve- name of the Senator from Minnesota violations of the labeling requirement of the processing of claims for (Mr. GRAMS) was added as a cosponsor ments. veterans compensation and pensions, of S. 1969, a bill to provide for improved S. 882 and for other purposes. management of, and increases account- At the request of Mr. MURKOWSKI, the S. 1690 ability for, outfitted activities by name of the Senator from Kansas (Mr. At the request of Mr. MACK, the name which the public gains access to and BROWNBACK) was added as a cosponsor of the Senator from South Dakota (Mr. occupancy and use of Federal land, and of S. 882, a bill to strengthen provisions DASCHLE) was added as a cosponsor of for other purposes. in the Energy Policy Act of 1992 and S. 1690, a bill to require the United S. 2003 the Federal Nonnuclear Energy Re- States to take action to provide bilat- At the request of Mr. JOHNSON, the search and Development Act of 1974 eral debt relief, and improve the provi- name of the Senator from Texas (Mrs. with respect to potential Climate sion of multilateral debt relief, in HUTCHISON) was added as a cosponsor of Change. order to give a fresh start to poor coun- S. 2003, a bill to restore health care S. 1016 tries. coverage to retired members of the At the request of Mr. DEWINE, the S. 1706 uniformed services. name of the Senator from Illinois (Mr. At the request of Mrs. HUTCHISON, the S. 2026 DURBIN) was added as a cosponsor of S. name of the Senator from Minnesota At the request of Mrs. BOXER, the 1016, a bill to provide collective bar- (Mr. GRAMS) was added as a cosponsor name of the Senator from Massachu- gaining for rights for public safety offi- of S. 1706, a bill to amend the Federal setts (Mr. KERRY) was added as a co- cers employed by States or their polit- Water Pollution Control Act to exclude sponsor of S. 2026, a bill to amend the ical subdivisions. from stormwater regulation certain Foreign Assistance Act of 1961 to au- S. 1037 areas and activities, and to improve thorize appropriations for HIV/AIDS ef- At the request of Mrs. BOXER, the the regulation and limit the liability of forts. name of the Senator from Iowa (Mr. local governments concerning co-per- S. CON. RES. 34 HARKIN) was added as a cosponsor of S. mitting and the implementation of At the request of Mr. SPECTER, the 1037, a bill to amend the Toxic Sub- control measures. names of the Senator from Nebraska stances Control Act to provide for a S. 1763 (Mr. HAGEL) and the Senator from Ha- waii (Mr. INOUYE) were added as co- gradual reduction in the use of methyl At the request of Mr. ALLARD, the tertiary butyl ether, and for other pur- name of the Senator from North Caro- sponsors of S. Con. Res. 34, a concurrent resolution relating to the observ- poses. lina (Mr. HELMS) was added as a co- ance of ‘‘In Memory’’ Day. S. 1158 sponsor of S. 1763, a bill to amend the S. CON. RES. 60 At the request of Mr. HUTCHINSON, Solid Waste Disposal Act to reauthor- the name of the Senator from Michigan ize the Office of Ombudsman of the En- At the request of Mr. KERREY, his name was added as a cosponsor of S. (Mr. ABRAHAM) was added as a cospon- vironmental Protection Agency, and Con. Res. 60, a concurrent resolution sor of S. 1158, a bill to allow the recov- for other purposes. expressing the sense of Congress that a ery of attorney’s fees and costs by cer- S. 1805 commemorative postage stamp should tain employers and labor organizations At the request of Mr. KENNEDY, the be issued in honor of the U.S.S. Wis- who are prevailing parties in pro- names of the Senator from Maine (Ms. consin and all those who served aboard ceedings brought against them by the COLLINS), the Senator from Florida her. National Labor Relations Board or by RAHAM (Mr. G ), the Senator from New S. CON. RES. 81 the Occupational Safety and Health York (Mr. MOYNIHAN), the Senator At the request of Mr. ROTH, the name Administration. from Washington (Mrs. MURRAY), the of the Senator from New Hampshire S. 1448 Senator from Minnesota (Mr. (Mr. SMITH) was added as a cosponsor At the request of Mr. HUTCHINSON, WELLSTONE) and the Senator from Mas- of S. Con. Res. 81, a concurrent resolu- the name of the Senator from Wis- sachusetts (Mr. KERRY) were added as tion expressing the sense of the Con- consin (Mr. KOHL) was added as a co- cosponsors of S. 1805, a bill to restore gress that the Government of the Peo- sponsor of S. 1448, a bill to amend the food stamp benefits for aliens, to pro- ple’s Republic of China should imme- Food Security Act of 1985 to authorize vide States with flexibility in admin- diately release Rabiya Kadeer, her sec- the annual enrollment of land in the istering the food stamp vehicle allow- retary, and her son, and permit them wetlands reserve program, to extend ance, to index the excess shelter ex- to move to the United States if they so the program through 2005, and for other pense deduction to inflation, to author- desire. purposes. ize additional appropriations to pur- S. RES. 87 S. 1464 chase and make available additional At the request of Mr. DURBIN, the At the request of Mr. HAGEL, the commodities under the emergency food names of the Senator from Nevada (Mr. names of the Senator from Kentucky assistance program, and for other pur- BRYAN) and the Senator from Maryland (Mr. MCCONNELL) and the Senator from poses. (Mr. SARBANES) were added as cospon- Alabama (Mr. SHELBY) were added as S. 1900 sors of S. Res. 87, a resolution com- cosponsors of S. 1464, a bill to amend At the request of Mr. LAUTENBERG, memorating the 60th Anniversary of the Federal Food, Drug, and Cosmetic the name of the Senator from North the International Visitors Program

VerDate Mar 15 2010 23:31 Dec 04, 2013 Jkt 081600 PO 00000 Frm 00067 Fmt 4637 Sfmt 0634 E:\2000SENATE\S24FE0.REC S24FE0 mmaher on DSKCGSP4G1 with SOCIALSECURITY S822 CONGRESSIONAL RECORD — SENATE February 24, 2000 S. RES. 128 cialist Party in the Basque Assembly, Whereas reformers won elections despite At the request of Mr. COCHRAN, the so he was a political leader of some concerted efforts by hard-line Iranian clergy names of the Senator from Florida (Mr. note and a highly respected leader in to ban reformist forces from the ballot; and Whereas the elections show a clear pref- GRAHAM), the Senator from South his own country. In the aftermath of erence by a majority of Iranian voters for de- Carolina (Mr. THURMOND) and the Sen- this attack on human rights and peace- mocracy, rule of law, and improved relations ator from Tennessee (Mr. THOMPSON) ful coexistence, I also offer my with Western nations: Now, therefore, be it were added as cosponsors of S. Res. 128, thoughts and prayers to the people of Resolved by the Senate (the House of Rep- a resolution designating March 2000, as Spain and the Spanish community resentatives concurring), That Congress— ‘‘Arts Education Month.’’ around the world. (1) commends the people of Iran for their commitment to the democratic process; S. RES. 237 Reports of terrorist violence in Spain are becoming far too common. It was (2) congratulates reformist parliamentar- At the request of Mrs. BOXER, the ians on their recent electoral victory; names of the Senator from Delaware only one month ago that an ETA car (3) reaffirms the desire of the United (Mr. BIDEN), the Senator from Vermont bomb in central Madrid killed one man States to see free, democratic political de- (Mr. LEAHY), and the Senator from New and injured innocent children on their velopment, the restoration of the rule of law, and full civil and political rights for all Ira- Jersey (Mr. LAUTENBERG) were added as way to school. This cowardly type of terrorist expression must be stopped. nians; and cosponsors of S. Res. 237, a resolution (4) calls on the Government of Iran to re- expressing the sense of the Senate that Over a year ago, I was pleased when I heard reports of the historic ETA join the community of nations and renounce the United States Senate Committee terrorism, opposition to the Middle East on Foreign Relations should hold hear- cease-fire. Under this cease-fire, Spain peace process, and the development and ac- ings and the Senate should act on the remained free of terrorist violence for quisition of weapons of mass destruction. 14 months and enjoyed the increase in Convention on the Elimination of All f tourism that peace affords. Unfortu- Forms of Discrimination Against SENATE CONCURRENT RESOLU- Women (CEDAW). nately, in December of 1999, ETA re- nounced its cease-fire, once again TION 84—EXPRESSING THE f plunging Spain into the horrific ter- SENSE OF CONGRESS REGARD- ING THE NAMING OF AIRCRAFT SENATE CONCURRENT RESOLU- rorist violence that marked its past. CARRIER CVN–77, THE LAST VES- TION 82—CONDEMNING THE AS- I believe that a majority of the peo- SEL OF THE HISTORIC ‘‘NIMITZ’’ SASSINATION OF FERNANDO ple in Spain, both Basque and Spanish, CLASS OF AIRCRAFT CARRIERS, BUESA AND JORGE DIÉZ are tired of this endless violence. It is AS THE U.S.S. ‘‘LEXINGTON’’ ELORZA, SPANISH NATIONALS, time for ETA to renew its cease-fire BY THE BASQUE SEPARATIST and negotiate a peace agreement with Mr. WARNER (for himself and Mr. GROUP, ETA, AND EXPRESSING the Spanish government. Only then can INOUYE) submitted the following con- THE SENSE OF THE CONGRESS the senseless violence that threatens to current resolution; which was referred THAT VIOLENT ACTIONS BY ETA destroy Spain’s booming economy be to the Committee on Armed Services: CEASE stopped. S. CON. RES. 84 Last night, at a White House dinner I Whereas over the last three decades Con- Mr. DODD submitted the following attended in honor of King Juan Carlos gress has authorized and appropriated funds concurrent resolution; which was re- and Queen Sofia of Spain, after-dinner for a total of 10 ‘‘NIMITZ’’ class aircraft car- ferred to the Committee on Foreign dancing was suspended in memory of riers; Relations: the killed. In this vein, I ask that we as Whereas the last vessel in the ‘‘NIMITZ’’ class of aircraft carriers, CVN–77, is cur- S. CON. RES. 82 a body reaffirm our commitment to rently under construction and will be deliv- Whereas on February 22, 2000, the Basque human rights by condemning this most ered in 2008; terrorist group ETA killed Fernando Buesa, recent attack in Spain. Whereas the first nine vessels in this class the leader of the Basque Socialist Party, and Today, I submit a resolution that de- proudly bear the following names: ´ Jorge Dıez Elorza, a member of his escort, in nounces the terrorist activities that (1) U.S.S. Nimitz (CVN–68). a cowardly bomb attack; killed Fernando Buesa and Jorge Dıéz (2) U.S.S. Dwight D. Eisenhower (CVN–69). Whereas this heinous crime displays abso- Elorza, calls again on ETA to renounce (3) U.S.S. Carl Vinson (CVN–70). lute contempt for human rights and the (4) U.S.S. Theodore Roosevelt (CVN–71). right to life by those individuals who prac- the use of violence and terrorism which have taken so many lives, and pledges (5) U.S.S. Abraham Lincoln (CVN–72). tice terrorism and threaten freedom, peace, (6) U.S.S. George Washington (CVN–73). liberty, and the peaceful coexistence of the continued alliance between Spain and (7) U.S.S. John C. Stennis (CVN–74). Basque people and the people of Spain; and the United States, and ask it to be re- (8) U.S.S. Harry S. Truman (CVN–75). Whereas Spain is a democracy where the ferred to the appropriate committee. I (9) U.S.S. Ronald Reagan (CVN–76). rule of law is enforced and terrorist acts are urge my colleagues to support this res- Whereas it is now time to recommend to not tolerated: Now, therefore, be it olution. the President, as Commander in Chief of the Resolved by the Senate (the House of Rep- f Armed Forces, an appropriate name for the resentatives concurring), That Congress— final vessel in the ‘‘NIMITZ’’ class of aircraft (1) strongly condemns and denounces those SENATE CONCURRENT RESOLU- carriers; responsible for the cowardly bombing that TION 83—COMMENDING THE PEO- Whereas over the last 25 years the vessels ´ killed Fernando Buesa and Jorge Dıez PLE OF IRAN FOR THEIR COM- in the ‘‘NIMITZ’’ class of aircraft carriers Elorza; MITMENT TO THE DEMOCRATIC have served as one of the principal means of (2) strongly shares the determination of United States diplomacy and as one of the the Spanish people that the perpetrators of PROCESS AND POSITIVE POLIT- ICAL REFORM ON THE OCCASION principal means for the defense of the United this vile act will be brought swiftly to jus- States and our allies around the world; tice so that Spain may demonstrate its oppo- OF IRAN’S PARLIAMENTARY Whereas the name bestowed upon aircraft sition to acts of terror; ELECTIONS carrier CVN–77 should embody the American (3) calls again on ETA and those respon- Mr. BROWNBACK (for himself and spirit and provide a lasting symbol of the sible for this act to renounce violence and American commitment to freedom; terrorism which have taken so many lives; Mr. WELLSTONE) submitted the following concurrent resolution; which Whereas for the citizens of the United and States, the name ‘‘Lexington’’ has been syn- (4) continues to cherish the strong friend- was considered and agreed to. onymous with defense of freedom from the ship between Spain and the United States. S. CON. RES. 83 very first battle of the War of the American Mr. DODD. Mr. President, I know I Whereas the Islamic Republic of Iran held Revolution and is taught to American will be joined by every Member of the parliamentary elections on February 18, 2000; schoolchildren as the place of the ‘‘shot Senate as I express my deepest condo- Whereas more than 75 percent of the ap- heard round the world’’, at which our fore- lences to the families of Fernando proximately 39,000,000 eligible voters cast bears mustered the courage to gain inde- Buesa and Jorge Dıéz Elorza, who were ballots in the elections; pendence; Whereas preliminary results indicate that Whereas the name ‘‘Lexington’’ has been tragically killed in Tuesday’s bombing reformers have won a parliamentary major- associated with naval aviation from its ori- attack by the Spanish terrorist group ity, freeing Iran’s parliament, the Majlis, of gins in the 1920s, when President Harding be- ETA in Vitoria, Spain. I point out Fer- hard-line domination for the first time since stowed the name ‘‘Lexington’’ on the second nando Buesa was the head of the So- the 1979 Iranian revolution; aircraft carrier in United States history;

VerDate Mar 15 2010 23:31 Dec 04, 2013 Jkt 081600 PO 00000 Frm 00068 Fmt 4637 Sfmt 0634 E:\2000SENATE\S24FE0.REC S24FE0 mmaher on DSKCGSP4G1 with SOCIALSECURITY February 24, 2000 CONGRESSIONAL RECORD — SENATE S823 Whereas that vessel, the U.S.S. Lexington Force (UVF) and the Ulster Freedom Fight- publican Army—to begin the process of (CV–2), also known as the ‘‘Fighting Lady’’, ers (UFF), informed the Commission that decommissioning of their weapons and saw active service from 1927 until lost in 1942 they are prepared to move on decommis- explosives. The IRA claims it has done during the historic Battle of the Coral Sea; sioning if the Irish Republican Army (IRA) enough by keeping its guns silent, by Whereas immediately after that loss, makes clear that the war is over and it will President Franklin D. Roosevelt saw fit to also decommission; not setting off bombs, by adhering to a bestow the name ‘‘Lexington’’ on a successor Whereas the Commission’s January 31, cease-fire. But, Mr. President, what aircraft carrier in order to carry on the 2000, report on decommissioning states that kind of democratic system exists when fighting spirit to preserve freedom; though the IRA emphasized that it poses no one organization maintains a massive Whereas that successor aircraft carrier, threat to the peace process, it has not pro- arsenal for potential use in the event the U.S.S. Lexington (CV–16), joined the fleet vided any information as to when decommis- that it is dissatisfied with the political in 1943 and earned 11 battle stars during the sioning will begin; Whereas the leader of the Social Demo- process? Is that considered a genuine Pacific campaigns of World War II as she peace? I maintain that it is not, and it helped carry the fight to the enemy; cratic and Labor Party, John Hume, has Whereas the U.S.S. Lexington (CV–16) con- called upon the IRA to ‘‘demonstrate for all should not be accepted by people in tinued her service to the United States after to see its patriotism and desire to move the this country. World War II, conducting numerous deploy- situation forward by strengthening the peace Let me clear, the IRA’s political ments during the Cold War and completing process through beginning voluntarily the wing, Sinn Fein, signed onto decom- her 48 years of service as a training aircraft process of decommissioning’’; missioning in the Good Friday Agree- carrier for student aviators; and Whereas on February 11, 2000, due to the ment. As the Agreement states: ‘‘all decommissioning impasse, the British Sec- Whereas upon the completion of her serv- participants accordingly reaffirm their ice and in keeping with the traditions of the retary of State for Northern Ireland, Peter Mandelson, suspended the Northern Ireland commitment to the total disarmament Navy, the U.S.S. Lexington (CV–16) was of all paramilitary organizations’’ and stricken from the Navy Vessel Register on Executive and resumed direct control over November 30, 1991: Now, therefore, be it the province; to ‘‘use any influence they may have, Resolved by the Senate (the House of Rep- Whereas on February 11, 2000, the Commis- to achieve the decommissioning of all resentatives concurring), That it is the sense sion issued a report noting the ‘‘IRA’s rec- paramilitary arms within two years’’, of Congress that the aircraft carrier CVN–77 ognition that the issue of arms needs to be which is May 22 of this year. should be named the U.S.S. Lexington— dealt with in an acceptable way and that Now, Sinn Fein’s leader Gerry Adams (1) in order to honor the men and women this is a necessary objective of a genuine peace process’’; and has said that his organization ‘‘has no who served in the Armed Forces of the further room to move’’, which I find United States during World War II, and the Whereas recent polls indicate that the incalculable number of United States citi- overwhelming majority of the people in quite interesting, considering that zens on the home front during that war, who Northern Ireland and the Republic of Ireland members of his party were allowed to mobilized in the name of freedom, and who support decommissioning by all paramilitary participate in the local governing are today respectfully referred to as the organizations: Now, therefore, be it structures established by the Good Fri- Resolved, That the Senate— ‘‘Greatest Generation’’; and (1) stresses the importance of decommis- day Agreement (but do not seem to be (2) as a special tribute to the 16,000,000 vet- sioning of weapons held by paramilitaries on willing to convince the IRA it must erans of the Armed Forces who served on all sides without conditions to the success of fulfill its obligations as well). land, sea, and air during World War II, of the peace process in Northern Ireland; I suggest that Mr. Adams be advised whom less than 6,000,000 remain alive today, (2) calls upon the Irish Republican Army to that he cannot have it both ways. And and serve as a lasting symbol of commitment make a firm commitment and offer a specific to freedom as they pass on and proudly take to those whose excuse is that the dead- timetable as to when decommissioning of all line for decommissioning is still three their place in history. of their arms and explosives will begin; and f (3) urges the loyalist paramilitary organi- months off (May 22, 2000), I would re- zations to respond to such an IRA proposal mind them that there is an established SENATE RESOLUTION 259—URGING by immediately beginning the process of de- body designed to manage this process THE DECOMMISSIONING OF commissioning all of their weapons. and that the IRA refused to make any ARMS AND EXPLOSIVES IN Mr. HELMS. Mr. President, I am cer- commitment or offer any timetable for NORTHERN IRELAND tainly not alone in my disappointment decommissioning to this institution. It Mr. HELMS (for himself and Mr. at the recent turn of events in North- is difficult to believe that on May 21, SMITH of Oregon) submitted the fol- ern Ireland. It is a disheartening devel- 2000, the IRA would have, in any event, lowing resolution; which was referred opment. With the signing of the Good turned over its hundreds of guns, its to the Committee on Foreign Rela- Friday Agreement in April 1998 and the tons of Semtex, which it maintains as tions: overwhelming desire for peaceful reso- a veto on peace. S. RES. 259 lution of the conflict—in both North- We are at a critical point: due to lack Whereas the Good Friday Agreement was ern Ireland and the Republic of Ire- of commitment by the IRA on decom- signed on April 10, 1998, to bring about a land—the prospects for peace in that missioning, the British government peaceful settlement to the conflict in North- troubled region had never seemed bet- had no choice but to suspend the indig- ern Ireland; enous institutions of Northern Ireland. Whereas in a referendum on May 22, 1998, ter. the people of Northern Ireland and the Re- The Good Friday Agreement, like all Why? Let me merely recite the obvi- public of Ireland voted overwhelmingly in negotiated peace settlements, offers in- ous: Why should Sinn Fein be allowed favor of the Good Friday Agreement; centives to all parties but it also re- to participate in legitimate, elected Whereas the Good Friday Agreement pro- quires compromises—compromises that governing bodies when the IRA refuses vides for the devolution of government from most people are willing to make, and to disarm? How can we expect the the United Kingdom to local institutions in unionist community to deal with Sinn Northern Ireland and the establishment of a have made, in order for peace. I do not North/South Ministerial Council and a Brit- pretend to speak for any side in North- Fein officials in this capacity when the ish-Irish Council, and consists of provisions ern Ireland, but I can imagine that it IRA has turned its back on this crucial on decommissioning, human rights, policing, was difficult for many in the Unionist part of the peace process? and prisoners; community to see convicted IRA bomb- Sinn Fein and the IRA continue to Whereas much progress has been made in ers walk free from prison. raise the bar; after demanding that the the establishment of both the indigenous And it was certainly difficult for Northern Ireland Executive and North- Northern Ireland institutions and the North/ many in the nationalist community to ern Ireland Assembly be established be- South and British-Irish bodies, hundreds of prisoners from both communities have been accept the principal of continued Brit- fore beginning decommissioning, they released, and a plan for the restructuring of ish sovereignty over Northern Ireland. now state that if the British withdraw the police force has been put forth; But David Trimble, John Hume, and their troops from bases in Northern Whereas the Independent International other honorable men and women have Ireland, they might consider handing Commission on Decommissioning (the Com- fulfilled their obligations under the in their weapons. I would remind them mission), led by General John de Chastelain, Good Friday Agreement in order to that there is an agreement, there is a was established to facilitate the process of process that they have signed onto— decommissioning of paramilitary arms as give peace the opportunity to take root called for in the Good Friday Agreement; in Northern Ireland. from which they have benefitted. Their Whereas the two principal loyalist para- The current crisis stems from the re- prisoners have been released. Plans for military organizations, the Ulster Volunteer fusal of one organization—the Irish Re- a drastic overhaul of the Royal Ulster

VerDate Mar 15 2010 23:31 Dec 04, 2013 Jkt 081600 PO 00000 Frm 00069 Fmt 4637 Sfmt 0634 E:\2000SENATE\S24FE0.REC S24FE0 mmaher on DSKCGSP4G1 with SOCIALSECURITY S824 CONGRESSIONAL RECORD — SENATE February 24, 2000 Constabulary have been put forth. adequate health care services for uninsured trillion surplus to provide people with Cross border institutions have been es- populations, serving over 4,500,000 uninsured health insurance. tablished and are functioning. patients in 1999, including over 1,000,000 new The third thing these plans have in They must abide by their obligations uninsured patients who have sought care common—and perhaps the most impor- from such centers in the last 3 years; as well. Mr. President, Sinn Fein and Whereas health centers care for nearly tant thing—is that they probably have the IRA must understand that if they 7,000,000 minorities, nearly 600,000 farm- little chance of becoming law this do not, they will not have the support workers, and more than 500,000 homeless in- year. Whether because of policy dif- of the United States. dividuals each year; ferences or political differences, it’s Today I am offering a resolution Whereas health centers provide cost-effec- just not likely that they will pass. stressing the importance of decommis- tive comprehensive primary and preventive So today, we’re launching a bipar- sioning to the success of the peace in care to uninsured individuals for less than tisan effort—called the REACH Initia- Northern Ireland and calling on the $1.00 per day, or $350 annually, and help to tive—that does have a chance this reduce the inappropriate use of costly emer- year. There’s no need to wait for an IRA to commit to the process and to gency rooms and inpatient hospital care; offer a timetable as to when they will Whereas current resources only allow election—we can do it now. turn in their arms and explosives. And health centers to serve 10 percent of the Na- Our proposal builds on the crucial although the loyalist paramilitary or- tion’s 44,000,000 uninsured individuals; work that organizations known as ganizations have significantly fewer Whereas past investments to increase community health centers have been weapons in their possession, they must health center access have resulted in better doing to ensure better access to health fulfill their promise to disarm as well. health, an improved quality of life for all care. Health centers are private non- The two main loyalist paramilitaries Americans, and a reduction in national profit clinics that provide primary care health care expenditures; and and preventive health care services in have stated that they will disarm when Whereas Congress can act now to increase the IRA begins to do so. If the IRA access to health care services for uninsured medically-underserved urban and rural moves on decommissioning, these orga- and low-income people together with or in communities across the country. Par- nizations should respond immediately. advance of health care coverage proposals by tially with the help of federal grants, This is an historic moment in North- expanding the availability of services at health centers provide basic care for ern Ireland—the best chance for peace community, migrant, homeless, and public about 11 million people every year, 4 in a quarter of a century. Let us not housing health centers: Now, therefore, be it million of whom are uninsured. waste it. We must encourage those who Resolved, The goal of the REACH Initiative is are working for peace. But more impor- SECTION 1. SHORT TITLE. simple—to make sure more people have tantly, we must make clear to those This resolution may be cited as the ‘‘Reso- access to health care. We plan to lution to Expand Access to Community achieve this by doubling federal fund- who want to destroy this opportunity Health Centers (REACH) Initiative’’. by clinging to old and violent means, ing for community health centers over SEC. 2. SENSE OF THE SENATE. a period of five years. We believe this they can not succeed. It is the sense of the Senate that appro- will allow up to 10 million more f priations for consolidated health centers under section 330 of the Public Health Serv- women, children, and others in need to SENATE RESOLUTION 260—TO EX- ice Act (42 U.S.C. 254b) should be increased receive care at health centers. If we are PRESS THE SENSE OF THE SEN- by 100 percent over the next 5 fiscal years in successful with the REACH Initiative, ATE THAT THE FEDERAL IN- order to double the number of individuals we can practically double the number VESTMENT IN PROGRAMS THAT who receive health care services at commu- of uninsured and underinsured people PROVIDE HEALTH CARE SERV- nity, migrant, homeless, and public housing that health centers care for. ICES TO UNINSURED AND LOW- health centers. The REACH Initiative basically rec- INCOME INDIVIDUALS IN MEDI- Mr. BOND. Mr. President, I rise ognizes the key contributions that CALLY UNDER SERVED AREAS today to talk about the hot topic in community health centers have al- BE INCREASED IN ORDER TO the world of health care—health care ready made in addressing the health DOUBLE ACCESS TO CARE OVER access. Many people see this as the big- care access problems. But there is so THE NEXT 5 YEARS gest problem in health care today. much more that can still be done. Part of the problem, and the part Mr. BOND (for himself, Mr. HOL- Now, out of all the ways we can ad- that has received the most attention, LINGS, Mr. COCHRAN, Mr. DASCHLE, Mr. dress health care access problems, why is that too many Americans lack HATCH, Mr. KENNEDY, Mr. HUTCHINSON, are health centers a good solution and health insurance—about 44 million Mr. BREAUX, Mr. DEWINE, Mrs. LIN- a worthwhile target for additional Americans aren’t covered by any type COLN, Mrs. MURRAY, and Mr. INOUYE) funding? submitted the following resolution; of health plan. But an equally serious 1. Health centers are an existing pro- which was referred to the Committee part of the problem is many people’s gram that produces results. Too many on Appropriations: simple inability to get access to a health care proposals want to prac- health care provider. Even if they have tically start from scratch, and make S. RES. 260 insurance, a young couple with a sick breathtakingly revolutionary changes. Whereas the uninsured population in the child is out of luck if they can’t get in When I look at the health system and United States continues to grow at over to see a pediatrician or another health 100,000 individuals per month, and is esti- its admittedly huge problems, I some- mated to reach over 53,000,000 people by 2007; care provider. And in too many urban times think that might not be a bad Whereas the growth in the uninsured popu- and rural communities across the idea. But it’s also extremely risky. We lation continues despite public and private country, there just aren’t enough doc- need to remember that despite the efforts to increase health insurance cov- tors to go around. many flaws in our health system, many erage; Several plans have been proposed re- people are pleased with it. We should Whereas nearly 80 percent of the uninsured cently on how to deal with the health be wary about making too radical population are members of working families care access problem. Senator Bradley changes that could interfere with who cannot afford health insurance or can- has a plan. The Vice President has one. not access employer-provided health insur- what’s right in our system. Instead, we ance plans; There’s also a bipartisan proposal for can expand an existing part of the sys- Whereas minority populations, rural resi- tax credits to help people buy health tem that’s been proven to provide cost- dents, and single-parent families represent a insurance. All of these plans have at effective, high-quality care. disproportionate number of the uninsured least 3 things in common. 2. Health centers play a crucial role population; First, they all address a worthwhile in health care, and are vastly under- Whereas the problem of health care access goal. I think we all want to see that appreciated. It’s amazing to me how for the uninsured population is compounded people have access to good health care, few people are aware of the types of in many urban and rural communities by a even if we might disagree on how to get services community health centers lack of providers who are available to serve both insured and uninsured populations; there. provide, and just how prominent they Whereas community, migrant, homeless, Second, they’re all very ambitious. are in health care. After all, health and public housing health centers have prov- Senator Bradley in fact is basically centers care for close to one out of very en uniquely qualified to address the lack of proposing to use close to the entire $1 20 Americans, one out of every 12 rural

VerDate Mar 15 2010 23:31 Dec 04, 2013 Jkt 081600 PO 00000 Frm 00070 Fmt 4637 Sfmt 0634 E:\2000SENATE\S24FE0.REC S24FE0 mmaher on DSKCGSP4G1 with SOCIALSECURITY February 24, 2000 CONGRESSIONAL RECORD — SENATE S825 residents, one out of every 6 low-in- munized to protect her from a variety denounced Moscow’s handling of Babitsky as come children, and one of every 5 ba- of dreaded diseases. a violation of Russian law and international bies born to low-income families. These individuals, and millions more law and stated that the situation sur- 3. Health centers truly target the like them, are the reasons why we rounding Babitsky signals ‘‘that the same must make the goal of the REACH Ini- thing may happen to every reporter’’; health care access problem. By defini- Whereas the Union of Journalists in Russia tion, health centers must be located in tiative—doubled funding for commu- declared on February 16 that the case of ‘‘medically underserved’’ community health centers—a reality. Andrei Babitsky is ‘‘not an isolated episode, nities—which simply means places f but almost a turning point in the struggle where people have serious problems SENATE RESOLUTION 261—EX- for a press that serves society and not the getting access to health care. So health authorities’’ and that ‘‘the threat to freedom PRESSING THE SENSE OF THE of speech in Russia has for the first time in centers attack the problem right at SENATE REGARDING THE DE- this source. Unlike other health care the last several years transformed into its TENTION OF ANDREI BABITSKY open and regular suppression’’; proposals, the REACH Initiative BY THE GOVERNMENT OF THE Whereas freedom of the press is both a cen- doesn’t create problems of ‘‘crowding RUSSIAN FEDERATION AND tral element of democracy as well as a cata- out’’ private insurance by replacing FREEDOM OF THE PRESS IN lyst for democratic reform; private dollars spent on health insur- RUSSIA Whereas the Government of the Russian ance with federal dollars. Federation has repeatedly violated the prin- 4. Health centers are relatively Mr. HELMS (for himself, Mr. BIDEN, ciples of freedom of the press by subjecting cheap. Health centers can provide pri- Mr. ROTH, Mr. LOTT, and Mr. DODD) journalists who question or oppose its poli- mary and preventive care for one per- submitted the following resolution; cies to censorship, intimidation, harassment, which was considered and agreed to: incarceration, and violence; by restricting son for less than $1 dollar per day— beyond internationally accepted limits their about $350 per year. Even better, health S. RES. 261 Whereas Andrei Babitsky, a dedicated and access to information; and by issuing mis- centers are able to leverage each grant leading and false information; and dollar from the federal government professional journalist for Radio Free Eu- rope/Radio Liberty (RFE/RL) for the last 10 Whereas the Government of the Russian into additional funding from other years, reported on the 1994–1996 and the cur- Federation has egregiously restricted the ef- sources—meaning they can effectively rent Russo-Chechen wars; forts of journalists to report on the indis- turn one grant dollar into several dol- Whereas on December 27, 1999, the Russian criminate brutality of Russia’s use of force lars that can be used to address health Information Committee (RIC) in Chechnya in Chechnya: Now, therefore, be it Resolved, That it is the sense of the Senate care problems. With an extra billion accused Babitsky of ‘‘conspiracy with Chechen rebels’’ after he broadcast a story that— dollars a year—the goal of the REACH (1) the detention of Andrei Babitsky by the Initiative in its fifth year—health cen- that shed unfavorable light on Russian military actions in Chechnya; Government of the Russian Federation and ters could be caring for an additional 10 Whereas on January 8, 2000, Russian secu- the misinformation the Government of the million people. rity agents raided Babitsky’s apartment in Russian Federation has issued concerning 5. Expanding health center access Moscow and confiscated several items and this matter— would not be a government takeover of later ordered his wife, Ludmila Babitskaya, (A) constitute reprehensible treatment of a health care. New funding within the to report to a local militia station in Mos- civilian in a conflict zone in violation of the REACH Initiative. But this new fund- cow after she attempted to pick up photo- Geneva Conventions and applicable proto- graphs taken by her husband in Chechnya; cols; and ing would not go to create a huge new (B) demonstrate the Government of the government bureaucracy. Instead, the Whereas on January 18, 2000, Babitsky was reportedly detained by Russian authorities Russian Federation’s intolerance toward a REACH Initiative would invest addi- in Moscow but later reports indicated that free and open press; tional funds in private organizations he was not formally arrested until January (2) the conduct of the Government of the that have consistently proven them- 27, 2000; Russian Federation leaves it responsible for selves to be efficient, high-quality, and Whereas on January 26, 2000, Russian presi- the safety of Andrei Babitsky; cost-effective health care providers. dential spokesman Sergei Yastrzhembsky (3) the Government of the Russian Federa- To me, all of these reasons point to said that Babitsky ‘‘left Grozny and then tion should take steps to secure the safe return of RFE/RL reporter Andrei Babitsky to one logical conclusion—a need for dras- disappeared’’ and declared that Russian security services had no idea as to his where- his family; tically increased funding for health (4) the Government of the Russian Federa- centers. Health centers are already abouts and that ‘‘his security is not guaran- teed’’; tion should provide a full accounting of Mr. helping millions of Americans get Whereas on January 28, 2000, Russian Babitsky’s detention and the charges he may health care. But they can still help media officials told RFE/RL that Babitsky face; and millions more—pregnant women, chil- would be released with apologies after hav- (5) the Russian authorities should imme- dren, and anyone else who desperately ing been charged with participating in ‘‘an diately halt their harassment of journalists, needs care. illegal armed formation’’; foreign and domestic, who cover the war in At the start of my remarks, I said Whereas on February 2, 2000, Moscow offi- Chechnya and any other event in the Russian cials announced that Babitsky would be Federation and should fully adhere to the that we were here to talk about and ad- Universal Declaration of Human Rights, dress the problem of health care ac- transferred from Naursky district near Chechnya to Gudermes and then to Moscow which declares in Article 19 that ‘‘everyone cess—but that’s sort of a cold way to where he would then be released on his own has the right to freedom of opinion and ex- talk about it. So let me try again, but recognizance; pression; this right includes the freedom to this time in human terms. Whereas on February 3, 2000, Russian presi- hold opinions without interference and to We’re here to introduce the REACH dential spokesman Sergei Yastrzhembsky seek, receive and impart information and Initiative to make sure that a young said that Russian officials exchanged ideas through any media regardless of fron- woman who has just found out she’s Babitsky for 3 Russian prisoners of war and tiers’’. pregnant—but who doesn’t have health on the same day, Vladimir Ustinov, acting f Russian prosecutor general, said Babitsky insurance—has a place to get prenatal SENATE RESOLUTION 262—ENTI- care so she doesn’t risk her health and had been released and had gone over to the Chechens on his own accord; TLED THE ‘‘PEACEFUL RESOLU- her baby’s health by waiting until late Whereas the Government of the Russian TION OF THE CONFLICT IN in the pregnancy. Federation has repeatedly issued contradic- CHECHNYA’’ We’re here to introduce the REACH tory statements on the detention of Andrei Mr. WELLSTONE submitted the fol- Initiative to make sure that a 6-year- Babitsky and provided neither a credible ac- lowing resolution; which was consid- old boy living in a heavily rural Mis- counting of its detention of Babitsky nor ered and agreed to: souri community—where there any credible evidence of his well-being; wouldn’t otherwise be any health care Whereas United Nations High Commis- S. RES. 262 providers at all—has a place to get reg- sioner for Human Rights Mary Robinson Whereas the people of Chechnya are exer- stated on February 16 that Russian behavior ular checkups so he can stay health at cising the legitimate right of self-defense in Chechnya and the detention of Andrei against the indiscriminate use of force by home and in school. Babitsky appears to violate the Geneva con- the Government of the Russian Federation; We’re here to make sure that a young ventions to which Russia is a signatory; Whereas the Government of the Russian couple without anywhere else to go has Whereas on February 16, 2000, Russian Federation has used disproportionate force a place to get their infant daughter im- Human Rights Commissioner Oleg Mironov in the bombings of civilian targets Chechnya

VerDate Mar 15 2010 23:31 Dec 04, 2013 Jkt 081600 PO 00000 Frm 00071 Fmt 4637 Sfmt 0634 E:\2000SENATE\S24FE0.REC S24FE0 mmaher on DSKCGSP4G1 with SOCIALSECURITY S826 CONGRESSIONAL RECORD — SENATE February 24, 2000 which has resulted in the deaths of thou- investigation of alleged war crimes com- accordance with the relative enrollments of sands of innocent civilians and the displace- mitted by the Russian military in Chechnya; children, age 5 through 17, in public and pri- ment of well over 250,000 others; and vate nonprofit elementary schools and sec- Whereas the Government of the Russian (C) should take tangible to demonstrate to ondary schools within the areas served by Federation has refused to engage in negotia- the Government of the Russian Federation such agencies. tions with the Chechen resistance toward a that the United States strongly condemns ‘‘(2) EXCEPTION.—Notwithstanding para- just peace and instead has charged Chechen its brutal conduct in Chechnya and its un- graph (1) and subsection (d)(2)(B), if the President Aslan Maskhadov with armed mu- willingness to find a just political solution award to a local educational agency under tiny and issued a warrant for his arrest; to the conflict in Chechnya. this section is less than the starting salary Whereas Russian authorities deny access f for a new fully qualified teacher for a school to regions in and around Chechnya by the served by that agency who is certified or li- international community, including officials AMENDMENTS SUBMITTED censed within the State, has a baccalaureate of the United Nations, Organization for Se- degree, and demonstrates the general knowl- curity Cooperation in Europe and the Coun- edge, teaching skills, and subject matter cil of Europe, and maintain a virtual ban on AFFORDABLE EDUCATION ACT OF knowledge required to teach in the content access to Chechen civilians by media and 1999 areas in which the teacher teaches, that international humanitarian organizations, agency may use funds made available under including the International Federation of this section to— the Red Cross; MURRAY AMENDMENT NO. 2821 ‘‘(A) help pay the salary of a full- or part- Whereas these restrictions severely limited time teacher hired to reduce class size, (Ordered to lie on the table.) which may be done in combination with the the ability of these organizations to ascer- Mrs. MURRAY submitted an amend- tain the extent of the humanitarian crisis expenditure of other Federal, State, or local and to provide humanitarian relief; ment intended to be proposed by her to funds; or Whereas even limited testimony and gen- the bill (S. 1134) to amend the Internal ‘‘(B) pay for activities described in sub- eral investigation organizations credibly re- Revenue Code of 1986 to allow tax-free section (d)(2)(A)(iii) that may be related to port widespread looting, summary execu- expenditures from education individual teaching in smaller classes. tions, detentions, denial of safe passage to retirement accounts for elementary ‘‘(d) USE OF FUNDS.— fleeing civilians, torture and rape committed ‘‘(1) MANDATORY USES.—Each local edu- and secondary school expenses, to in- cational agency that receives funds under by Russian soldiers; crease the maximum annual amount of Whereas there are credible reports of spe- this section shall use such funds to carry out cific atrocities committed by Russian sol- contributions to such accounts, and for effective approaches to reducing class size diers in Chechnya, including the rampages in other purposes; as follows: through use of fully qualified teachers who Alkhan-Yurt where 17 persons were killed in Strike title I and insert the following: are certified or licensed within the State, December 1999 and in the Staropromyslovsky TITLE I—CLASS SIZE REDUCTION have baccalaureate degrees, and demonstrate district of Grozny where 44 persons killed in the general knowledge, teaching skills, and SEC. 101. PROGRAMS. subject matter knowledge required to teach December 1999; and the rapes of Chechnya Title II of the Elementary and Secondary in the content areas in which the teachers prisoners in the Chernokosovo detention Education Act of 1965 (20 U.S.C. 6601 et seq.) teach, to improve educational achievement camp; is amended— Whereas these credible reports indicate for both regular and special needs children, (1) by redesignating part E as part F; with particular consideration given to reduc- clear violations of international human (2) by redesignating sections 2401 and 2401 rights standards and law that must be inves- ing class size in the early elementary grades as sections 2501 and 2502, respectively; and for which some research has shown class size tigated, and those responsible must be held (3) by inserting after part D the following: accountable; reduction is most effective. Whereas United Nations High Commis- ‘‘PART D—CLASS SIZE REDUCTION ‘‘(2) PERMISSIBLE USES.— sioner for Human Rights Mary Robinson pro- ‘‘SEC. 2401. GRANT PROGRAM. ‘‘(A) IN GENERAL.—Each such local edu- posed on February 20, 2000, the prosecution of ‘‘(a) PURPOSE.—The purpose of this section cational agency may use funds made avail- Russian military commanders for overseeing is to reduce class size through use of fully able under this section for— ‘‘executions, tortures, and rapes’’; and qualified teachers. ‘‘(i) recruiting (including through the use Whereas the Senate expresses its concern ‘‘(b) ALLOTMENT TO STATES.—From the of signing bonuses, and other financial incen- over the conflict and humanitarian tragedy amount made available to carry out this tives), hiring, and training fully qualified in Chechnya, and its desire for a peaceful part under section 2402 for a fiscal year, the regular and special education teachers resolution and durable settlement to the Secretary— (which may include hiring special education conflict: Now, therefore, be it ‘‘(1) shall make available a total of teachers to team-teach with regular teachers Resolved, That it is the sense of the Senate $3,600,000 to the Secretary of the Interior (on in classrooms that contain both children that— behalf of the Bureau of Indian Affairs) and with disabilities and non-disabled children) (1) the Government of the Russian Federa- the outlying areas for activities carried out and teachers of special needs children, who tion— in accordance with this section; and are certified or licensed within the State, (A) immediately cease its military oper- ‘‘(2) shall allot the remainder by providing have a baccalaureate degree and dem- ations in Chechnya and initiate negotiations to each State the same percentage of that re- onstrate the general knowledge, teaching toward a just peace with the leadership of mainder as the State received of the funds skills, and subject matter knowledge re- the Chechnya Government, including Presi- provided to States under section 307(a)(2) of quired to teach in the content areas in which dent Aslan Maskhadov; the Department of Education Appropriations the teachers teach; (B) allow into and around Chechnya inter- Act, 1999. ‘‘(ii) testing new teachers for academic national missions to monitor and report on ‘‘(c) ALLOCATION TO LOCAL EDUCATIONAL content knowledge, and to meet State cer- the situation there and to investigate al- AGENCIES.— tification or licensing requirements that are leged atrocities and war crimes; ‘‘(1) ALLOCATION.—Each State that receives consistent with title II of the Higher Edu- (C) allow international humanitarian agen- funds under this section shall allocate 100 cation Act of 1965; and cies immediate full and unimpeded access to percent of such funds to local educational ‘‘(iii) providing professional development Chechen civilians, including those in ref- agencies, of which— (which may include such activities as pro- ugee, detention and so called ‘‘filtration ‘‘(A) 80 percent of such funds shall be allo- moting retention and mentoring) for teach- camps’’ or any other facility where citizens cated to such local educational agencies in ers, including special education teachers and of Chechnya are detained; and proportion to the number of children, age 5 teachers of special needs children, in order to (D) investigate fully the atrocities com- through 17, from families with incomes meet the goal of ensuring that all teachers mitted in Chechnya including those alleged below the poverty line (as defined by the Of- have the general knowledge, teaching skills, in Alkhan-Yurt, and Grozny, and initiate fice of Management and Budget and revised and subject matter knowledge necessary to prosecutions against those officers and sol- annually in accordance with section 673(2) of teach effectively in the content areas in diers accused. the Community Services Block Grant Act (42 which the teachers teach, consistent with (2) the President of the United States of U.S.C. 9902(2))) applicable to a family of the title II of the Higher Education Act of 1965. America— size involved, who reside in the school dis- ‘‘(B) LIMITATION ON TESTING AND PROFES- (A) should promote peace negotiations be- trict served by such local educational agency SIONAL DEVELOPMENT.— tween the Government of the Russian Fed- for the most recent fiscal year for which sat- ‘‘(i) IN GENERAL.—Except as provided in eration and the leadership of the Chechen isfactory data are available, compared to the clause (ii), a local educational agency may Government, including President Aslan number of such children who reside in the use not more than a total of 25 percent of an Mashkadov, through third party mediation school districts served by all the local edu- the funds received by the agency under this by the OSCE, United Nations or other appro- cational agencies in the State for that fiscal section for activities described in clauses (ii) priate parties; year; and and (iii) of subparagraph (A). (B) endorse the call of the United Nations ‘‘(B) 20 percent of such funds shall be allo- ‘‘(ii) WAIVERS.—A local educational agency High Commissioner for Human Rights for an cated to such local educational agencies in may apply to the State educational agency

VerDate Mar 15 2010 23:31 Dec 04, 2013 Jkt 081600 PO 00000 Frm 00072 Fmt 4637 Sfmt 0634 E:\2000SENATE\S24FE0.REC S24FE0 mmaher on DSKCGSP4G1 with SOCIALSECURITY February 24, 2000 CONGRESSIONAL RECORD — SENATE S827 for a waiver that would permit the agency to this section shall publicly report to parents Section 104(b) of the Native American use more than 25 percent of the funds the on— Housing Assistance and Self-Determination agency receives under this section for activi- ‘‘(A) the agency’s progress in reducing Act of 1996 (25 U.S.C. 4114(b)) is amended— ties described in subparagraph (A)(iii) for the class size, and increasing the percentage of (1) by striking ‘‘Davis-Bacon Act (40 U.S.C. purpose of helping teachers who have not classes in core academic areas taught by 276a-276a-5)’’ and inserting ‘‘Act of March 3, met applicable State and local certification fully qualified teachers who are certified or 1931 (commonly known as the ‘Davis-Bacon or licensing requirements become certified licensed within the State, have bacca- Act’) (46 Stat. 1494, chapter 411; 40 U.S.C. 276a or licensed if— laureate degrees, and demonstrate the gen- et seq.)’’; and ‘‘(I) the agency is in an Ed-Flex Partner- eral knowledge, teaching skills, and subject (2) by adding at the end the following: ship State under the Education Flexibility matter knowledge required to teach in the ‘‘(3) APPLICATION OF TRIBAL LAWS.—Para- Partnership Act of 1999; and content areas in which the teachers teach; graph (1) shall not apply to any contract or ‘‘(II) 10 percent or more of teachers in ele- and agreement for assistance, sale, or lease pur- mentary schools served by the agency have ‘‘(B) the impact that hiring additional suant to this Act, if such contract or agree- not met the certification or licensing re- fully qualified teachers and reducing class ment is otherwise covered by 1 or more laws quirements, or such requirements have been size, has had, if any, on increasing student or regulations adopted by an Indian tribe waived for 10 percent or more of the teach- academic achievement. that requires the payment of not less than ers. ‘‘(3) PROFESSIONAL QUALIFICATIONS.—Each prevailing wages, as determined by the In- ‘‘(iii) USE OF FUNDS UNDER WAIVER.—If the school receiving funds under this section dian tribe.’’. State educational agency approves the local shall provide to parents, upon request, infor- educational agency’s application for a waiv- mation about the professional qualifications f er under clause (ii), the local educational of their child’s teacher. agency may use the funds subject to the con- ‘‘(f) PRIVATE SCHOOLS.—If a local edu- ditions of the waiver for activities described cational agency uses funds made available NOTICE OF HEARING in subparagraph (A)(iii) that are needed to under this section for professional develop- ensure that at least 90 percent of the teach- ment activities, the agency shall ensure the SUBCOMMITTEE ON NATIONAL PARKS, HISTORIC ers in the elementary schools are certified or equitable participation of private nonprofit PRESERVATION, AND RECREATION licensed within the State. elementary schools and secondary schools in Mr. THOMAS. Mr. President, I would ‘‘(C) USE OF FUNDS BY AGENCIES THAT HAVE such activities in accordance with section like to announce for the information of REDUCED CLASS SIZE.—Notwithstanding sub- 6402. Section 6402 shall not apply to other ac- paragraph (B), a local educational agency tivities carried out under this section. the Senate and the public that a hear- that has already reduced class size in the ‘‘(g) ADMINISTRATIVE EXPENSES.—A local ing has been scheduled before the Sub- early elementary grades to 18 or fewer chil- educational agency that receives funds under committee on National Parks, Historic dren (or has already reduced class size to a this section may use not more than 3 percent Preservation, and Recreation of the State or local class size reduction goal that of such funds for local administrative costs. Committee on Energy and Natural Re- was in effect on the day before the date of ‘‘(h) REQUEST FOR FUNDS.—Each local edu- sources. The purpose of this hearing is cational agency that desires to receive funds enactment of the Department of Education to receive testimony on S. 972, a bill to Appropriations Act, 2000, if that goal is 20 or under this section shall include in the appli- fewer children) may use funds received under cation required under section 2208 a descrip- amend the Wild and Scenic Rivers Act this section— tion of the agency’s program to reduce class to improve the administration of the ‘‘(i) to make further class size reductions size by hiring additional fully qualified Lamprey River in the State of New in kindergarten through third grade; teachers. Hampshire; S. 1705, a bill to direct the ‘‘(ii) to reduce class size in other grades; or ‘‘(i) CERTIFICATION, LICENSING, AND COM- Secretary of the Interior to enter into ‘‘(iii) to carry out activities to improve PETENCY.—No funds made available under land exchanges to acquire from the pri- teacher quality, including professional devel- this section may be used to pay the salary of vate owner and to convey to the State opment. any teacher hired with funds made available of Idaho approximately 1,240 acres of ‘‘(D) PROFESSIONAL DEVELOPMENT BY AGEN- under section 307 of the Department of Edu- CIES THAT HAVE REDUCED CLASS SIZE.—If a cation Appropriations Act, 1999, unless, by land near the City of Rocks National local educational agency has already reduced the start of the 2000–2001 school year, the Reserve, Idaho, and for other purposes; class size in the early elementary grades to teacher is certified or licensed within the S. 1727, a bill to authorize funding for 18 or fewer children and intends to use funds State and demonstrates competency in the the expansion annex of the historic provided under this section to carry out ac- content areas in which the teacher teaches. Palace of the Governors, a public his- tivities to improve teacher quality, includ- ‘‘(j) DEFINITION.—In this section, the term tory museum located, and relating to ing professional development activities, the ‘certified’ includes certification through the history of Hispanic and Native State shall make the funds available under State or local alternative routes. American culture, in the Southwest subsection (c) to the local educational agen- ‘‘SEC. 2402. AUTHORIZATION OF APPROPRIA- cy. TIONS. and for other purposes; S. 1849, a bill to ‘‘(3) SUPPLEMENT, NOT SUPPLANT.—Each ‘‘(a) FISCAL YEAR 2001.—There is author- designate segments and tributaries of such agency shall use funds made available ized to be appropriated to carry out this part White Clay Creek, Delaware and Penn- under this section only to supplement, and $1,200,000,000 for fiscal year 2001. sylvania, as a component of the Na- not to supplant, State and local funds ex- ‘‘(b) OTHER FISCAL YEARS.—There are au- tional Wild and Scenic Rivers System; pended for activities described in this sec- thorized to be appropriated to carry out this and S. 1910, a bill to amend the Act es- tion. part such sums as may be necessary for fis- tablishing Women’s Rights National ‘‘(4) LIMITATION ON USE FOR SALARIES AND cal years 2002 through 2005.’’. Historical Park to permit the Sec- BENEFITS.— f ‘‘(A) IN GENERAL.—Except as provided in retary of the Interior to acquire title subparagraph (B), no funds made available NATIVE AMERICAN HOUSING AS- in fee simple to the Hunt House located under this section may be used to increase SISTANCE AND SELF-DETER- in Waterloo, New York. the salaries or provide benefits, other than MINATION ACT AMENDMENTS OF The hearing will take place on participation in professional development 1999 and enrichment programs, for teachers who Wednesday, March 8 at 2:30 p.m. in are not hired under this section. room SD–366 of the Dirksen Senate Of- ‘‘(B) EXCEPTION.—Funds made available CAMPBELL AMENDMENT NO. 2822 fice Building in Washington, DC. under this section may be used to pay the (Ordered to lie on the table.) Because of the limited time available salaries of teachers hired under section 307 of for the hearing, witnesses may testify the Department of Education Appropriations Mr. CAMPBELL submitted an Act, 1999. amendment intended to be proposed by by invitation only. However, those wishing to submit written testimony ‘‘(e) REPORTS.— him to the bill (S. 400) to provide tech- for the hearing record should send two ‘‘(1) STATE ACTIVITIES.—Each State receiv- nical corrections to the Native Amer- ing funds under this section shall prepare ican Housing Assistance and Self-De- copies of their testimony to the Com- and submit to the Secretary a biennial re- termination Act of 1996, to improve the mittee on Energy and Natural Re- port on activities carried out in the State delivery of housing assistance to In- sources, United States Senate, SD–364 under this section that provides the informa- dian tribes in a manner that recognizes Dirksen Senate Office Building, Wash- tion described in section 6202(a)(2) with re- ington, DC 20510–6150. spect to the activities. the right of tribal self-governance, and ‘‘(2) PROGRESS CONCERNING CLASS SIZE AND for other purposes; as follows: For further information, please con- QUALIFIED TEACHERS.—Each State and local On page 19, strike lines 2 through 10 and in- tact Jim O’Toole or Kevin Clark of the educational agency receiving funds under sert the following: Committee staff at (202) 224–6969.

VerDate Mar 15 2010 23:31 Dec 04, 2013 Jkt 081600 PO 00000 Frm 00073 Fmt 4637 Sfmt 0634 E:\2000SENATE\S24FE0.REC S24FE0 mmaher on DSKCGSP4G1 with SOCIALSECURITY S828 CONGRESSIONAL RECORD — SENATE February 24, 2000 AUTHORITY FOR COMMITTEES TO The PRESIDING OFFICER. Without committee on Housing and Transpor- MEET objection, it is so ordered. tation of the Committee on Banking, COMMITTEE ON AGRICULTURE, NUTRITION, AND COMMITTEE ON SMALL BUSINESS Housing and Urban Affairs be author- FORESTRY Mr. CAMPBELL. Mr. President, I ask ized to meet during the session of the Mr. CAMPBELL. Mr. President, I ask unanimous consent that the Com- Senate on Thursday, February 24, 2000, unanimous consent that the Com- mittee on Small Business be authorized to conduct a hearing on ‘‘HUD’s committee on Agriculture, Nutrition, and to meet during the session of the Sen- munity Builders Program.’’ Forestry, be allowed to meet during ate on Thursday, February 24, 2000, be- The PRESIDING OFFICER. Without the session of the Senate on Thursday, ginning at 9 a.m. in room 428A of the objection, it is so ordered. February 24, 2000. The purpose of this Russell Senate Office Building to hold SUBCOMMITTEE ON PERSONNEL meeting will be to discuss risk manage- a hearing entitled ‘‘The President’s Mr. CAMPBELL. Mr. President, I ask ment/crop insurance and possibly other Fiscal Year 2000 Budget Request for the unanimous consent that the Sub- issues before the Agriculture Com- Small Business Administration.’’ committee on Personnel of the Com- The PRESIDING OFFICER. Without mittee. mittee on Armed Services be author- objection, it is so ordered. The PRESIDING OFFICER. Without ized to meet during the session of the objection, it is so ordered. SELECT COMMITTEE ON INTELLIGENCE Senate on Thursday, February 24, 2000 Mr. CAMPBELL. Mr. President, I ask COMMITTEE ON ARMED SERVICES at 2:30 p.m. in open session to receive unanimous consent that the Select testimony on Department of Defense Mr. CAMPBELL. Mr. President, I ask Committee on Intelligence be author- Policies pertaining to recruiting and unanimous consent that the Com- ized to meet during the session of the retention in review of the defense au- mittee on Armed Services be author- Senate on Thursday, February 24, 2000 thorization request for fiscal year 2001 ized to meet during the session of the at 2 p.m. to hold a closed hearing on in- and the future years defense program. Senate on Thursday, February 24, 2000 telligence matters. at 10 a.m., in open session to receive The PRESIDING OFFICER. Without The PRESIDING OFFICER. Without testimony on the National Security objection, it is so ordered. objection, it is so ordered. Implications on export controls and to PERMANENT SUBCOMMITTEE ON INVESTIGATIONS SUBCOMMMITTEE ON TRANSPORTATION AND examine S. 1712, the Export Adminis- Mr. CAMPBELL. Mr. President, I ask INFRASTRUCTURE tration Act of 1999. unanimous consent that the Perma- Mr. CAMPBELL. Mr. President. I ask The PRESIDING OFFICER. Without nent Subcommittee on Investigations unanimous consent that the Sub- objection, it is so ordered. of the Governmental Affairs Com- committee on Transportation and In- COMMITTEE ON BANKING, HOUSING, AND URBAN mittee be authorized to meet during frastructure be authorized to conduct a AFFAIRS the session of the Senate on Thursday, hearing on the Army Corps of Engi- Ms. CAMPBELL. Mr. President, I ask February 24, 2000, 9:30 a.m., for a hear- neers FY 2001 budget on Thursday, Feb- unanimous consent that the Com- ing entitled ‘‘Day Trading: Everyone ruary 24, at 10 a.m. mittee on Banking, Housing, and Gambles But The House.’’ The PRESIDING OFFICER. Without Urban Affairs be authorized to meet The PRESIDING OFFICER. Without objection, it is so ordered. during the session of the Senate on objection, it is so ordered. f Thursday, February 24, 2000, to conduct SUBCOMMITTEE ON AFRICAN AFFAIRS PRIVILEGES OF THE FLOOR a hearing on pending nominations. Mr. CAMPBELL. Mr. President, I ask The PRESIDING OFFICER. Without unanimous consent that the Sub- Mr. LEAHY. Mr. President, I ask objection, it is so ordered. committee on African Affairs of the unanimous consent that Ben Hubbard COMMITTEE ON ENERGY AND NATURAL Committee on Foreign Relations be au- of my staff be given privileges of the RESOURCES thorized to meet during the session of floor throughout the day and for any Mr. CAMPBELL. Mr. President, I ask the Senate on Thursday, February 24, subsequent votes today. unanimous consent that the Senate 2000, at 2:30 p.m. to hold a hearing. The PRESIDING OFFICER. Without Committee on Energy and Natural Re- The PRESIDING OFFICER. Without objection, it is so ordered. sources be authorized to meet during objection, it is so ordered. Mr. ROBERTS. Mr. President, I ask the session of the Senate on Thursday, SUBCOMMITTEE ON FORESTS AND PUBLIC LANDS unanimous consent that the privilege February 24 at 9:30 a.m. to conduct an Mr. CAMPBELL. Mr. President, I ask of the floor be granted to Scott oversight hearing regarding energy unanimous consent that the Sub- Kindsvater, an outstanding pilot. He is supply issues relating to crude oil, committee on Forests and Public a major in the Air Force who happens heating oil, and transportation fuels. Lands of the Senate Committee on En- to come from Dodge City, KS, America. The hearing will examine such issues ergy and Natural Resources be author- He is a congressional fellow from the as the recent price spikes in the North- ized to meet during the session of the Air Force, serving in my office in re- east Region as well as predicted gaso- Senate on Thursday, February 24, at gard to this particular issue. line prices during the peak summer 2:30 p.m. to conduct a hearing. The sub- The PRESIDING OFFICER. Without months. The committee will examine committee will receive testimony on S. objection, it is so ordered. the short and long term causes as well 1722, a bill to amend the Mineral Leas- f ing Act to increase the maximum acre- as the potential fixes. ADDITIONAL STATEMENTS The PRESIDING OFFICER. Without age of Federal leases for sodium that objection, it is so ordered. may be held by an entity in any one State, and for other purposes; and its COMMITTEE ON FINANCE THE NEED FOR RESPONSIBLE companion bill, H.R. 3063, a bill to MILITARY HEALTH CARE REFORM Mr. CAMPBELL. Mr. President, I ask amend the Mineral Leasing Act to in- unanimous consent that the Senate crease the maximum acreage of Fed- ∑ Mr. MCCAIN. Mr. President, I wish to Committee on Finance be authorized to eral leases for sodium that may be held express the need to support respon- meet during the session of the Senate by an entity in any one State, and for sible, significant, military health care on Thursday, February 24, 2000 at 10 other purposes; and S. 1950, a bill to reform. I commend the Chairman of a.m. to hear testimony regarding Medi- amend the Mineral Leasing Act of 1920 the Armed Services Committee and Re- care Reform: Issues and Options. to ensure the orderly development of publican leadership for making enact- The PRESIDING OFFICER. Without coal, coalbed methane, natural gas, and ment of military health care reform a objection, it is so ordered. oil in the Power River Basin, Wyoming top priority in the Senate. COMMITTEE ON THE JUDICIARY and Montana, and for other purposes. Our nation’s military health care de- Mr. CAMPBELL. Mr. President, I ask The PRESIDING OFFICER. Without livery system cries out for strong, unanimous consent that the Com- objection, it is so ordered. meaningful reform. The military mittee on the Judiciary be authorized SUBCOMMITTEE ON HOUSING AND health care delivery system is facing to meet to conduct a markup on Thurs- TRANSPORTATION some very unique challenges. day, February 24, 2000, at 10 a.m., in Mr. CAMPBELL. Mr. President, I ask One of the critical challenges is how SD226. unanimous consent that the Sub- best to reconfigure the military health

VerDate Mar 15 2010 23:31 Dec 04, 2013 Jkt 081600 PO 00000 Frm 00074 Fmt 4637 Sfmt 0634 E:\2000SENATE\S24FE0.REC S24FE0 mmaher on DSKCGSP4G1 with SOCIALSECURITY February 24, 2000 CONGRESSIONAL RECORD — SENATE S829 care delivery system so that it might eligible military retirees and their abandonment of the responsibility that continue to meet its military readiness families by restoring their access to our nation has to assist those who have and peace-time obligations at a time of military health care that was taken served our country to obtain access to continuous change for our base and away when they turned 65. Addition- the health care services they need. force structure. In the process of decid- ally, S. 2013 offers health care options Make no mistake, retiree health care ing how to proceed, I met with and to retirees and would provide addi- is a readiness issue, as well. Today’s heard from many military family tional benefits to active duty servicemembers are acutely aware of members, veterans and military retir- servicemembers and their families. The retirees’ disenfranchisement from mili- ees from around the country. I was in- hallmark of this legislation is that it tary health coverage, and exit surveys undated with suggestions for reform. In offers several new choices to retirees cite this issue with increasing fre- every meeting and every letter, I en- and their families in their health care quency as one of the factors in mem- countered retired service men and delivery services. bers’ decisions to leave service. In fact, women who have problems with every S. 2013 was drafted with the help of a recent GAO study found that ‘‘access aspect of the military medical care The Military Coalition and The Na- to medical and dental care in retire- system—with long waiting periods, tional Military and Veteran’s Alliance. ment’’ was a significant source of dis- with access to the right kind of care, The Military Coalition has strongly en- satisfaction among active duty officers with access to needed pharmaceutical dorsed S. 2013, stating, ‘‘We applaud in retention-critical specialties. drugs, and with the broken promise of your leadership in introducing com- I pledge to work closely with the lifetime health care for military retir- prehensive legislation aimed at cor- Armed Services Committee, my re- ees and their spouses. I heard these recting serious inequities in the mili- spected colleagues from the com- concerns expressed as I have traveled tary health care benefit.’’ mittee, and from both sides of the aisle across the United States over the past While S. 2087 promotes enrollment who have cosponsored my bill, as well several months. expansion in the Federal Employees as groups like the Military Coalition My distinguished colleagues, the Re- Health Benefit Program (FEHBP) dem- and the National Military Veterans Al- publican Leader, Senator LOTT, Armed onstration for Medicare eligible bene- liance, to work out our differences and Services Committee Chairman, Sen- ficiaries, it caps the enrollment levels not abandon the health care coverage needs of our nation’s military retirees, ator WARNER, and Ranking Member, to just 66,000 personnel. This would pre- their families, and survivors. We must Senator LEVIN, introduced a bill that clude world-wide or even nation-wide also addresses the military health care enrollment, a feature offered in my pass comprehensive military health system. The bill is S.2087, the ‘‘Mili- bill. care reform to fulfill our broken prom- tary Health Care Improvements Act of Additionally, S. 2087 expands ise to our military retirees while bol- 2000.’’ I applaud my colleagues in rising TRICARE Senior Prime sites to only stering retention and readiness among today’s servicemembers by assuring to this challenge, and I am pleased to the major medical centers, not nation- them that retention promises will be see that portions of legislation I intro- wide like my bill. This would exclude fulfilled once their active service is duced last month were included in hundreds of thousands of our retired over. their bill. However, I can not cosponsor servicemembers, only addressing the needs of Medicare-eligible retirees and Mr. President, this year will be, in this legislation because it does not do the words of the Joint Chiefs, the year enough to reform the military health their spouses who happen to live near a small number of hospitals. of health care reform. Whether my leg- care delivery system for our veterans, islation, S. 2013—fully supported by the especially our oldest veterans, retirees, Finally, S. 2087 only has a mail-order option for pharmacy requirements of major veteran service organizations and survivors. representing over 9 million members— I have several concerns with the leg- our Medicare-eligible retirees and their families and requires a $150 deductible. is successful or not will depend on sev- islation introduced yesterday. eral factors: Congress’ ability to realize One of the areas of greatest concern My bill offers both a mail order and a real health care reform and provide the among military retirees and their fam- retail pharmacy option. The mail order necessary resources, the Pentagon’s ilies is the ‘‘broken promise’’ of life- option only helps Medicare-eligible re- ability to work with private industry time medical care, especially for those tirees who require long-term medica- to control costs on pharmaceuticals over-age 65. S. 2087 fails to meet what tion like blood pressure bills. However, and health insurance plans, and the I think is the most important require- if the retiree or spouse needs medica- military retirees who utilize the sys- ment, the restoration of the broken tion in a timely manner, it makes tem coming together and galvanizing sense for them to be able to drive or promise of free lifetime medical care support for the future of military walk to their local pharmacy and have promised to retirees and their families health care. We can not abandon the their prescription filled. The bill I have who entered the service prior to June 7, ‘‘greatest generation’’ who are respon- offered allows for this option, The one 1956. The major veteran service organi- sible for the successes and riches we introduced by my colleagues yesterday zations share my view that the number currently enjoy in this great country.∑ one priority is to take care of these does not. older military retirees and their Mr. President, I commend my col- f spouses who were promised lifetime leagues for their efforts to address IN MEMORY OF ‘‘PEANUTS’’ medical care benefits. I was proud to be many of these important military CREATOR CHARLES SCHULZ an original cosponsor of S.2003 that re- health care challenges. Not lost on any ∑ Mrs. FEINSTEIN. Mr. President, on stores the broken promise given to re- of us is the urgent need to address the February 12, we lost the creator of the tirees who entered the service prior to over-age 65 issue since there are report- world’s most popular comic strip, June 7, 1956. I pledge to work with the edly 4,000 World War II, Korean and Charles Schulz. The ‘‘Peanuts’’ comic Chairman and Ranking Member of the Vietnam War-era military retirees strip was a daily staple for millions of Committee on Armed Services to fully dying every month. It is imperative people—not only in America but restore the broken promise to our over- that as changes are made to our na- around the world. 65 military retirees and their families. tion’s military force and continue to be While Charles Schulz’ legions of fans In addition, there are some signifi- made in the future with regard to base mourn the loss of his creative genius, cant differences between S. 2013, the structure, that Congress not only stay he was also a man with a wonderful ‘‘Honoring Health Care Commitments focused on bringing health care costs family who cared deeply about him. I to Service Members Past and Present under control, but that steps be taken want to express my deep sympathy to Act of 2000’’ that I introduced in Janu- to retain the health care coverage so his wife, Jeanne Schulz, his five chil- ary with Senators COVERDELL, ROBB, critical to our nation’s active duty per- dren (Monte, Craig, Meredith, Amy, HAGEL, JEFFORDS and BINGAMAN, and sonnel, their families, retirees, and sur- and Jill), his two stepchildren and 18 the health care bill being introduced vivors. While the world situation ne- grandchildren. Our hearts are with yesterday. cessitates a modified force and base you. My legislation would help repair the structure transformed for the new mil- For half a century, the ‘‘Peanuts’’ ‘‘broken promise’’ given to Medicare- lennium, it should not carry with it an comic-strip has been part of the fabric

VerDate Mar 15 2010 23:31 Dec 04, 2013 Jkt 081600 PO 00000 Frm 00075 Fmt 4637 Sfmt 0634 E:\2000SENATE\S24FE0.REC S24FE0 mmaher on DSKCGSP4G1 with SOCIALSECURITY S830 CONGRESSIONAL RECORD — SENATE February 24, 2000 of our national culture. Charles Schulz’ In his farewell strip, Charles Schulz Student reaction to the Tolerance illustrations have inspired us with its wrote, ‘‘Charlie Brown, Snoopy, Linus, Unit has been profound. At the end of wry humor and endearing cast of char- Lucy * * * how can I ever forget them the unit, teachers can see a much high- acters. Who has not been touched by * * *’’ These characters will stay with er level of awareness among students the trials and tribulations of Charlie us forever and we will certainly never reflected in how they treat and respond Brown, Snoopy, Linus, Lucy, and the forget their creator, Charles Schulz. to each other. I applaud Ms. Eccles and rest of the Peanuts family? There is still something we can do for her colleagues for taking the initiative Here is what some of Charles Schulz’ Charles Schulz and his family. and developing a program that has im- peers had to say about his legacy. For the past several months, I have pacted their students such a positive Rob Rogers, editorial cartoonist of worked on legislation to award Charles way. the Pittsburgh Post-Gazette, said of Schulz the Congressional Gold Medal In addition, Ms. Eccles took on an- Charles Schulz’ legacy to his profes- for his outstanding career and commu- other project to give students a first- sion: nity service. hand look at their country’s history Schulz revolutionized the comic strip. Not In fact, on Thursday, February 10, through a program called the Decades just with his simply and accessible art style just 2 days before Charles Schulz’ pass- Unit. The entire school is divided into but also his strong character development. ing, I formally introduced the legisla- different groups and participates in a He combined the innocence of childhood with tion to award him the Gold Medal. week long program where students put the cynicism of adulthood to create realistic, While Charles Schulz can no longer idiosyncratic and empathetic icons. together historical fashion shows, personally receive this honor, the post- learn and perform popular dances of Cartoonist Mort Walker, the creator humous award would be the proper ges- each decade, and create a time-line of ‘‘Beetle Bailey’’ said of Schulz: ture to his wife Jeanne, their children, outlining significant events in United and to the millions of ‘‘Peanuts’’ fans What he brought to the strips was a whole States history. new attitude . . . [He] brought in pathos, around the world. failure, rejection, all that stuff, and some- As the world’s preeminent car- Ms. Eccles’ great work deserves our how made it funny. toonist, Charles Schulz is more than recognition. Through their creative As one writer observed, Charlie qualified to join the 17 other Ameri- ideas, dedication and hard work, Ms. Brown taught me cans who have received the Congres- Eccles and her fellow teachers have improved the lives of our children and it’s OK to lose. Losing doesn’t mean giving sional Gold Medal for their contribu- up hope. No mater how many times he tion to the Arts. created a greater sense of community missed the football, lost the big game, or I urge my Senate colleagues to join and togetherness in their school. heard Lucy call him a blockhead, he still be- me in posthumously awarding Charles My many visits to schools around lieved in himself. This is the lesson that Schulz the Congressional Gold Medal. Washington state have shown me that helped me get through childhood and now This would be one small token of our the people who see our kids everyday helps me deal with the tangled kite strings are the ones who should have the of adulthood. nation’s great appreciation of this man who gave us all so much.∑ greatest say in their education. It is Charles Schulz was born in Min- teachers like Ms. Eccles who are both f neapolis, MN on November 26, 1922, and the true strength of our education sys- was raised in St. Paul. He acquired an RECOGNITION OF WIND RIVER tem and who can prepare our kids with interest in cartooning while a teen- MIDDLE SCHOOL’S MS. TRACI EC- a foundation for the future. I will con- ager, but was drafted as an army infan- CLES tinue my work to give teachers like tryman in World War II before he could ∑ Mr. GORTON. Mr. President, last Ms. Eccles more freedom to innovate fulfill his career ambition. month I had the pleasure of visiting and improve the lives of our children.∑ In 1947, Schulz started a feature in Wind River Middle School in Steven- the St. Paul Pioneer Press called ‘‘Li’l son, WA. One of the reasons why the f Folks.’’ It was syndicated as Peanuts, students at this school excel is because CELEBRATE AFRICAN AMERICAN launching an unprecedented 50-year of its teachers and the commitment HISTORY MONTH run of over 18,000 comic strip install- they demonstrate each day in their ∑ ments. classrooms. One of the teachers who Mr. KOHL. Mr. President, in many At its peak, Peanuts appeared in has made a tremendous impact on the ways, the life of Carter Woodson rep- close to 3,000 newspapers in 75 coun- education of her students is Ms. Traci resents the history of his race in Amer- tries and was published in over 20 dif- Eccles. Ms. Eccles is a dedicated pro- ica. ferent languages to more than 355 mil- fessional, a staff leader, a team player As a young man in the late 1800s, he lion daily readers. Charles Schulz’ tele- and most importantly, a teacher who worked in the fields and in a coal mine. vision special, ‘‘A Charlie Brown encourages her students to grow. I He took a break from the grueling Christmas,’’ has run for 34 consecutive would like to take this opportunity to work to educate himself, enroll in high years. In all, more than 60 animated recognize Ms. Eccles’ commitment to school and graduate after only two specials have been created based on her students and award her with my years of instruction. He went back to ‘‘Peanuts’’ characters. Four feature 32d Innovation in Education Award. the coal mines to support himself, at- films, 1,400 books, and a hit Broadway As a teacher of language arts to 7th tending school when he could, and musical about the ‘‘Peanuts’’ char- and 8th grade students for more than a eventually earned a doctorate in his- acters also have been produced. decade, she is constantly working to tory from Harvard University. Mr. Charles Schulz’ achievements are all improve the lives of her students. She Woodson went on to become a pas- the more remarkable because, through- has also teamed up with her colleagues sionate student and teacher of Black out his career, he had worked without to create school-wide programs on top- History, establishing an annual reflec- any artistic assistants, unlike most ics such as health and nutrition, stu- tion on his culture’s accomplishments syndicated cartoonists. Schulz pains- dent tolerance, and a hands-on study of and resilience: Black History Month. takingly drew every line and frame in the respective decades of the 20th cen- In celebration of this month, I would his comic strip for 50 years, and unpar- tury. like to recognize another leader who alleled commitment to his art and pro- Six years ago, Ms. Eccles and her col- has worked hard to chronicle the his- fession. leagues wanted to create more toler- tory of people of African heritage: Dr. In 1994, while speaking before the Na- ance amongst their students and start- James Cameron, founder of America’s tional Cartoonists Society, Charles ed a program to examine intolerance in Black Holocaust Museum, located in Schulz said of his comic strip, ‘‘There’s the world and its impact. Eighth grade Milwaukee. This museum is dedicated still a market for things that are clean students must read a book by Elie to documenting the injustices that Af- and decent.’’ Charles Schulz has given Weisel, titled ‘‘Night,’’ that tells the rican Americans have suffered, and to generations of children a cast of color- stories of human suffering and degrada- remind us at how far we’ve come as a ful characters to grow up with and to tion during the Holocaust. The stu- society from the racism of the past. teach the small and large lessons of dents must also keep journals and take Dr. Cameron, the only known living life. part in discussions of current events. survivor of a lynch mob attack in the

VerDate Mar 15 2010 23:31 Dec 04, 2013 Jkt 081600 PO 00000 Frm 00076 Fmt 4637 Sfmt 0634 E:\2000SENATE\S24FE0.REC S24FE0 mmaher on DSKCGSP4G1 with SOCIALSECURITY February 24, 2000 CONGRESSIONAL RECORD — SENATE S831 country, founded America’s Black Hol- Serving in positions of increasing health care, and as a result of her hard ocaust Museum in 1988 after an inspira- trust and responsibility, Sergeant work, a primary health care facility, tional visit to the Yad Vashem Jewish Major Cashaw has displayed remark- La Casa de Buena Salud, was built in Holocaust Memorial in Israel—just as able leadership, technical knowledge, Roswell. Ms. Anaya was instrumental this museum was constructed to re- and superb planning abilities through- to the project’s success. Furthermore, mind us of the atrocities committed out her entire career. Sergeant Major she spearheaded projects to rehabili- against Jewish people during World Cashaw’s exceptional abilities were no- tate housing for the elderly and low-in- War II, Dr. Cameron wanted to ensure tably acknowledged when she was se- come residents in Ward 5. Everyone de- that Americans would not forget what lected as the First Sergeant for the serves decent housing, and many of the kind of inhumanity African Americans Data Systems Unit, White House Com- citizens of Ward 5 benefitted from Ms. have endured. munications Agency. In addition to Anaya’s work for this right. The cre- Today, as I discovered on my own being responsible for 141 joint service ation of recreational areas was an issue visit to the museum, it has grown to personnel, she ensured that 9 million that she dedicated much of her time to, become a major educational and cul- dollars in hand receipt items were making places for the community’s tural center for the nation which thou- maintained without loss. Her direct in- children to play. She also worked to sands of people of many different back- volvement in maintenance operations improve the city’s infrastructure, mak- grounds visit each year. It regularly resulted in a net saving of over one ing the streets safer for the entire hosts prominent exhibitions such as hundred thousand dollars to the Army. Roswell community. Ms. Anaya always historical artifacts collected from a Upon completion of the Sergeant’s worked on behalf of the citizens of wrecked slave ship and a Smithsonian Major Academy, Sergeant Major Roswell, and it is clear that because of exhibit on the civil rights movement. Cashaw assumed the position of Ser- her dedication, many people live a bet- America’s Black History Museum also geant Major for the Army’s largest ter life. prepares educational material for software development organization, the As a council member, Ms. Anaya was teachers and worked with UW-Mil- Information Systems Software Devel- an advocate for Hispanic causes. When waukee to offer an on-site, for-credit opment Center at Fort Lee. Her exem- an English-only speaking rule in the course to undergraduate and graduate plary performance of duty there re- school system threatened the edu- students. sulted in her selection as the Secretary cational opportunities of the students, The work of Dr. Cameron, and this of the General Staff (a position nor- Ms. Anaya rose to overturn the rule. month established by the hard work of mally held by a Major) for the 19th She also fought to increase the hiring Mr. Woodson, remind us that the pro- Theater Army Area Command in of Hispanics by the City of Roswell, tection of civil rights and civil lib- Korea. and her efforts were rewarded when the erties for all should continue to be a Sergeant Major Cashaw culminated City hired their first Hispanic em- top priority. I strongly believe in her career as the Sergeant Major of the ployee. As the Roswell Daily Record equality of opportunity for everyone, U.S. Army Information Systems Soft- states: ‘‘Many people believe that over regardless of race, creed, or gender. Ev- ware Center. Her expert knowledge of 50 years she and her husband, Pete, eryone should have the same equal all Army regulations and policies made have helped advance Hispanic causes in chance to get an education or a job, or her invaluable to the entire command. Roswell more than anyone else in the to own a home or live in the neighbor- Soldiers benefitted from her mentoring city and have done it in a positive, pro- hood of their choice. In other words, we and went on to win CECOM 2nd Quar- ductive way. We agree.’’ all deserve a place at the starting line ter, 3rd Quarter, and 4th Quarter Mary Anaya deserves special recogni- so that we can then use our own abili- boards and CECOM soldier of the year tion for her steadfast work on behalf of ties, hard work and dedication to suc- in 1998. the citizens of Roswell. She performed ceed in life. I am honoring Sergeant Major her civic duties with pride and joy, al- Of course, our country has yet to Cashaw on the Senate floor today as a ways working with a smile. On the fully live up to the promise of equal op- way of thanking her for her faithful council, she was an asset to Roswell, portunity for all. While Congress tries and honorable service to the Army and and as a citizen, she is an asset to us to find ways to address the crisis of dis- to the citizens of the United States.∑ all. Her work will be appreciated for crimination, it is very important that f generations to come.∑ everyone remember that we also have f to respond on a personal level. No mat- IN RECOGNITION OF MARY ANAYA ter what answers Congress comes up ∑ Mr. BINGAMAN. Mr. President, I rise NATIONAL TRIO DAY with here in Washington, people need today to recognize Ms. Mary Anaya of ∑ Mr. KOHL. Mr. President, I rise to try to be role models and lead by ex- Roswell, New Mexico, who recently re- today to bring my colleagues’ atten- ample. By teaching us about the racial tired from the City Council after 18 tion to the celebration of National injustices of the past, celebrating the years of service. As a long time resi- TRIO Day. National TRIO Day was des- resilience of African Americans and dent, city councilor and community ignated by concurrent resolution on educating us about how to move for- leader, Ms. Anaya has worked to better February 24, 1986, by the 99th Congress ward from the prejudice and bias that the Roswell community while holding and is celebrated on the last Saturday plagues much of Black History, Amer- true to her convictions with courage of February each year as a day of rec- ica’s Black Holocaust Museum is one and grace. Though her tenacity alone ognition for the Federal TRIO Pro- such example. is commendable, there is much more gram. This month, let’s all take a moment that deserves recognition. The Federal TRIO Program—con- to reflect on the history African Amer- Ms. Anaya, who represented Ward 5, sisting of the Talent Search, Upward icans and the many lessons that it is an example of a true representative, Bound, Upward Bound Math/Science, teaches us about equality, dignity and always putting her constituents’ needs Veterans Upward Bound, Student Sup- harmony. The dedication of Carter first. During the time she served on the port Services, Ronald E. McNair Post- Woodson and James Cameron to help- council, the people of Ward 5 could de- baccalaureate Achievement Program, ing us remember deserves nothing pend on her thoughtful and considerate and Educational Achievement Cen- less.∑ insight, knowing that their interests ters—was established over 30 years ago f were being diligently represented. to assist low-income students over- Roswell’s Ward 5 is comprised of come class, social, and cultural bar- RETIREMENT OF SERGEANT many of the city’s low-income resi- riers to higher education. MAJOR ANNETTE H. CASHAW dents. Ms. Anaya was a champion of Currently, 2,000 colleges, universities, ∑ Mr. ROBB. Mr. President, today I issues her constituents faced on a daily and community agencies sponsor TRIO rise to honor Sergeant Major Annette basis. She was an advocate of quality Programs, and over 780,000 low-income Cashaw who will retire from the United of life issues, such as health care, hous- students between the ages of 11 and 27 States Army in June 2000, after more ing and community development. She benefit from the services of the TRIO than 26 years of dedicated service. worked tirelessly to improve primary Programs. Most come from families in

VerDate Mar 15 2010 23:31 Dec 04, 2013 Jkt 081600 PO 00000 Frm 00077 Fmt 4637 Sfmt 0634 E:\2000SENATE\S24FE0.REC S24FE0 mmaher on DSKCGSP4G1 with SOCIALSECURITY S832 CONGRESSIONAL RECORD — SENATE February 24, 2000 which neither parent graduated from There being no objection, the Senate Everyone has the right to freedom of college. These students, motivated by proceeded to consider the concurrent thought, conscience and religion; this right their hopes and aspirations, are living resolution. includes freedom to change his religion or symbols of the American dream. Help- Mr. BROWNBACK. Mr. President, belief, and freedom, either alone or in community with others and in public or private, ing to lift them out of poverty benefits earlier today the Senate voted on H.R. to manifest his religion or belief in teaching, not only benefits the students them- 1883, the Iran Nonproliferation Act of practice, worship and observance. selves, but our entire nation. 2000. That bill will shortly be voted on This hour, I call on the Government There are 62 TRIO Programs in Wis- by the House and sent to the President. of Iran—from whom the people of Iran, consin and I have seen these programs I hope he will sign it because it is an by their clear vote this week, are seek- work at the local level. One inspira- important signal that the United ing change—to ensure the safety of tional story involves Dr. Lo from La States will not tolerate the prolifera- these three individuals. Crosse, Wisconsin. As a child, Dr. Lo tion of weapons of mass destruction This hour, I call for the release of fled a refugee camp in war-torn Laos and the means of delivering them. We these individuals—Sirus Zabihi- with his family and came to live in will not tolerate trafficking in missiles Moghaddam, Hedayat Kashefi- Wisconsin. Dr. Lo, with hard work and and the technology with which to build Najafabadi, and Manuchehr Khulusi— the benefit of two TRIO programs, them. I believe that is an important whose only crime was a sincere expres- graduated from UW-La Crosse with a signal for us to send. sion of their faith, which is a universal Bachelor of Science Degree in Biology I also think it is important we recog- fundamental right. and went on to earn a Doctor of Natur- nize what took place this week in Iran. Most importantly, I call upon the opathic Medicine degree from Bastyr This threat occurred, but in the midst Government of Iran to provide freedom University in Seattle, Washington. He of this, 80 percent of the people in Iran of religion to its people—who are returned to Wisconsin to contribute to turned out to vote. They are not inter- yearning for change, as witnessed by the La Crosse community through pri- ested in the entrenched policies of Aya- the vote this week—including their vate practice at the La Crosse Natural tollah Khomeini and his harsh legacy. peaceful yet brutalized Baha’is commu- Health Center, Habitat for Humanity Reformers dominated in the polls. De- nity. I ask for their freedom to express Family Selection Committee, and as a spite the best efforts of the hardline their faith as they see fit. member of the Equal Opportunity Com- clerical institutions to disqualify and Our resolution is in addition to the mission for the city of La Crosse. intimidate popular candidates, the Ira- bill that passed earlier today. It con- There is no limit to what TRIO par- nian people had the courage of their gratulates the Iranian people and says: ticipants can accomplish. Program convictions. They want economic liber- Let’s take other steps forward. No graduates have become successful in alization, they want freedom of the weapons of mass destruction. But, also, all spheres of society and have gone on press, and they want personal liberty. let’s recognize religious freedom, as in to enjoy careers as doctors, lawyers, We in the United States obviously the Universal Declaration of Human astronauts, television reporters, ac- share those convictions and are obvi- Rights, which the Iranian Government tors, state politicians and Members of ously heartened by what took place at has signed on to. Congress, to list a few. Indeed, two of the polls this week in Iran. It should be Mr. President, I ask unanimous con- our colleagues in the House of Rep- noted and applauded, and this resolu- sent that the resolution, S. Con. Res. resentatives, Representative HENRY tion does just that. 83, be agreed to, the preamble be agreed BONILLA and Representative ALBERT R. We say to the Iranian people: Con- to, the motion to reconsider be laid WYNN are graduates of the TRIO Pro- gratulations. Thank you. This is a good upon the table, and that any state- grams. step in moving forward. At the same ments related to the concurrent resolu- I have long supported TRIO and will time, we want to say we will not tol- tion be printed in the RECORD. continue to push for increased funding erate weapons of mass destruction and The PRESIDING OFFICER. Without for these important programs. I am the means of delivering these weapons. objection, it is so ordered. proud to celebrate National TRIO Day We want to send those clear signals. The resolution (S. Con. Res. 83) was and call much deserved attention to There is another thing which is going agreed to. these vital programs. I also encourage on in Iran. Earlier today, I had a press The preamble was agreed to. my colleagues to visit the TRIO Pro- conference with several other people The resolution, with its preamble, grams in their states and learn for about three men—Sirus Zabihi- reads as follows: themselves how successful these pro- Moghaddam, Hedayat Kashefi- S. CON. RES. 83 grams are for our Nation’s students.∑ Najafabadi, and Manuchehr Khulusi— Whereas the Islamic Republic of Iran held three Baha’is who are on death row in f parliamentary elections on February 18, 2000; prison facing imminent execution for Whereas more than 75 percent of the ap- THE CALENDAR the simple reason of practicing their proximately 39,000,000 eligible voters cast Mr. BROWNBACK. Mr. President, I faith. That is it. They are on death row ballots in the elections; Whereas preliminary results indicate that have a series of unanimous consent re- facing imminent death for daring to practice their faith. reformers have won a parliamentary major- quests to put in front of the Senate as ity, freeing Iran’s parliament, the Majlis, of we proceed to close down the Senate This cannot be tolerated. There are hard-line domination for the first time since this evening. nearly 300,000 Baha’is in Iran. It is the the 1979 Iranian revolution; largest religious minority in the coun- f Whereas reformers won elections despite try. They have suffered continuous per- concerted efforts by hard-line Iranian clergy COMMENDING THE PEOPLE OF secution for their peaceful beliefs. I re- to ban reformist forces from the ballot; and IRAN mind the Iranian people who have Whereas the elections show a clear pref- erence by a majority of Iranian voters for de- Mr. BROWNBACK. Mr. President, I voted for freedom this week that this is part of it. This is also something they mocracy, rule of law, and improved relations ask unanimous consent that the Sen- with Western nations: Now, therefore, be it ate proceed to the immediate consider- have signed on to. Resolved by the Senate (the House of Rep- ation of S. Con. Res. 83 submitted by Nearly 50 years ago, the General As- resentatives concurring), That Congress— myself and Senator WELLSTONE. sembly of the United Nations—of which (1) commends the people of Iran for their The PRESIDING OFFICER. The Iran is a member—adopted the Uni- commitment to the democratic process; clerk will report the concurrent resolu- versal Declaration of Human Rights. (2) congratulates reformist parliamentar- tion by title. Since that time, this Universal Dec- ians on their recent electoral victory; (3) reaffirms the desire of the United The assistant legislative clerk read laration has become the bedrock document for human rights. However, the States to see free, democratic political de- as follows: velopment, the restoration of the rule of law, A concurrent resolution (S. Con. Res. 83) Iranian Government continues to be an and full civil and political rights for all Ira- commending the people of Iran for their egregious violator. nians; and commitment to the democratic process and I wish to read one portion of this doc- (4) calls on the Government of Iran to re- positive political reform on the occasion of ument. Article 18 of the Universal Dec- join the community of nations and renounce Iran’s parliamentary elections. laration of Human Rights states: terrorism, opposition to the Middle East

VerDate Mar 15 2010 23:31 Dec 04, 2013 Jkt 081600 PO 00000 Frm 00078 Fmt 4637 Sfmt 0634 E:\2000SENATE\S24FE0.REC S24FE0 mmaher on DSKCGSP4G1 with SOCIALSECURITY February 24, 2000 CONGRESSIONAL RECORD — SENATE S833 peace process, and the development and ac- cruel than in the case of Andrei which declares in Article 19 that ‘‘everyone quisition of weapons of mass destruction. Babitsky, a ten year veteran journalist has the right to freedom of opinion and ex- f of our own Radio Liberty and Radio pression; this right includes the freedom to hold opinions without interference and to DETENTION OF ANDREI BABITSKY Free Europe. seek, receive and impart information and BY THE GOVERNMENT OF THE Babitsky courageously and objec- ideas through any media and regardless of RUSSIAN FEDERATION AND tively covered the 1994–1996 Russo- frontiers.’’ FREEDOM OF THE PRESS IN Chechen war as well as the current No principle lies deeper in the heart RUSSIA conflict. For his accounts of the atroc- of democracy than the right to free ities committed by Russian military speech. And the embodiment of that Mr. BROWNBACK. Mr. President, I and the resilience of the Chechen re- principle is a free press. Not only is ask unanimous consent that the Sen- sistance, he has paid an extremely high freedom of the press a cornerstone of ate now proceed to the immediate con- price. democracy, it is a key catalyst of sideration of S. Res. 261, submitted ear- In mid-January, he was seized in democratic reform. Russia will not be- lier by Senators HELMS, BIDEN, ROTH, Chechnya by Russian forces and de- come a democracy if the Kremlin con- LOTT, and DODD. tained. That is the last heard from him tinues to repress, intimidate, harass, The PRESIDING OFFICER. The directly. and brutalize those journalists who do clerk will report the resolution by The Russian Government’s response not share its point view. Our ability to title. to inquiries about Babitsky’s health help Russia evolve into a democracy The assistant legislative clerk read and whereabouts have been contradic- cannot be effective if we ignore such as follows: tory and dismissive. systematic repression of the press. A resolution (S. Res. 261) expressing the After nearly three weeks of asserting I call upon my colleagues to join me sense of the Senate regarding the detention that Babitsky had not been detained, in supporting this resolution. of Andrei Babitsky by the Government of the that he was about to be freed—and, in- Allow me to close on one point re- Russian Federation and freedom of the press lated to the disappearance of Andrei in Russia. deed, that he had been freed, a Kremlin spokesman summarily announced on Babitsky, freedom of the press in Rus- There being no objection, the Senate February 3 that his government ex- sia and the relationship between Wash- proceeded to consider the resolution. changed Babitsky for three Russian ington and Moscow. Mr. HELMS. Mr. President, during prisoners of war held by the Chechen It has become public knowledge that some in these two capitals contemplate the past 5 months the Government of resistance. a summit meeting in the near future Russia has waged a brutal war against Chechen authorities deny that such between President Clinton and Presi- Chechnya. The Kremlin’s indiscrimi- an exchange ever took place. And, the dent Vladimir Putin. If our govern- nate use of force has left countless Kremlin has not provided one iota of ment is serious about determining the thousands of innocents dead and hun- credible evidence backing its version of dreds of thousands homeless on the icy facts surrounding Andrei Babitsky’s events. Today, the fate of Andrei fate, if our government is serious about plains and in the snow-covered moun- Babitsky remains unknown. He is a fa- tains of the Caucasus. protecting other journalists from such ther with a loving and courageous wife abuse, and if our government is serious We all have seen the photos of and two children. We must pray that Grozny, a city subjected to a travesty about promoting democratic reform in Babitsky will return safely to his fam- Russia, the administration will not witnessed in Europe since the siege ily. of Stalingrad and the leveling of War- promptly dismiss such proposed sum- Mr. President, it is with Andrei mits until Putin has provided a full saw in World War II. Indeed, what has Babitsky in mind, I, along with Sen- been done to Grozny surpasses even the and credible accounting of Babitsky’s ator BIDEN, the Majority Leader, and havoc Milosevic wrought upon the detention and his current whereabouts. Senator ROTH, send to the desk a reso- towns and cities of Bosnia-Herzegovina It is premature to consider summit lution concerning the state of freedom and Kosovo. It is difficult to believe, meetings at a time when the Russian of press in Russia. This resolution re- but it is true. government remains contemptuously counts the facts as we know them in In a time when Western Governments dismissive of Babitsky and our con- the case of Andrei Babitsky, and it un- have turned a blind eye to this conflict, cerns about his safety, not to mention derscores that his detention and dis- the ability of journalists to report ob- the international community’s call for appearance are not isolated incidents jectively on the horrors of this war be- a just peace in Chechnya. but part of the Russian government’s The administration has repeatedly comes all the more important to the ef- broader and systematic repression of stated that the Kremlin will isolate fort to bring an end to this violence the press. itself through its barbaric conduct in and establish a just peace. It expresses our belief that—and at Chechnya. Now is the time for the ad- Russian President Vladimir Putin ap- that this point I shall read the con- ministration to live up to its own pears to recognize this only too well. cluding elements of the pending resolu- words. As a consequence, freedom of the press, tion: Mr. BIDEN. Mr. President, I am a cornerstone of democracy, has be- pleased to join the chairman of the come another victim of his government (1) The detention of Andrei Babitsky by the Government of Russia and the misin- Foreign Relations Committee, Senator and his war against Chechnya. formation it has issued concerning this mat- HELMS, in supporting a resolution re- Mr. President, the Russian govern- ter constitute reprehensible treatment of a garding Andrei Babitsky, a reporter for ment is today systematically censoring civilian in a conflict zone, in violation of the Radio Liberty, who has been missing in the press and attempting to use it to principles set forth in Protocol I to the Ge- Russia since January. disseminate misinformation about pub- neva Conventions, and demonstrate the Mr. Babitsky is a veteran reporter lic events. Journalists in Russia who [Russian] Government’s intolerance toward a for Radio Liberty, the U.S.-funded free and open press; report on the war and other matters in radio broadcasting organization based a manner contradicting the Putin Gov- (2) The conduct by the Government of Rus- sia leaves it responsible for the safety of in Prague. He has reported on Russia ernment do so at great risk. They are Andrei Babitsky; for over a decade, and reported on the subject to intimidation, harassment, (3) The Government of Russia should take Russo-Chechen war from 1994 to 1996 detention, and even violence by Rus- steps to secure the safe return of RFE/RL re- and over the past several months. sian authorities. porter Andrei Babitsky to his family; In mid-January, Mr. Babitsky dis- In one recent case, Russian police at- (4) The Government of Russia should pro- appeared in Chechnya. Since then, Rus- tempted to arrest a journalist and send vide a full accounting of Mr. Babitsky’s de- sian officials have issued contradictory him off to a psychiatric hospital, a tention and the charges he faced; and statements about Mr. Babitsky’s ghoulish effort reminiscent of Putin’s (5) The Russian authorities should immediately halt its harassment of journalists, whereabouts and well-being. On Janu- not to distant career in the Soviet foreign and domestic, who cover the war in ary 26, a Russian presidential spokes- KGB. Chechnya and any other event in the Russian man stated that Babitsky ‘‘left Grozny Nowhere has this suppression of the Federation and should fully adhere to the and then disappeared,’’ and that Rus- free press become more blatant and Universal Declaration of Human Rights sian officials had no knowledge of his

VerDate Mar 15 2010 23:31 Dec 04, 2013 Jkt 081600 PO 00000 Frm 00079 Fmt 4637 Sfmt 0634 E:\2000SENATE\S24FE0.REC S24FE0 mmaher on DSKCGSP4G1 with SOCIALSECURITY S834 CONGRESSIONAL RECORD — SENATE February 24, 2000 whereabouts. Two days later, Russian S. RES. 261 beyond internationally accepted limits their authorities acknowledged to officials Whereas Andrei Babitsky, a dedicated and access to information; and by issuing mis- from Radio Free Europe/Radio Liberty professional journalist for Radio Free Eu- leading and false information; and that Mr. Babitsky had been detained, rope/Radio Liberty (RFE/RL) for the last 10 Whereas the Government of the Russian years, reported on the 1994–1996 and the cur- Federation has egregiously restricted the ef- but that he would soon be released. forts of journalists to report on the indis- Just a few days after that, Russian of- rent Russo-Chechen wars; Whereas on December 27, 1999, the Russian criminate brutality of Russia’s use of force ficials stated that, instead of being re- Information Committee (RIC) in Chechnya in Chechnya: Now, therefore, be it leased, Mr. Babitsky had been handed accused Babitsky of ‘‘conspiracy with Resolved, That it is the sense of the Senate to Chechen rebels in exchange for three Chechen rebels’’ after he broadcast a story that— Russian prisoners of war. that shed unfavorable light on Russian mili- (1) the detention of Andrei Babitsky by the It is now late February. Mr. Babitsky tary actions in Chechnya; Government of the Russian Federation and still has not been heard from, and the Whereas on January 8, 2000, Russian secu- the misinformation the Government of the Russian government has yet to provide rity agents raided Babitsky’s apartment in Russian Federation has issued concerning a credible accounting of his where- Moscow and confiscated several items and this matter— (A) constitute reprehensible treatment of a abouts. later ordered his wife, Ludmila Babitskaya, to report to a local militia station in Mos- civilian in a conflict zone in violation of the The actions and statements of the Geneva Conventions and applicable proto- Government of the Russian Federation cow after she attempted to pick up photo- graphs taken by her husband in Chechnya; cols; and are deeply troubling, not only because Whereas on January 18, 2000, Babitsky was (B) demonstrate the Government of the of what they may mean for Mr. reportedly detained by Russian authorities Russian Federation’s intolerance toward a Babitsky’s well-being, but for what in Moscow but later reports indicated that free and open press; they may portend about the freedom of he was not formally arrested until January (2) the conduct of the Government of the the press in Russia today. Mr. Babitsky 27, 2000; Russian Federation leaves it responsible for is a journalist, working for an Amer- Whereas on January 26, 2000, Russian presi- the safety of Andrei Babitsky; (3) the Government of the Russian Federa- ican-supported news organization. His dential spokesman Sergei Yastrzhembsky said that Babitsky ‘‘left Grozny and then tion should take steps to secure the safe re- detention by the Russian authorities, turn of RFE/RL reporter Andrei Babitsky to and his reported exchange with the disappeared’’ and declared that Russian security services had no idea as to his where- his family; Chechens, violates fundamental norms abouts and that ‘‘his security is not guaran- (4) the Government of the Russian Federa- embodied in the Geneva Conventions teed’’; tion should provide a full accounting of Mr. and applicable protocols. Equally trou- Whereas on January 28, 2000, Russian Babitsky’s detention and the charges he may bling, the detention and mistreatment media officials told RFE/RL that Babitsky face; and of a working journalist is a chilling in- would be released with apologies after hav- (5) the Russian authorities should imme- dication that the Government of the ing been charged with participating in ‘‘an diately halt their harassment of journalists, foreign and domestic, who cover the war in Russian Federation is not committed illegal armed formation’’; Whereas on February 2, 2000, Moscow offi- Chechnya and any other event in the Russian to a fundamental human right: freedom Federation and should fully adhere to the of the press. These are not just the cials announced that Babitsky would be transferred from Naursky district near Universal Declaration of Human Rights, words of one United States Senator. In Chechnya to Gudermes and then to Moscow which declares in Article 19 that ‘‘everyone Russia itself, a leading journalists’ where he would then be released on his own has the right to freedom of opinion and ex- union has stated that the Babitsky recognizance; pression; this right includes the freedom to case is ‘‘not an isolated episode, but al- Whereas on February 3, 2000, Russian presi- hold opinions without interference and to most a turning point in the struggle dential spokesman Sergei Yastrzhembsky seek, receive and impart information and for a press that serves society and not said that Russian officials exchanged ideas through any media regardless of frontiers’’. the authorities.’’ Babitsky for 3 Russian prisoners of war and Several weeks ago, the chairman and on the same day, Vladimir Ustinov, acting f I wrote to Acting President Putin and Russian prosecutor general, said Babitsky had been released and had gone over to the PEACEFUL RESOLUTION OF THE urged Mr. Babitsky’s release. Several Chechens on his own accord; CONFLICT IN CHECHNYA other senators and members of the Whereas the Government of the Russian Mr. BROWNBACK. Mr. President, I other body have expressed similar Federation has repeatedly issued contradic- ask unanimous consent that the Sen- views. Additionally, the Secretary of tory statements on the detention of Andrei ate proceed to the immediate consider- State has raised this matter with sen- Babitsky and provided neither a credible ac- ation of S. Res. 262, introduced earlier ior Russian officials. In Russia, Europe counting of its detention of Babitsky nor today by Senator WELLSTONE. and the United States, there has been any credible evidence of his well-being; The PRESIDING OFFICER. The universal condemnation of the Russian Whereas United Nations High Commis- clerk will report the resolution by Government for its actions in this mat- sioner for Human Rights Mary Robinson stated on February 16 that Russian behavior title. ter. in Chechnya and the detention of Andrei The assistant legislative clerk read Today we have decided to call addi- Babitsky appears to violate the Geneva con- as follows: tional attention to Mr. Babitsky’s ventions to which Russia is a signatory; A resolution (S. Res. 262) entitled ‘‘Peace- plight by introducing this sense of the Whereas on February 16, 2000, Russian ful Resolution of the Conflict in Chechnya.’’ Senate resolution, which criticizes the Human Rights Commissioner Oleg Mironov Government of the Russian Federation denounced Moscow’s handling of Babitsky as There being no objection, the Senate for its actions in the Babitsky matter a violation of Russian law and international proceeded to consider the resolution. and calls on Moscow to provide a full law and stated that the situation sur- Mr. BROWNBACK. Mr. President, I accounting of his detention. rounding Babitsky signals ‘‘that the same ask unanimous consent that the reso- I hope it will get the attention of the thing may happen to every reporter’’; lution and preamble be agreed to en Whereas the Union of Journalists in Russia Russian Government. I hope it will bloc, the motion to reconsider be laid declared on February 16 that the case of upon the table, and that any state- help lead to the truth about the where- Andrei Babitsky is ‘‘not an isolated episode, abouts of Mr. Babitsky. I urge my col- but almost a turning point in the struggle ments relating thereto be printed in leagues to support it. for a press that serves society and not the the RECORD. Mr. BROWNBACK. Mr. President, I authorities’’ and that ‘‘the threat to freedom The PRESIDING OFFICER. Without ask unanimous consent that the reso- of speech in Russia has for the first time in objection, it is so ordered. lution be agreed to, the preamble be the last several years transformed into its The resolution (S. Res. 262) was agreed to, and the motion to reconsider open and regular suppression’’; agreed to. be laid upon the table. Whereas freedom of the press is both a cen- The preamble was agreed to. tral element of democracy as well as a cata- The resolution, with its preamble, The PRESIDING OFFICER. Without lyst for democratic reform; objection, it is so ordered. Whereas the Government of the Russian reads as follows: The resolution (S. Res. 261) was Federation has repeatedly violated the prin- S. RES. 262 agreed to. ciples of freedom of the press by subjecting Whereas the people of Chechnya are exer- The preamble was agreed to. journalists who question or oppose its poli- cising the legitimate right of self-defense The resolution, with its preamble, cies to censorship, intimidation, harassment, against the indiscriminate use of force by reads as follows: incarceration, and violence; by restricting the Government of the Russian Federation;

VerDate Mar 15 2010 23:31 Dec 04, 2013 Jkt 081600 PO 00000 Frm 00080 Fmt 4637 Sfmt 0634 E:\2000SENATE\S24FE0.REC S24FE0 mmaher on DSKCGSP4G1 with SOCIALSECURITY February 24, 2000 CONGRESSIONAL RECORD — SENATE S835 Whereas the Government of the Russian (B) endorse the call of the United Nations consent that the Senate stand in ad- Federation has used disproportionate force High Commissioner for Human Rights for an journment under the previous order. in the bombings of civilian targets in investigation of alleged war crimes com- There being no objection, the Senate, Chechnya which has resulted in the deaths of mitted by the Russian military in Chechnya; at 6:55 p.m., adjourned until Monday, thousands of innocent civilians and the dis- and placement of well over 250,000 others; (C) should take tangible steps to dem- February 28, 2000, at 12 noon. Whereas the Government of the Russian onstrate to the Government of the Russian f Federation has refused to engage in negotia- Federation that the United States strongly tions with the Chechen resistance toward a condemns its brutal conduct in Chechnya NOMINATIONS just peace and instead has charged Chechen and its unwillingness to find a just political Executive nominations received by President Aslan Maskhadov with armed mu- solution to the conflict in Chechnya. tiny and issued a warrant for his arrest; the Senate February 24, 2000: Whereas Russian authorities deny access f DEPARTMENT OF STATE to regions in and around Chechnya by the ORDER FOR STAR PRINT—S. 824 PATRICK FRANCIS KENNEDY, OF ILLINOIS, A CAREER international community, including officials MEMBER OF THE SENIOR FOREIGN SERVICE, CLASS OF of the United Nations, Organization for Se- Mr. BROWNBACK. Mr. President, I CAREER MINISTER, TO BE REPRESENTATIVE OF THE UNITED STATES OF AMERICA TO THE EUROPEAN OFFICE curity and Cooperation in Europe and the ask unanimous consent that a star OF THE UNITED NATIONS, WITH THE RANK OF AMBAS- Council of Europe, and maintain a virtual print of S. 824 be made with the SADOR, VICE GEORGE EDWARD MOOSE. ban on access to Chechen civilians by media changes that are at the desk. NATIONAL SCIENCE FOUNDATION and international humanitarian organiza- The PRESIDING OFFICER. Without NINA V. FEDOROFF, OF PENNSYLVANIA, TO BE A MEM- tions, including the International Federation BER OF THE NATIONAL SCIENCE BOARD, NATIONAL of the Red Cross; objection, it is so ordered. SCIENCE FOUNDATION, FOR A TERM EXPIRING MAY 10, Whereas these restrictions severely limited f 2006, VICE CLAUDIA I. MITCHELL-KERNAN. the ability of these organizations to ascer- DIANA S. NATALICIO, OF TEXAS, TO BE A MEMBER OF THE NATIONAL SCIENCE BOARD, NATIONAL SCIENCE tain the extent of the humanitarian crisis ORDERS FOR MONDAY, FEBRUARY FOUNDATION, FOR A TERM EXPIRING MAY 10, 2006. (RE- and to provide humanitarian relief; 28, 2000 APPOINTMENT) Whereas even limited testimony and gen- FOREIGN SERVICE eral investigation by international organiza- Mr. BROWNBACK. Mr. President, I tions credibly reported widespread looting, ask unanimous consent that when the THE FOLLOWING-NAMED CAREER MEMBERS OF THE SENIOR FOREIGN SERVICE OF THE DEPARTMENT OF AG- summary executions, detentions, denial of Senate completes its business today, it RICULTURE FOR PROMOTION IN THE SENIOR FOREIGN safe passage to fleeing civilians, torture and adjourn until the hour of 12 noon on SERVICE TO THE CLASSES INDICATED: rape committed by Russian soldiers; Monday, February 28. I further ask CAREER MEMBER OF THE SENIOR FOREIGN SERVICE Whereas there are credible reports of spe- OF THE UNITED STATES OF AMERICA, CLASS OF CAREER consent that on Monday, immediately MINISTER: cific atrocities committed by Russian soldiers in Chechnya, including the rampages in following the prayer, the Journal of MATTIE R. SHARPLESS, OF THE DISTRICT OF COLUMBIA proceedings be approved to date, the CAREER MEMBERS OF THE SENIOR FOREIGN SERVICE Alkhan-Yurt where 17 persons were killed in OF THE UNITED STATES OF AMERICA, CLASS OF MIN- December 1999 and in the Staropromyslovsky morning hour be deemed expired, the ISTER-COUNSELOR: district of Grozny where 44 persons were time for the two leaders be reserved for PETER O. KURZ, OF MARYLAND killed in December 1999; and the rapes of their use later in the day, and the Sen- KENNETH J. ROBERTS, OF MISSOURI Chechen prisoners in the Chernokosovo de- THE FOLLOWING-NAMED CAREER MEMBERS OF THE ate then proceed to a period for the FOREIGN SERVICE OF THE DEPARTMENT OF AGRI- tention camp; transaction of morning business until 2 CULTURE FOR PROMOTION INTO THE SENIOR FOREIGN Whereas these credible reports indicate p.m., with Senators speaking for up to SERVICE TO THE CLASS INDICATED: clear violations of international human CAREER MEMBERS OF THE SENIOR FOREIGN SERVICE rights standards and law that must be inves- 5 minutes each, with the following ex- OF THE UNITED STATES OF AMERICA, CLASS OF COUN- tigated, and those responsible must be held ceptions: Senator DURBIN, or his des- SELOR: ignee, from 12 noon until 1 p.m.; Sen- ALLAN P. MUSTARD, OF WASHINGTON accountable; and HOWARD R. WETZEL, OF VIRGINIA Whereas United Nations High Commis- ator THOMAS, or his designee, from 1 to THE FOLLOWING-NAMED PERSONS OF THE AGENCIES sioner for Human Rights Mary Robinson pro- 2 p.m. INDICATED FOR APPOINTMENT AS FOREIGN SERVICE OF- posed on February 20, 2000, the prosecution of FICERS OF THE CLASSES STATED, AND ALSO FOR THE The PRESIDING OFFICER. Without OTHER APPOINTMENTS INDICATED HEREWITH: Russian military commanders for overseeing objection, it is so ordered. ‘‘executions, tortures, and rapes’’; and FOR APPOINTMENT AS FOREIGN SERVICE OFFICER OF Mr. BROWNBACK. Following morn- CLASS TWO, CONSULAR OFFICER AND SECRETARY IN Whereas the Senate expresses its concern THE DIPLOMATIC SERVICE OF THE UNITED STATES OF over the conflict and humanitarian tragedy ing business, I ask unanimous consent AMERICA: in Chechnya, and its desire for a peaceful that the Senate resume consideration AGENCY FOR INTERNATIONAL DEVELOPMENT resolution and durable settlement to the of S. 1134 and that the majority leader NANCY M. MCKAY, OF VIRGINIA conflict: Now, therefore, be it. be immediately recognized. DEPARTMENT OF COMMERCE Resolved, That it is the Sense of the Senate The PRESIDING OFFICER. Without that— BRIAN I. MCCLEARY, OF VIRGINIA (1) the Government of the Russian Federa- objection, it is so ordered. DEPARTMENT OF STATE tion— f (A) immediately cease its military oper- FRANK JOSEPH LEDAHAWSKY, OF WEST VIRGINIA ations in Chechnya and initiate negotiations PROGRAM FOR APPOINTMENT AS FOREIGN SERVICE OFFICERS OF toward a just peace with the leadership of CLASS THREE, CONSULAR OFFICERS AND SECRETARIES Mr. BROWNBACK. For the informa- IN THE DIPLOMATIC SERVICE OF THE UNITED STATES OF the Chechen Government, including Presi- tion of all Senators, the Senate will AMERICA: dent Aslan Maskhadov; AGENCY FOR INTERNATIONAL DEVELOPMENT (B) allow into and around Chechnya inter- convene at 12 noon on Monday and will national missions to monitor and report on be in a period of morning business until MARGARET MCFADDIN HARRITT, OF VIRGINIA DIANE M. LEACH, OF VIRGINIA the situation there and to investigate al- 2 p.m. Following morning business, the CARRIE A. THOMPSON, OF CONNECTICUT leged atrocities and war crimes; Senate will resume debate on the edu- ANNETTE ELIZABETH TUEBNER, OF VIRGINIA ROGER YOCHELSON, OF MASSACHUSETTS (C) allow international humanitarian agen- cation savings accounts legislation. As cies immediate full and unimpeded access to DEPARTMENT OF COMMERCE a reminder, cloture was filed on the bill Chechen civilians, including those in ref- JAMES F. SULLIVAN, OF FLORIDA ugee, detention and so called ‘‘filtration today with the cloture vote scheduled MARILYN J. TAYLOR, OF TEXAS cramps’’ or any other facility where citizens to occur at 2:30 p.m. on Tuesday, Feb- DEPARTMENT OF STATE of Chechnya are detained; and ruary 29. Pursuant to rule XXII, all DONNA MICHAELS, OF WASHINGTON (D) investigate fully the atrocities com- first-degree amendments must be filed SUSAN BUTLER NIBLOCK, OF TENNESSEE mitted in Chechnya including those alleged by 1 p.m. on Monday. For the informa- FOR APPOINTMENT AS FOREIGN SERVICE OFFICERS OF in Alkhan-Yurt, and Grozny, and initiate tion of all Senators, the leader has an- CLASS FOUR, CONSULAR OFFICERS AND SECRETARIES IN prosecutions against those officers and sol- THE DIPLOMATIC SERVICE OF THE UNITED STATES OF diers accused. nounced there will be no rollcall votes AMERICA: (2) the President of the United States of during Monday’s session of the Senate. DEPARTMENT OF STATE America— f PATRICIA O. ATTKISSON, OF VIRGINIA (A) should promote peace negotiations be- COURTNEY E. AUSTRIAN, OF THE DISTRICT OF COLUMBIA tween the Government of the Russian Fed- ADJOURNMENT UNTIL MONDAY, VEOMAYOURY BACCAM, OF IOWA DOUGLASS R. BENNING, OF NEW YORK eration and the leadership of the Chechen FEBRUARY 28, 2000 MARIA E. BREWER, OF INDIANA Government, including President Aslan KERRY L. BROUGHAM, OF CALIFORNIA Mashkadov, through third party mediation Mr. BROWNBACK. Mr. President, if JULIE J. CHUNG, OF CALIFORNIA there is no further business to come be- CARMELA A. CONROY, OF WASHINGTON by the OSCE, United Nations or other appro- JOSEPH GALLAZZI, OF FLORIDA priate parties; fore the Senate, I now ask unanimous DAVID J. GREENE, OF NEW YORK

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RAYMOND F. GREENE, III, OF MARYLAND RENEE D. ODEN, OF VIRGINIA CHRISTINE DEBORAH SHELLY, OF FLORIDA DEBORAH GUIDO-O’GRADY, OF VIRGINIA CATERINA C. PANOS, OF MARYLAND THE FOLLOWING-NAMED CAREER MEMBERS OF THE JANE J. HELLER, OF CALIFORNIA SHEETAL T. PATEL, OF VIRGINIA SENIOR FOREIGN SERVICE OF THE DEPARTMENT OF CHARLES W. LEVESQUE, OF ILLINOIS ROBERT P. PEACOCK, OF VIRGINIA STATE FOR PROMOTION IN THE SENIOR FOREIGN SERV- ALAN D. MELTZER, OF NEW YORK SUSAN M. PEARSON, OF VIRGINIA ICE AS INDICATED, EFFECTIVE NOVEMBER 21, 1999: DAVID TIMOTHY NOBLES, OF CALIFORNIA D. GEOFFREY PECK, OF VIRGINIA PATRICK RAYMOND O’REILLY, OF CONNECTICUT LEIGH CLARE POWELL, OF VIRGINIA CAREER MEMBERS OF THE SENIOR FOREIGN SERVICE DAVID D. POTTER, OF SOUTH DAKOTA KENNETH B. REIDBORD, OF PENNSYLVANIA OF THE UNITED STATES OF AMERICA, CLASS OF MIN- VANGALA S. RAM, OF CALIFORNIA JAMES C. RIGASSIO, OF NEW JERSEY ISTER-COUNSELOR: ERIC NATHAN RICHARDSON, OF MICHIGAN JOHN SCOTT RITCHIE, OF VIRGINIA MARGARET M. DEAN, OF ILLINOIS TAYLOR VINSON RUGGLES, OF VIRGINIA DAVID WAYNE ROCHE, OF VIRGINIA JOHN SEABURY FORD, OF OHIO THOMAS LEONARD SCHMITZ, OF SOUTH DAKOTA CYNTHIA S. RODRIGUEZ-KNOX, OF MARYLAND THE FOLLOWING-NAMED CAREER MEMBER OF THE JONATHAN L.A. SHRIER, OF FLORIDA KATHLEEN F. SCHMIDT, OF VIRGINIA FOREIGN SERVICE OF THE DEPARTMENT OF STATE FOR STEPHANIE FAYE SYPTAK, OF TEXAS SALLY J. SCHNEIDER, OF VIRGINIA PROMOTION IN THE SENIOR FOREIGN SERVICE AS INDI- MARK TESONE, OF CALIFORNIA BONNIE J. SKOVLIN-HUELLER, OF VIRGINIA CATED, EFFECTIVE NOVEMBER 21, 1999: HEATHER ROACH VARIAVA, OF IOWA ANNETTE L. SOWARD, OF VIRGINIA MICHAEL ANTHONY VEASY, OF TENNESSEE MAREN SMITH, OF VIRGINIA CAREER MEMBER OF THE SENIOR FOREIGN SERVICE GLENN STEWART WARREN, OF CALIFORNIA VICTORIA STEWART-MOORE, OF MARYLAND OF THE UNITED STATES OF AMERICA, CLASS OF COUN- THE FOLLOWING-NAMED MEMBERS OF THE FOREIGN E. JEAN SWINDLE, OF VIRGINIA SELOR: SERVICE OF THE DEPARTMENTS OF COMMERCE AND LEONARD EDWARD TAGG, OF VIRGINIA NANCY MORGAN SERPA, OF NEW JERSEY STATE TO BE CONSULAR OFFICERS AND/OR SECRE- NICHOLAS TERRIGNO, OF VIRGINIA TARIES IN THE DIPLOMATIC SERVICE OF THE UNITED JAMES R. THOMPSON, III, OF THE DISTRICT OF COLUM- IN THE AIR FORCE BIA STATES OF AMERICA AS INDICATED: THE FOLLOWING AIR NATIONAL GUARD OF THE UNITED RICHARD M. TIMBERLAKE, OF VIRGINIA CONSULAR OFFICERS AND SECRETARIES IN THE DIP- STATES OFFICERS FOR APPOINTMENT IN THE RESERVE DAVID S. WISENANT, OF VIRGINIA LOMATIC SERVICE OF THE UNITED STATES OF AMERICA: OF THE AIR FORCE TO THE GRADES INDICATED UNDER MINOY WIREN, OF VIRGINIA TITLE 10, U.S.C., SECTION 12203: DENA J. AYERVAIS, OF VIRGINIA RUSSELL G. WOODY, OF VIRGINIA GREGORY J. BACHMAN, OF VIRGINIA To be major general JUSTIN E. BAER, OF MARYLAND THE FOLLOWING-NAMED CAREER MEMBER OF THE SENIOR FOREIGN SERVICE OF THE DEPARTMENT STATE BRIAN J. BARNA, OF VIRGINIA BRIG. GEN. JAMES F. BARNETTE, 0000 FOR PROMOTION IN THE SENIOR FOREIGN SERVICE AS JANICE M. BRUCE, OF MARYLAND BRIG. GEN. GILBERT R. DARDIS, 0000 INDICATED, EFFECTIVE OCTOBER 18, 1992: MONICA BARRAGAN-SMITH, OF VIRGINIA BRIG. GEN. DAVID B. POYTHRESS, 0000 DAVID N. BAYNARD, OF VIRGINIA CAREER MEMBER OF THE SENIOR FOREIGN SERVICE BRIG. GEN. JOSEPH K. SIMEONE, 0000 KIMBERLY M. BLOUNT, OF MARYLAND OF THE UNITED STATES OF AMERICA, CLASS OF MIN- BRIG. GEN. RICHARD E. SPOONER, 0000 DAN R. BOLL, OF VIRGINIA ISTER-COUNSELOR: BRIG. GEN. STEVEN W. THU, 0000 VICKY A. BURGESS, OF VIRGINIA LEO R. WOLLEMBORG, OF NEW YORK BRIG. GEN. BRUCE F. TUXILL, 0000 CHRISTINE A. CAMPBELL, OF FLORIDA COL. SHELBY G. BRYANT, 0000 THE FOLLOWING-NAMED CAREER MEMBER OF THE ROBERT MICHAEL CAMPIONE, OF VIRGINIA COL. KENNETH R. CLARK, 0000 FOREIGN SERVICE OF THE DEPARTMENT OF STATE FOR JANICE K. CHRISTIANSEN, OF VIRGINIA COL. GREGORY B. GARDNER, 0000 PROMOTION INTO THE SENIOR FOREIGN SERVICE, AND RICHARD N. COLLINS, OF CONNECTICUT COL. JOHN B. HANDY, 0000 FOR APPOINTMENT AS A CONSULAR OFFICER AND SEC- NANCY L. CULLINAN, OF VIRGINIA COL. JON D. JACOBS, 0000 RETARY IN THE DIPLOMATIC SERVICE AS INDICATED, JOSEPHINE J. DUMM, OF VIRGINIA COL. CLIFTON W. LESLIE, JR., 0000 EFFECTIVE NOVEMBER 28, 1993: CHRISTIAN A. EADES, OF MARYLAND COL. JOHN A. LOVE, 0000 ANGELA K. ENG, OF VIRGINIA CAREER MEMBER OF THE SENIOR FOREIGN SERVICE, COL. DOUGLAS R. MOORE, 0000 ROGER M. ERVIN, OF THE DISTRICT OF COLUMBIA CLASS OF COUNSELOR, AND CONSULAR OFFICER AND COL. EUGENE A. SEVI, 0000 TODD C. FAULK, OF VIRGINIA SECRETARY IN THE DIPLOMATIC SERVICE OF THE COL. DAVID E.B. STROHM, 0000 MARY SUSAN GALIARDI, OF VIRGINIA UNITED STATES OF AMERICA: COL. HARRY M. WYATT, III, 0000 THOMAS C. GEDDES, OF VIRGINIA ARLYNE E. HEERLEIN, OF OHIO KELLY A. GEORGE, OF VIRGINIA IN THE ARMY KURT B. HALLBERG, OF VIRGINIA THE FOLLOWING-NAMED CAREER MEMBER OF THE THE FOLLOWING NAMED OFFICER FOR APPOINTMENT MALCOLM E. HARRISON, OF VIRGINIA SENIOR FOREIGN SERVICE OF THE DEPARTMENT OF IN THE UNITED STATES ARMY TO THE GRADE INDICATED EDEN HEINSHEIMER, OF THE DISTRICT OF COLUMBIA STATE FOR PROMOTION IN THE SENIOR FOREIGN SERV- UNDER TITLE 10, U.S.C., SECTION 3069 AND IN ACCORD- FINN HOLM-OLSEN, OF VIRGINIA ICE AS INDICATED, EFFECTIVE JUNE 30, 1994: ANCE WITH ARTICLE II, SECTION 2 OF THE CONSTITUTION CHRISTOPHER C. INTAGLIATA, OF VIRGINIA CAREER MEMBER OF THE SENIOR FOREIGN SERVICE OF THE UNITED STATES: JOHN H. JACOBS, OF MARYLAND OF THE UNITED STATES OF AMERICA, CLASS OF MIN- DEBBIE ANN JAMES, OF MARYLAND ISTER-COUNSELOR: To be brigadier general, Nurse Corps TRACY A. KAHN, OF VIRGINIA JAMES T.L. DANDRIDGE, II, OF ALABAMA DAVID L. KELLER, OF VIRGINIA COL. WILLIAM T. BESTER, 0000 SAMUEL R. KOZLOFF, OF FLORIDA THE FOLLOWING-NAMED CAREER MEMBER OF THE MICHAEL J. KRESSE, OF VIRGINIA FOREIGN SERVICE OF THE DEPARTMENT OF STATE FOR f CYNTHIA ANN LANDRUM, OF THE DISTRICT OF COLUM- PROMOTION INTO THE SENIOR FOREIGN SERVICE AS IN- BIA DICATED, EFFECTIVE AUGUST 28, 1994: PAUL D. LENSINK, OF VIRGINIA CAREER MEMBER OF THE SENIOR FOREIGN SERVICE CONFIRMATIONS R. SHANE LINDER, OF VIRGINIA OF THE UNITED STATES OF AMERICA, CLASS OF COUN- ROBERT F. LITVIAK, OF VIRGINIA SELOR: Executive nominations confirmed by GEOFFREY H. LYON, OF VIRGINIA DANIEL MC GAFFIE, OF CALIFORNIA the Senate February 24, 2000: CHRISTOPHER M. MARTIN, OF VIRGINIA MARTIN J. MC ANDREW, OF VIRGINIA THE FOLLOWING-NAMED CAREER MEMBER OF THE THE JUDICIARY STEPHEN N. MC FARLAND, OF VIRGINIA SENIOR FOREIGN SERVICE OF THE DEPARTMENT OF PAULO MENDES, OF MARYLAND STATE FOR PROMOTION IN THE SENIOR FOREIGN SERV- KERMIT BYE, OF NORTH DAKOTA, TO BE UNITED PILAR MILLER, OF VIRGINIA ICE AS INDICATED, EFFECTIVE DECEMBER 7, 1997: STATES CIRCUIT JUDGE FOR THE EIGHTH CIRCUIT. STEVEN MARK MOUTON, OF VIRGINIA CAREER MEMBER OF THE SENIOR FOREIGN SERVICE GEORGE B. DANIELS, OF NEW YORK, TO BE UNITED CHARLES BENJAMIN NANTZ, III, OF VIRGINIA OF THE UNITED STATES OF AMERICA, CLASS OF MIN- STATES DISTRICT JUDGE FOR THE SOUTHERN DISTRICT DANIEL J. O’CONNOR, OF VIRGINIA ISTER-COUNSELOR: OF NEW YORK.

VerDate Mar 15 2010 23:31 Dec 04, 2013 Jkt 081600 PO 00000 Frm 00082 Fmt 4637 Sfmt 9801 E:\2000SENATE\S24FE0.REC S24FE0 mmaher on DSKCGSP4G1 with SOCIALSECURITY Thursday, February 24, 2000 Daily Digest

HIGHLIGHTS Senate passed Iran Nonproliferation Act. Senate Nominations Confirmed: Senate confirmed the fol- Chamber Action lowing nominations: Routine Proceedings, pages S755–S836 By unanimous vote of 98 yeas (Vote No. EX. 13), Measures Introduced: Eighteen bills and seven res- Kermit Bye, of North Dakota, to be United States olutions were introduced, as follows: S. 2089–2106, Circuit Judge for the Eighth Circuit. Pages S757±58, S836 S. Res. 259–262, and S. Con. Res. 82–84. Page S799 By unanimous vote of 98 yeas (Vote No. EX. 14), Measures Passed: George B. Daniels, of New York, to be United Iran Nonproliferation Act: By a unanimous vote States District Judge for the Southern District of of 98 yeas (Vote No. 12), Senate passed H.R. 1883, New York. Pages S758, S836 to provide for the application of measures to foreign Nominations Received: Senate received the fol- persons who transfer to Iran certain goods, services, lowing nominations: or technology. Pages S755±57 Patrick Francis Kennedy, of Illinois, to be Rep- Iran’s Parliamentary Elections: Senate agreed to resentative of the United States of America to the S. Con. Res. 83, commending the people of Iran for European Office of the United Nations, with the their commitment to the democratic process and rank of Ambassador, vice George Edward Moose. positive political reform on occasion of Iran’s par- Nina V. Fedoroff, of Pennsylvania, to be a Mem- liamentary elections. Pages S832±33 ber of the National Science Board, National Science Foundation, for a term expiring May 10, 2006. Detention of Andrei Babitsky: Senate agreed to Diana S. Natalicio, of Texas, to be a Member of S. Res. 261, expressing the sense of the Senate re- the National Science Board, National Science Foun- garding the detention of Andrei Babitsky by the dation, for a term expiring May 10, 2006. Government of Russian Federation and freedom of 18 Air Force nominations in the rank of general. the press in Russia. Pages S833±34 1 Army nomination in the rank of general. Conflict in Chechnya: Senate agreed to S. Res. Routine lists in the foreign service. Pages S835±36 262, entitled the ‘‘Peaceful Resolution of the Con- Communications: Pages S795±98 flict’’ in Chechnya. Pages S834±35 Executive Reports of Committees: Pages S798±99 Affordable Education Act: Senate continued consideration of S. 1134, to amend the Internal Revenue Statements on Introduced Bills: Pages S799±S820 Code of 1986 to allow tax-free expenditures from Additional Cosponsors: Pages S820±22 education individual retirement accounts for elemen- Amendments Submitted: Pages S826±27 tary and secondary school expenses, and to increase the maximum annual amount of contributions to Notices of Hearings: Page S827 such accounts. Pages S758, S774±75 Authority for Committees: Page S828 A motion was entered to close further debate on Additional Statements: Pages S828±32 the bill and, in accordance with the provisions of Privileges of the Floor: Page S828 Rule XXII of the Standing Rules of the Senate, a vote on the cloture motion will occur on Tuesday, Record Votes: Three record votes were taken today. February 29, 2000 at 2:30 p.m. Pages S774±75 (Total—14) Pages S756±58 Senate will resume consideration of the bill on Adjournment: Senate convened at 11:31 a.m., and Monday, February 28, 2000. adjourned at 6:55 p.m., until 12 noon, on Monday, D116

VerDate 16-FEB-2000 04:32 Feb 25, 2000 Jkt 079060 PO 00000 Frm 00001 Fmt 0627 Sfmt 0627 E:\CR\FM\D24FE0.REC pfrm03 PsN: D24FE0 February 24, 2000 CONGRESSIONAL RECORD — DAILY DIGEST D117 February 28, 2000. (For Senate’s program, see the re- for Manpower and Reserve Affairs; Lt. Gen. Donald marks of the Acting Majority Leader in today’s L. Peterson, USAF, Deputy Chief of Staff for Per- Record on page S835.) sonnel; Maj. Gen. Evan R. Gaddis, USA, Com- mander, United States Army Recruiting Command; Committee Meetings Rear Adm. Barbara E. McGann, USN, Commander, United States Navy Recruiting Command; Maj. (Committees not listed did not meet) Gen. Garry L. Parks, USMC, Commander, United States Marine Corps Recruiting Command; and Brig. APPROPRIATIONS—TRANSPORTATION Gen. Peter U. Sutton, USAF, Commander, United Committee on Appropriations: Subcommittee on Trans- States Air Force Recruiting Service. portation and Related Agencies concluded hearings on proposed budget estimates for fiscal year 2001 for HUD COMMUNITY BUILDERS the Department of Transportation, focusing on safety Committee on Banking, Housing, and Urban Affairs: initiatives, after receiving testimony from Vice Adm. Subcommittee on Housing and Transportation con- James C. Card, Commandant, United States Coast cluded oversight hearings on the implementation of Guard, Rosalyn G. Millman, Acting Administrator, HUD’s Community Builders’ Program, focusing on National Highway Traffic Safety Administration, hiring procedures and practices, after receiving testi- Kelley S. Coyner, Administrator, Research and Spe- mony from Senator Bond; Saul Ramirez, Deputy Sec- cial Programs Administration, and Jolene M. retary, D. Michael Beard, District Inspector General Molitoris, Administrator, Federal Railroad Adminis- for Audit, Southwest District, and Irene H. Facha, tration, all of the Department of Transportation. Regional Vice President for the Mid-Atlantic, HUD COLUMBIA SUPPLEMENTAL REQUEST Council of Locals 222, on behalf of the American Federation of Government Employees, all of the De- Committee on Appropriations: Subcommittees on For- partment of Housing and Urban Development. eign Operations, Defense, and Military Construction concluded joint hearings on a proposed supplemental NOMINATIONS request to assist the Government of Columbia in its Committee on Banking, Housing, and Urban Affairs: counter-narcotics efforts, after receiving testimony Committee concluded hearings on the nominations from Thomas R. Pickering, Under Secretary of State of Kathryn Shaw, of Pennsylvania, to be a Member for Political Affairs; Gen. Charles Wilhelm, Com- of the Council of Economic Advisers, and Jay John- mander in Chief, U.S. Southern Command; Luis A. son, of Wisconsin, to be Director of the Mint, De- Moreno, Colombian Ambassador to the United partment of the Treasury, after the nominees testi- States; Oswaldo Antezana, Bolivia Minister of Agri- fied and answered questions in their own behalf. Mr. culture, La Paz; Ramon Jimenez, Ecuador Attorney Johnson was introduced by Senators Kohl and Fein- General, Quito; and Robin Kirk, Human Rights gold. Watch, New York, New York. APPROPRIATIONS—COMMERCE FUEL PRICES Committee on Appropriations: Subcommittee on Com- Committee on Energy and Natural Resources: Committee merce, Justice, State, and the Judiciary concluded concluded hearings to examine energy supply and hearings on proposed budget estimates for fiscal year demand issues relating to crude oil, heating oil, and 2001 for the Department of Commerce, after receiv- transportation fuels in light of recent price esca- ing testimony from William M. Daley, Secretary of lations, after receiving testimony from John Cook, Commerce. Petroleum Division Director, Energy Information Administration, Department of Energy; James R. DEFENSE AUTHORIZATION Schlesinger, Lehman Brothers, and Jerry Jordan, Committee on Armed Services: Subcommittee on Per- Independent Petroleum Association of America, both sonnel concluded hearings on proposed legislation of Washington, D.C.; Adam E. Sieminski, Deutsche authorizing funds for fiscal year 2001 for the De- Bank Alex. Brown, Baltimore, Maryland; Walter B. partment of Defense and the future years defense McCormick, Jr., American Trucking Associations, program, focusing on recruiting and retention prac- Alexandria, Virginia; Gordon Regan, AmeriGas Pro- tices, after receiving testimony from Alphonso pane, Inc., Valley Forge, Pennsylvania, on behalf of Maldon, Jr., Assistant Secretary of Defense for Force the National Propane Gas Association; F. William Management Policy; Lt. Gen. David H. Ohle, USA, Valentino, New York State Energy Research and De- Deputy Chief of Staff for Personnel; Vice Adm. Nor- velopment Authority, Albany; and Gary D. Lauder- bert R. Ryan Jr., USN, Chief of Naval Personnel; Lt. dale, Houston, Texas, on behalf of the Trans- Gen. Jack W. Klimp, USMC, Deputy Chief of Staff continental Gas Pipe Line Corporation.

VerDate 16-FEB-2000 04:32 Feb 25, 2000 Jkt 079060 PO 00000 Frm 00002 Fmt 0627 Sfmt 0627 E:\CR\FM\D24FE0.REC pfrm03 PsN: D24FE0 D118 CONGRESSIONAL RECORD — DAILY DIGEST February 24, 2000 MINERAL LEASING Hearings recessed subject to call. Committee on Energy and Natural Resources: Sub- committee on Forests and Public Land Management AFRICA AIDS CRISIS held hearings on S. 1722 and H.R. 3063, bills to Committee on Foreign Relations: Subcommittee on Afri- amend the Mineral Leasing Act to increase the max- can Affairs concluded hearings to examine the AIDS imum acreage of Federal leases for sodium that may epidemic in Africa, and a related measure, S. 2026, be held by an entity in any one State, and S. 1950, to amend the Foreign Assistance Act of 1961 to au- to amend the Mineral Leasing Act of 1920 to ensure thorize appropriations for HIV/AIDS efforts, after re- the orderly development of coal, coalbed methane, ceiving testimony from Senators Kerry, Boxer, and natural gas, and oil in the Powder River Basin, Wy- Durbin; David Satcher, Surgeon General and Assist- oming and Montana, receiving testimony from Sen- ant Secretary of Health and Human Services for ator Enzi; John Northington, Senior Advisor to the Health; Sandra L. Thurman, Director, Office of Na- Director, Bureau of Land Management, Department tional AIDS Policy; Jeffrey Sachs, Harvard Univer- of the Interior; Terry O’Connor, Arch Coal, Inc., St. sity Institute for International Development, Cam- Louis, Missouri, on behalf of the National Mining bridge, Massachusetts; Harvey E. Bale, Jr., Inter- Association; Vernon A. Isaacs, Jr., Rim Operating, national Federation of Pharmaceutical Manufacturers Inc., Denver, Colorado, on behalf of the Independent Associations, Geneva, Switzerland; Father Angelo Petroleum Association of Mountain States; Robert D’Agostino, Nyumbani Orphanage, Nairobi, Kenya; Ugland, Wyoming Business Council, Cheyenne; and Rev. Franklin Graham, Samaritan’s Purse, Thomas A. Dugan, Dugan Production Corporation, Boone, North Carolina Farmington, New Mexico, on behalf of the Inde- pendent Petroleum Association of America and the DAY TRADING Independent Petroleum Association of New Mexico; Committee on Governmental Affairs: Permanent Sub- Byron F. Oedekoven, Gillette, Wyoming, on behalf committee on Investigations held hearings to exam- of the Coalbed Methane Ad Hoc Committee; John ine the practices of the day trading industry and its M. Corra, FMC Wyoming Corporation, Green River, risks to investors, receiving testimony from Deborah on behalf of the Wyoming Mining Association and M. Field, Counsel, Division of Enforcement, Securi- the Wyoming Soda Ash Producers; and Douglas D. ties and Exchange Commission; Huan Van Cao, Gardner, American Natural Soda Ash Corporation, Providential Securities, Fountain Valley, California; West Point, Connecticut. Fred Zayas, Watertown, Massachusetts, and Barry Hearings recessed subject to call. Parish, San Diego, California, both of All-Tech Di- rect; Justin Hoehn, Momentum Securities, Atlanta, ARMY CORPS OF ENGINEERS BUDGET Georgia; Alyce Wenzel, Huntley, Illinois; Steve Committee on Environment and Public Works: Sub- Buchwalter, Encino, California; Carmen Margala, committee on Transportation and Infrastructure con- Oceanside, California; and Sandra Harlacher, San cluded hearings on the President’s proposed budget Diego, California. request for fiscal year 2001 for the Army Corps of Hearings will continue tomorrow. Engineers, focusing on the Civil Works Program, after receiving testimony from Joseph W. Westphal, INTELLIGENCE Assistant Secretary of the Army for Civil Works, and Select Committee on Intelligence: Committee held closed Lt. Gen. Joe N. Ballard, Chief of Engineers and hearings on intelligence matters, receiving testimony Commanding Officer, both of the Army Corps of from officials of the intelligence community. Engineers. Committee will meet again on Tuesday, February MEDICARE REFORM 29. Committee on Finance: Committee held hearings to ex- BUSINESS MEETING amine Medicare reform proposals, focusing on cost Committee on the Judiciary: Committee ordered favor- containment and expanded benefits, including S. ably reported S. 2042, to reform the process by 1895, to amend the Social Security Act to preserve which the Office of the Pardon Attorney investigates and improve the Medicare program, receiving testi- and reviews potential exercises of executive clem- mony from David M. Walker, Comptroller General ency, with amendments. of the United States, General Accounting Office; and Robert D. Reischauer, Urban Institute, Beatrice SBA BUDGET Braun, on behalf of the American Association of Re- Committee on Small Business: Committee concluded tired Persons, Robert R. Waller, on behalf of The hearings on the President’s proposed budget request Healthcare Leadership Council, and Robert L. Bixby, for fiscal year 2001 for the Small Business Adminis- on behalf of the Concord Coalition, all of Wash- tration, after receiving testimony from Aida Alvarez, ington, D.C. Administrator, Small Business Administration.

VerDate 16-FEB-2000 04:32 Feb 25, 2000 Jkt 079060 PO 00000 Frm 00003 Fmt 0627 Sfmt 5627 E:\CR\FM\D24FE0.REC pfrm03 PsN: D24FE0 February 24, 2000 CONGRESSIONAL RECORD — DAILY DIGEST D119 House of Representatives and Human Services, and Department of Education, 9:30 Chamber Action a.m., SD–124. The House was not in Session. The House will February 29, Subcommittee on Legislative Branch, to meet at 12:30 p.m. on Tuesday, February 29 for hold hearings on proposed budget estimates for the fiscal morning-hour debates. year 2001 for the Architect of the Capitol, General Ac- counting Office, and Office of Compliance, 9:30 a.m., SD–116. Committee Meetings February 29, Subcommittee on Commerce, Justice, No committee meetings were held. State, and the Judiciary, to hold hearings on proposed f budget estimates for fiscal year 2001 for the Department of Justice, 10 a.m., SD–192. COMMITTEE MEETINGS FOR FRIDAY, February 29, Subcommittee on Agriculture, Rural De- FEBRUARY 25, 2000 velopment, and Related Agencies, to hold hearings on (Committee meetings are open unless otherwise indicated) proposed budget estimates for fiscal year 2001 for the assistance to producers and the farm economy, 2 p.m., Senate SD–138. Committee on Armed Services: Subcommittee on Strategic March 1, Subcommittee on VA, HUD, and Inde- Forces, to hold hearings on proposed legislation author- pendent Agencies, to hold hearings on proposed budget izing funds for fiscal year 2001 for the Department of estimates for fiscal year 2001 for the Federal Emergency Defense and the Future Years Defense Program, focusing Management Agency, and Chemical Safety Board, 9:30 on the Department of Energy’s National Nuclear Security a.m., SD–138. programs; to be followed by a closed hearing (SR–232A), March 1, Subcommittee on Interior, to hold hearings 9:30 a.m., SR–222. on the President’s proposed budget request for fiscal year Committee on Foreign Relations: Subcommittee on West- 2001 for the Indian Health Service, Department of ern Hemisphere, Peace Corps, Narcotics and Terrorism, Health and Human Services, 9:30 a.m., SD–124. to hold hearings on the proposed emergency anti-drug as- March 1, Subcommittee on Defense, to hold hearings sistance to Colombia, 10 a.m., SD–419. on proposed budget estimates for fiscal year 2001 for the Committee on Governmental Affairs: Permanent Sub- Department of Defense, focusing on Navy and Marine committee on Investigations, to continue hearings to ex- Corps programs, 2 p.m., SD–192. amine the day trading industry and its practices, 9:30 March 2, Subcommittee on Commerce, Justice, State, a.m., SD–342. and the Judiciary, to hold hearings on proposed budget House estimates for fiscal year 2001 for the Department of State, 10 a.m., S–146, Capitol. No committee meetings are scheduled. March 2, Subcommittee on Transportation, to hold f hearings to examine the implementation of the Driver’s Privacy Protection Act, focusing on the positive notifica- CONGRESSIONAL PROGRAM AHEAD tion requirement, 10 a.m., SD–192. Week of February 28 through March 4, 2000 Committee on Armed Services: February 28, Subcommittee on Strategic Forces, to hold hearings on proposed legisla- Senate Chamber tion authorizing funds for fiscal year 2001 for the Depart- ment of Defense and the Future Years Defense Program, On Monday, Senate will resume consideration of S. 1134, Affordable Education Act. focusing on Ballistic Missile Defense programs, 2 p.m., SR–222. On Tuesday, Senate will vote on the motion to February 29, Full Committee, to hold hearings on pro- close further debate on S. 1134, Affordable Edu- posed legislation authorizing funds for fiscal year 2001 cation Act at 2:30 p.m. for the Department of Defense and the Future Years De- During the remainder of the week, Senate may fense Program, focusing on military strategy and oper- consider any other cleared legislative and executive ational requirements, 9:30 a.m., SH–216. business. February 29, Subcommittee on Strategic Forces, to Senate Committees hold hearings on proposed legislation authorizing funds for fiscal year 2001 for the Department of Defense and (Committee meetings are open unless otherwise indicated) the Future Years Defense Program, focusing on the Office Committee on Appropriations: February 29, Subcommittee of Environmental Management of the Department of En- on Labor, Health and Human Services, and Education, to ergy, 2 p.m., SR–222. hold hearings on proposed budget estimates for fiscal year March 2, Subcommittee on SeaPower, to hold hearings 2001 for the Department of Labor, Department of Health on proposed legislation authorizing funds for fiscal year

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2001 for the Department of Defense, focusing on ship- March 1, Full Committee, to hold hearings to examine building procurement and research and development pro- the war in Chechnya, focusing on Russia’s conduct, the grams and the Future Years Defense Program, 2:30 p.m., humanitarian crisis and United States policy, 10:45 a.m., SR–222. SD–419. March 3, Subcommittee on Readiness and Management Committee on Governmental Affairs: March 2, to hold Support, to hold hearings to examine the management of hearings to examine cyber attacks, focusing on the safety Air Force depot maintenance, 9:30 a.m., SR–222. of the government, 10 a.m., SD–342. Committee on Banking, Housing, and Urban Affairs: Committee on Health, Education, Labor, and Pensions: March 2, to hold hearings to examine the Financial Ac- March 1, business meeting to markup S. 2, to extend counting Standards Board’s pooling accounting regula- programs and activities under the Elementary and Sec- tion, 10 a.m., SD–628. ondary Education Act of 1965, and to consider pending Committee on the Budget: February 29, Committee on the nominations, 9:30 a.m., SD–430. Budget, to hold hearings on the President’s proposed March 2, Full Committee, to hold hearings to examine budget request for fiscal year 2001 for nuclear non-pro- the Ryan White Care Act, focusing on the challenges of liferation, stockpile stewardship, and other energy pro- an evolving HIV/AIDS epidemic, 10 a.m., SD–430. grams, 10 a.m., SD–608. Committee on Indian Affairs: February 29, business meet- Committee on Commerce, Science, and Transportation: March ing to consider pending committee business, 2:30 p.m., 1, to hold hearings on the nomination of John Goglia, SR–485. of Massachusetts, to be a Member of the National Trans- March 1, Full Committee, to hold oversight hearings portation Safety Board; and Carol Jones Carmody, of Lou- on the National Association of Public Administrators’ Re- isiana, to be a Member of the National Transportation port on Bureau of Indian Affairs Management Reform, Safety Board, 10:30 a.m., SR–253. 9:30 a.m., SR–485. March 1, Subcommittee on Science, Technology, and Select Committee on Intelligence: February 29, to hold Space, to hold hearings to examine certain internet issues closed hearings on pending intelligence matters, 2 p.m., for the next generation, 2:30 p.m., SR–253. SH–219. March 2, Subcommittee on Communications, to hold March 1, Full Committee, to hold closed hearings on hearings to examine certain issues relating to the America pending intelligence matters, 9:30 a.m., SH–219. Online/Time Warner merger, 10:30 a.m., SR–253. March 2, Full Committee, to hold closed hearings on Committee on Energy and Natural Resources: February 29, pending intelligence matters, 2 p.m., SH–219. Subcommittee on National Parks, Historic Preservation, Committee on the Judiciary: February 29, to hold hearings and Recreation, to hold hearings on the President’s pro- to examine the AOL/Time Warner merger, 10 a.m., posed budget estimate for fiscal year 2001 for the oper- SD–226. ation of the National Park Service system, 9:30 a.m., February 29, Subcommittee on Criminal Justice Over- SD–366. sight, to hold joint hearings with the House Committee February 29, Full Committee, to hold hearings on the on the Judiciary’s Subcommittee on Crime to examine President’s proposed budget estimates for fiscal year internet denial of service attacks and the federal response, 2001, focusing on the U.S. Forest Service, 2:30 p.m., 2 p.m., 2141, Rayburn Building. SD–366. February 29, Subcommittee on Technology, Terrorism, March 1, Full Committee, to hold hearings on the and Government Information, to hold hearings to exam- President’s proposed budget estimates for fiscal year ine the threats of cyber attacks, 2 p.m., SD–226. 2001, focusing on the Department of the Interior, 9:30 March 1, Full Committee, to hold hearings to examine a.m., SD–366. Cuba’s oppressive government, 10 a.m., SD–226. March 2, Full Committee, to hold hearings on the March 1, Subcommittee on Administrative Oversight President’s proposed budget estimates for fiscal year and the Courts, to hold hearings to examine contractual 2001, focusing on the Department of Energy, 9:30 a.m., mandatory binding arbitration, 2 p.m., SD–226. SD–366. March 2, Full Committee, business meeting to consider March 2, Subcommittee on Forests and Public Land pending calendar business, 10 a.m., SD–226. Management, to hold oversight hearings on the United Committee on Veterans’ Affairs: March 1, to hold joint States Forest Service’s proposed revisions to the regulation hearings with the House Committee on Veterans’ Affairs governing National Forest Planning, 2:30 p.m., SD–366. on the legislative recommendation of the Disabled Amer- Committee on Environment and Public Works: March 1, ican Veterans, 10 a.m., 345, Cannon Building. Subcommittee on Fisheries, Wildlife, and Drinking March 2, Full Committee, to hold joint hearings with Water, to hold hearings to examine the Environmental the House Committee on Veterans’ Affairs on legislative Protection Agency’s proposed rules regarding changes in recommendations of the Jewish War Veterans, Paralyzed the total maximum daily load and NPDES permit pro- Veterans of America, Blinded Veterans Association, and grams pursuant to the Clean Water Act, 1 p.m., SD–406. the Non Commissioned Officers Association, 9:30 a.m., Committee on Foreign Relations: February 29, to hold 345, Cannon Building. hearings on the future of the International Monetary Fund and International Financial Institutions, 10:30 a.m., House Chamber SD–419. To be announced.

VerDate 16-FEB-2000 04:32 Feb 25, 2000 Jkt 079060 PO 00000 Frm 00005 Fmt 0627 Sfmt 0627 E:\CR\FM\D24FE0.REC pfrm03 PsN: D24FE0 February 24, 2000 CONGRESSIONAL RECORD — DAILY DIGEST D121 House Committees Alternative Medicine, 10 a.m., and on National Institute of Environmental Health Sciences, and the National Insti- Committee on Appropriations, February 29, Subcommittee tute of Nursing Research, 2 p.m., 2358 Rayburn. on Agriculture, Rural Development, Food and Drug Ad- ministration, and Related Agencies, on FDA, 10 a.m., March 2, Subcommittee on Military Construction, on 2362–A Rayburn. Navy Construction, 9:30 a.m., and on Army Construc- February 29, Subcommittee on Foreign Operations, on tion, 1:30 p.m., B–300 Rayburn. Fiscal Year 2000 Emergency Supplemental Request for March 2, Subcommittee on Transportation, on Truck Assistance to Plan Colombia and Related Counter-Nar- Safety, 10 a.m., 2358 Rayburn. cotics Program, 3 p.m., 2359 Rayburn. March 2, Subcommittee on VA, HUD, and Inde- February 29, Subcommittee on Interior, on Secretary of pendent Agencies, on American Battle Monuments Com- the Interior, 10 a.m., and on Secretary of Energy, 1:30 mission and the Chemical Safety and Health Investigation p.m., B–308 Rayburn. Board, 10 a.m., H–143 Capitol. February 29, Subcommittee on Labor, Health and March 3, Subcommittee on Treasury, Postal Service, Human Services, and Education, on National Institute of and General Government, on U.S. Customs Service, 10 General Medical Sciences, and the National Institute of a.m., 2359 Rayburn. Neurological Disorders and Stroke, 10 a.m., and on Na- Committee on Armed Services, February 29, Special Over- tional Institute of Diabetes, Digestive and Kidney Dis- sight Panel on the Merchant Marine, hearing on the Fis- eases, and on the National Library of Medicine, 2 p.m., cal year 2001 Maritime Administration authorization re- 2358 Rayburn. quest and related matters, 1 p.m., 2216 Rayburn. February 29, Subcommittee on VA, HUD and Inde- February 29, Subcommittee on Military Procurement, pendent Agencies, on Corporation for National and Com- hearing on Navy shipbuilding programs, 2 p.m., 2118 munity Service, 9:30 a.m., H–143 Capitol. Rayburn. March 1, Subcommittee on Agriculture, on Food, Nu- February 29, Subcommittee on Military Readiness, trition and Consumer Services, 10 a.m., 2362–A Ray- hearing on the adequacy of the Fiscal Year 2001 budget burn. request to meet readiness needs, 2 p.m., 2212 Rayburn. March 1, Subcommittee on Commerce, Justice, State, March 1, Subcommittee on Military Readiness, hearing and the Judiciary, on Secretary of State, 10:30 a.m. and on Real Property Maintenance and Infrastructure funding, Secretary of Commerce, 2 p.m., 2359 Rayburn. 10 a.m., 2118 Rayburn. March 1, Subcommittee on Defense, on Fiscal Year March 1, Subcommittee on Military Research and De- 2001 Department of Defense Budget Overview, 9:30 velopment, hearing on defense-wide research and develop- a.m., 2212 Rayburn. ment programs, 1 p.m., 2118 Rayburn. March 1, Subcommittee on Interior, on Bureau of Land March 2, full Committee, hearing on implementation Management, 10 a.m., H–308 Rayburn. of Department of Energy reorganization and reforms con- March 1, Subcommittee on Labor, Health and Human tained in Title XXXII of the Fiscal Year 2000 National Services, and Education, on National Institute of Allergy Defense Authorization Act, 1 p.m., 2118 Rayburn. and Infectious Disease, and the Fogarty International March 2, Special Oversight Panel on Department of Center, 10 a.m., on Human Genome Research Institute, Energy Reorganization, hearing on the National Nuclear and the National Eye Institute, 2 p.m., 2358 Rayburn. Security Administration, Department of Energy, 10 a.m., March 1, Subcommittee on Transportation, on the 2216 Rayburn. Coast Guard, 10 a.m., 2358 Rayburn. March 2, Subcommittee on Military Installations and March 1, Subcommittee on VA, HUD, and Inde- Facilities, hearing on the Fiscal Year 2001 budget request pendent Agencies, on Office of Science and Technology for military construction and military family housing of Policy, the Council on Environmental Quality, and the Department of Defense, 9:30 a.m., 2212 Rayburn. Cemeterial Expenses of the Army, 9:30 a.m., H–143 March 3, Subcommittee on Military Personnel, hearing Capitol. on sustaining the All Volunteer Force, 9:30 a.m., 2118 March 2, Subcommittee on Agriculture, Rural Devel- Rayburn. opment, Food and Drug Administration, and Related Committee on the Budget, March 2, Members Day, 10 Agencies, on Natural Resources Conservation Service, 10 a.m., 210 Cannon. a.m., 2362–A Rayburn. Committee on Commerce, March 1, Subcommittee on March 2, Subcommittee on Commerce, Justice, State, Oversight and Investigations, hearing on Public Access to and Judiciary, on the Bureau of Prisons, 10 a.m., H–309 the National Practitioner Data Bank: What Consumers Capitol. Should Know About Their Doctors, 10 a.m., 2123 Ray- March 2, Subcommittee on Foreign Operations, on Fis- burn. cal Year 2000 Emergency Supplemental Request for As- March 2, Subcommittee on Energy and Power, hearing sistance to Plan Colombia and Related Counter-Narcotics on the Department of Energy’s Proposed Budget for Fis- Program, 10 a.m., 2359 Rayburn. cal Year 2001, 10 a.m., 2322 Rayburn. March 2, Subcommittee on Interior, on Fish and Wild- March 2, Subcommittee on Health and Environment, life Service, 10 a.m., B–308 Rayburn. hearing on the national implementation of the reformu- March 2, Subcommittee on Labor, Health and Human lated gasoline program, 11 a.m., 2123 Rayburn. Services, and Education, on National Institute of Mental March 3, Subcommittee on Oversight and Investiga- Health, and the National Center for Complementary and tions, hearing on Cyber Insecurity at EPA: GAO Reports

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Agency Systems Vulnerable to Attack, 10 a.m., 2322 Committee on Science, February 29, Subcommittee on Rayburn. Basic Research, to continue hearings on the National Committee on Education and the Workforce, March 1, Sub- Science Foundation Fiscal Year 2001 Budget Authoriza- committee on Early Childhood, Youth, and Families, tion request, Part II: Education and Human Resources, 2 hearing on Building a Nation: The Role of Character p.m., 2318 Rayburn. Education in America’s Schools, 10:30 a.m., 2175 Ray- March 1 and 2, Subcommittee on Energy and Environ- burn. ment, hearings on Fiscal Year 2001 Budget Authorization March 1, Subcommittee on Oversight and Investiga- Request: Department of Energy, 1 p.m., on March 1 and tions, hearing on Financial Management at the Depart- 1:30 p.m., on March 2, 2318 Rayburn. ment of Education, 10:30 a.m., 2261 Rayburn. March 1, Subcommittee on Technology, hearing on March 2, Subcommittee on Workforce Protections, FAA Research and Development Fiscal Year 2001 Budget hearing on the Treatment of Stock Options and Employee Review, 10:30 a.m., 2318 Rayburn. Investment Opportunities under the Fair Labor Standards March 2, full Committee, hearing on EPA’s Sludge Act, 10 a.m., 2175 Rayburn. Rule: Closed Minds or Open Debate, 10 a.m., 2318 Ray- March 3, Subcommittee on Oversight and Investiga- burn. tions, hearing on Charter Schools: Successes and Chal- Committee on Small Business, March 1, hearing on Small lenges, 10 a.m., 2175 Rayburn. Business Administration Reauthorization and Fiscal Year Committee on Government Reform, February 29, Sub- 2001 Budget Request, 10 a.m., 2360 Rayburn. committee on Criminal Justice, Drug Policy and Human Committee on Transportation and Infrastructure, February Resources, hearing on U.S./Mexico Counternarcotics Ef- 29 and March 1, Subcommittee on Aviation, hearings on forts, 10 a.m., 2154 Rayburn. the FAA’s Budget request and funding needs, 9:30 a.m., February 29, Subcommittee on Government Manage- 2167 Rayburn. ment, Information, and Technology, hearing on the Re- February 29, Subcommittee on Coast Guard and Mari- sults of the Internal Revenue Service’s Fiscal Year 1999 time Transportation, hearing on the Coast Guard and Financial Statement Audit, 10 a.m., 2247 Rayburn. Federal Maritime Commission Fiscal Year 2001 budget March 1, 2 and 3, full Committee, hearings on ‘‘The requests, 10 a.m., 2253 Rayburn. Role of Yah Lin ‘Charlie’ Trie in Illegal Political Fund- February 29, Subcommittee on Water Resources and Environment, hearing on the following bills: H.R. 3313, raising,’’ 10 a.m., 2154 Rayburn. Long Island South Restoration Act; and H.R. 2957, Lake Committee on International Relations, March 1, hearing on Pontchartrain Basis Restoration Act of 1999, 2 p.m., U.S. Policy Toward OPEC, 10 a.m., 2128 Rayburn. 2167 Rayburn. March 2, to continue hearings on the Administration’s March 1, Subcommittee on Water Resources and Envi- Fiscal Year 2001 Foreign Assistance Budget Request, em- ronment, hearing on restoration of the Everglades and phasis on the Agency for International Development, 10 South Florida Ecosystem, 1 p.m., 2167 Rayburn. a.m., room to be announced. Committee on Ways and Means, February 29, to mark up Committee on the Judiciary, February 29, Subcommittee H.R. 5, Senior Citizens’ Freedom to Work Act of 2000, on Commercial and Administrative Law, hearing on H.R. 4 p.m., 1100 Longworth. 3312, Merit Systems Protection Board Administrative February 29, Subcommittee on Human Resources, Dispute Resolution Act of 1999, 2 p.m., 2226 Rayburn. hearing on unemployment compensation reform, 1:30 March 1, full Committee, to consider the Committee p.m., B–318 Rayburn. Budget Views and Estimates for Fiscal Year 2001 for February 29, Subcommittee on Oversight, hearing to submission to the Committee on the Budget and to mark review last year’s repeal of the installment method of ac- up the following bills: H.R. 1443, Traffic Stops Statistics counting for accrual basis taxpayers, 1 p.m., 1100 Long- Study Act of 1999; H.R. 2372, Private Property Rights worth. Implementation Act of 1999; and H.R. 1283, Fairness in Permanent Select Committee on Intelligence, February 29, Asbestos compensation Act of 1999, 10 a.m., 2141 Ray- executive, hearing on the NSA, 2 p.m., H–405 Capitol. burn. March 1, executive, to consider pending business, 1 Committee on Resources, hearing on H.R. 3160, Common p.m., and, executive, hearing on the FBI, 1:15 p.m., Sense Protections for Endangered Species Act, 11 a.m., H–405 Capitol. 1324 Longworth. March 2, hearing on Columbia, 12 p.m., 2237 Ray- March 2, Subcommittee on Forests and Forest Health, burn. oversight hearing on Forest Service Planning Rule Revi- sion, 10 a.m., 1334 Longworth. Joint Meetings March 2, Subcommittee on National Parks and Public Joint Meetings: February 29, Senate Committee on the Lands, hearing on H.R. 3605, San Rafael Western Legacy Judiciary, Subcommittee on Criminal Justice Oversight, District and National Conservation Act, 10 a.m., 1324 to hold joint hearings with the House Committee on the Longworth. Judiciary’s Subcommittee on Crime to examine internet Committee on Rules, March 2, Subcommittee on Rules denial of service attacks and the federal response, 2 p.m., and Organization, hearing on the Government Perform- 2141, Rayburn Building. ance and Results and the Legislative Process of House Joint Meetings: March 1, Senate Committee on Veterans’ Committees, 9:30 a.m., H–313 Capitol. Affairs, to hold joint hearings with the House Committee

VerDate 16-FEB-2000 04:32 Feb 25, 2000 Jkt 079060 PO 00000 Frm 00007 Fmt 0627 Sfmt 0627 E:\CR\FM\D24FE0.REC pfrm03 PsN: D24FE0 February 24, 2000 CONGRESSIONAL RECORD — DAILY DIGEST D123 on Veterans’ Affairs on the legislative recommendation of Blinded Veterans Association, and the Non Commis- the Disabled American Veterans, 10 a.m., 345, Cannon sioned Officers Association, 9:30 a.m., 345, Cannon Building. Building. Joint Meetings: March 2, Senate Committee on Veterans’ Commission on Security and Cooperation in Europe: Feb- Affairs, to hold joint hearings with the House Committee ruary 28, to hold hearings to examine Kosovo’s displaced on Veterans’ Affairs on legislative recommendations of the and imprisoned, 2 p.m., B–318, Rayburn Building. Jewish War Veterans, Paralyzed Veterans of America,

VerDate 16-FEB-2000 04:32 Feb 25, 2000 Jkt 079060 PO 00000 Frm 00008 Fmt 0627 Sfmt 0627 E:\CR\FM\D24FE0.REC pfrm03 PsN: D24FE0 D124 CONGRESSIONAL RECORD — DAILY DIGEST February 24, 2000

Next Meeting of the SENATE Next Meeting of the HOUSE OF REPRESENTATIVES 12 noon, Monday, February 28 12:30 p.m., Tuesday, February 29

Senate Chamber House Chamber Program for Monday: After the recognition of two Sen- Program for Tuesday: To be announced. ators for speeches and the transaction of any morning business (not to extend beyond 2 p.m.), Senate will resume consideration of S. 1134, Affordable Education Act.

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