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

Vol. 145 WASHINGTON, TUESDAY, MAY 18, 1999 No. 72 House of Representatives The House met at 12:30 p.m. and was Congress does not endorse the war. clared. It is time to stop this senseless called to order by the Speaker pro tem- We voted overwhelmingly against de- bombing. pore (Mr. PEASE). claring war and yet we are giving the The U.S. has become the world’s f President twice the amount he re- bully. In recent months we have quested to wage the war. It does not bombed Serbia, Bulgaria, Kosovo, Af- DESIGNATION OF SPEAKER PRO make any sense. ghanistan, Sudan, Iraq and China; and TEMPORE We are asking the President to seek in recent years, many others. The SPEAKER pro tempore laid be- reimbursement from NATO members The fetish we have with bombing fore the House the following commu- since we have assumed the financial anybody who looks cross-eyed at us has nication from the Speaker: burden for fighting this war. This has preoccupied our leaders for several dec- WASHINGTON, DC, tremendous appeal but cannot com- ades regardless of which party has been May 18, 1999. pensate for the shortsightedness of in power. I hereby appoint the Honorable EDWARD A. spending so much in the first place. We may not be willing to admit it, PEASE to act as Speaker pro tempore on this The money may well never be recouped but it is hardly the way to win friends day. from our allies, and even if some of it and influence people. It is lousy diplo- J. DENNIS HASTERT, is it only encourages a failed policy of macy. It must stop. The only reason we Speaker of the House of Representatives. military adventurism. If this policy get away with it is because we are the f works, the United States, at Congress’ military and economic superpower, but MESSAGE FROM THE PRESIDENT urging, becomes a hired gun for the that only leads to smoldering resent- international order, a modern day gov- ment and an unsustainable financial A message in writing from the Presi- ernment mercenary. This is not con- commitment that will in due time dent of the United States was commu- stitutional and it is a bad precedent to come to an end. Our superiority is not nicated to the House by Mr. Sherman set. guaranteed to last. Williams, one of his secretaries. Reimbursement for the Persian Gulf NATO, through their daily briefings, f War has helped to perpetuate that con- has been anxious to reassure us that its flict now going on for nearly a decade. cause is just. Yet NATO cannot refute MORNING HOUR DEBATES It is time to think about a more sen- the charge that the refugee problem The SPEAKER pro tempore. Pursu- sible foreign policy. was made much worse with the com- ant to the order of the House of Janu- We should not encourage the sense- mencement of the bombing. ary 19, 1999, the Chair will now recog- less and immoral NATO aggression Yesterday it was reported in the Los nize Members from lists submitted by against Serbia. The funding of this war Angeles Times by Paul Watson, in the majority and minority leaders for should not be approved, no matter stark contrast to NATO’s propaganda, morning hour debates. The Chair will what special interest appropriations that in Svetlje, Yugoslavia, 15,000 Alba- alternate recognition between the par- have been attached to the initial re- nians displaced by the bombing remain ties, with each party limited to 30 min- quest to gain support for this special near their homes in north Kosovo, in- utes, and each Member, except the ma- spending measure. cluding hundreds of young military age jority leader, the minority leader, or Our bombing continues to complicate men, quote, strolling along the dirt the minority whip, limited to 5 min- the mess we helped create in Yugo- roads or lying on the grass on a sunny utes. slavia. Just about everyone concedes day. There were no concentration The Chair recognizes the gentleman that the war cannot be won without camps, no forced labor and no one serv- from Texas (Mr. PAUL) for 5 minutes. massive use of ground troops, which ing as human shields according to an f fortunately no one is willing to com- Albanian interviewed by the Los Ange- mit. So the senseless bombing con- les Times. Many admitted they left SUPPLEMENTAL APPROPRIATIONS tinues while civilian casualties mount. their homes because they were scared Mr. PAUL. Mr. Speaker, we will later And whom are we killing? It looks like after the bombing started. Some of the today vote on the conference report to we are killing as many innocent Alba- Albanians said the only time they saw H.R. 1141, the bill to further fund nians for whom we have gone to war as the Serb police was when they came to NATO’s aggression in Yugoslavia. The innocent Serbs. sell cigarettes to the Albanians. President has requested $7.9 billion but Why are we killing anybody? There We should not be in Yugoslavia for Congress has felt compelled to give has been no aggression against the obvious constitutional and moral rea- him $15 billion. United States and no war has been de- sons, but the American people should

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

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. H3218 CONGRESSIONAL RECORD — HOUSE May 18, 1999 not believe the incessant propaganda had not gone into entertainment she Today the community gardens are that is put out by NATO on a daily probably would have pursued a career safe, New York City is richer and hope- basis. NATO’s motives are surely sus- as an urban planner, and she certainly fully politicians like Giuliani have pect. I meet no one who can with a has moved to the forefront in pro- learned a lesson. Sometimes that just straight face claim that it was NATO’s moting livability with her personal ad- means listening to the people about concern for the suffering of the refu- vocacy and investment. what makes communities and neigh- gees that prompted the bombing and This was most apparent last week borhoods work. demands by some to escalate the war when she spearheaded the rescue of 112 Congress can certainly do its part by with the introduction of ground troops. pocket parks and community gardens enacting legislation to make contribu- Even with NATO’s effort to justify in New York City from being sold for tions to the public easier for things its aggression, they rarely demonstrate redevelopment. Had Miss Midler not like scenic and conservation easement, a hit on a military target. All this fine stepped in, along with the Trust for agriculture and timberlands and wet- star wars technology and we see reruns Public Land and a group that she land conservation. The public has of strikes with perfect accuracy hitting founded in 1994, the New York Restora- learned, with the help of Miss Midler infrastructures like bridges and build- tion Project, a great number of New and others, that it can challenge city ings. I have yet to see one picture of a Yorkers would have lost the joy they hall and win, which may be the most Serbian tank being hit, and I am sure have received from these gardens. important lesson of all for livable com- if they had some classy film like that Over a third of a century ago, author munities. we would have seen it many times on Jane Jacobs captured in her book, The f the nightly television. Life and Death of Great American Cit- NATO must admit its mistake in en- ies, the importance of places for people ADDRESSING THE CONCERNS OF tering this civil war. It violates the to congregate over sterile formal FOLKS BACK HOME NATO treaty and the U.N. Charter, as parks, planned with even the best of in- The SPEAKER pro tempore. Under well as the U.S. Constitution. The mis- tentions, in ways that do not speak to the Speaker’s announced policy of Jan- sion has failed. The policy is flawed. In- people’s needs for diversity and connec- uary 19, 1999, the gentleman from Illi- nocent people are dying. It is costing a tion. nois (Mr. WELLER) is recognized during lot of money. It is undermining our na- In threatening to auction these small morning hour debates for 5 minutes. tional security and there are too many gardens to the highest bidder, Mayor Mr. WELLER. Mr. Speaker, it is my accidents. Giuliani not only added to the evidence privilege to represent a very diverse I am sick and tired of hearing that he does not get the revitalization district in Illinois. I represent the NATO’s daily apologies. taking place in New York City, that it south side of Chicago and the south There's nothing America can be proud of in needs to be about more than simply suburbs in Cook and Will Counties, a this effort and if we don't quickly get out of it, adding police officers on the corner, lot of bedroom communities and farm it could very well escalate and the getting out talking tough and bribing the New towns, too. When one represents such a made impossible. The surest and quickest York Yankees to stay in New York diverse district, they learn to listen to way to do this is for Congress today to reject City. the concerns back home and try and re- the funding for this war. Revitalization is most effective when spond to those concerns. The only answer to senseless foreign inter- it brings people together. When people I have had one very common message vention is a pro-American constitutional policy invest in their communities, they feel that I hear in the city and in the sub- of non-intervention in the affairs of other na- that they have ownership in the neigh- urbs and in the country in the diverse tions; a policy of friendship and trade with borhood, and this feeling of ownership district that I represent, and that mes- those who are willing and neutrality with oth- is undoubtedly the most effective de- sage is pretty simple. People back ers who are involved in conflict. This is the terrent to crime and deterioration. home want us to work together and only policy that makes sense and can give us Community gardens take little en- find solutions to the challenges that we the peace and prosperity all Americans desire. claves that otherwise might be garbage are facing. f dumps or staging areas for crime and I am proud to say that over the last turns them not just into green oasis 41⁄2 years, we have listened and we have KUDOS FOR BETTE MIDLER but a place where people want to go. responded to those concerns to work to The SPEAKER pro tempore. Under They define community pride, engage- change how Washington works, to the Speaker’s announced policy of Jan- ment and involvement. make Washington more responsive to uary 19, 1999, the gentleman from Or- Under the guise of providing money the folks back home. I am proud to say egon (Mr. BLUMENAUER) is recognized and housing opportunities, Giuliani that we accomplished some things we during morning hour debates for 5 min- proposed selling off for a couple million were told we could not do. We were told utes. dollars these little neighborhood gems. we could not balance the budget. We Mr. BLUMENAUER. Mr. Speaker, my Put aside for a moment that the were told we could not balance the goal in Congress is to help the Federal amount of money is minuscule com- budget and lower taxes. We were told Government be a better partner with pared to the hundreds of millions of we could never reform our welfare sys- State and local governments, with dollars Giuliani has talked about sub- tem, but we did. business and private citizens, to do ev- sidizing for a few selected businesses. I am proud to say in the last 41⁄2 erything it can in promoting livable Also ignore for a moment that there years that we balanced the budget for communities, because what our fami- are thousands of run-down, dilapidated the first time in 28 years, producing a lies really care about is that their chil- buildings and vacant lots that would be projected $2.8 trillion surplus of extra dren are safe when they go out the door prime candidates for redevelopment in tax revenues. We lowered taxes for the to school in the morning, that families New York City. middle class for the first time in 16 are economically secure and healthy. This case illustrates the strengths of years and 3 million Illinois children There is a vital component to this partnership and why I for one do not now qualify for the $500 per child tax livability movement that goes well be- trust any one single level of govern- credit back home in my State of Illi- yond the crafting of Federal legisla- ment on its own because there is clear- nois. That is $1.5 billion that will stay tion. The most powerful livability ly enough insensitivity and ineptitude in Illinois rather than coming here to champions out there make the message to go around. Washington. real. They are the folks who take the The public which has fought so hard We also reformed our welfare system, rhetoric one step farther and actually to establish these toeholds fortunately which was failing beyond imagination. walk the talk. For the last 3 months I pushed back, and luckily the partners We reformed our welfare system for the have been especially intrigued by one existed in New York City that make first time in a generation. As a result such person, Bette Midler, who first livable communities strong and vital. of our welfare reform, we have seen the got my attention when she took to na- They provided not just money and in- welfare rolls in Illinois cut in half. We tional syndicated television a few terest but the spark that brought those have balanced the budget. We lowered months back and confessed that if she pieces together. taxes for the middle class. We reformed May 18, 1999 CONGRESSIONAL RECORD — HOUSE H3219 our welfare system. That is pretty nity centers and the grain elevators in Following his retirement from the good. the district that I represent, when are military, Mr. Barak served as the Folks often say those are real accom- we going to do something about the tax Army Chief of Staff and Interior Min- plishments, but what is next on Con- burden on families? Today the average ister under former Prime Minister gress’ agenda? We are working to con- family in Illinois sends 40 percent of Yitzhak Rabin, then Foreign Minister tinue responding to the issues and con- their income to Washington and under Prime Minister Shimon Peres. cerns of the folks back home and we Springfield and the local courthouse in When I traveled to Israel in 1997, I had have a simple agenda in this Congress. taxes. a chance to meet with Mr. Barak, who The Republican agenda is simple: Good The tax burden today for the middle was serving as the leader then of the schools, low taxes and a secure retire- class is at its highest level ever in Labor Party. I was impressed with Mr. ment for all America, and our budget peacetime history. Twenty-one percent Barak’s meticulous attention to detail, that were working on today reflects of our gross domestic product goes to commitment to important issues, and that. Washington. That is the highest level his construction of an aggressive grass- I am often asked some questions in ever in peacetime history, and it is roots political operation. Throughout town meetings back home. One of the putting a tremendous squeeze on mid- the campaign, Barak promised, if elect- most important ones we addressed this dle class families. ed, to continue Yitzhak Rabin’s legacy year. I am often asked by folks, wheth- I believe as we work to lower the tax of reviving negotiations with the Pal- er at a senior citizen’s center, a union burden on middle class families we estinians and making an impassioned hall or a VFW, when are the politicians should simplify the Tax Code; we personal commitment to the peace ef- in Washington going to stop raiding should work to bring fairness to the fort. I am also impressed with Prime Min- the Social Security trust fund? That is Tax Code, beginning with the elimi- ister-elect Barak’s appreciation and a pretty important, basic question. Of nation of the marriage tax penalty. It understanding of the American-Israeli course, Washington has raided the So- is simply wrong that under our Tax partnership, a partnership that goes cial Security trust fund for over 30 Code 21 million married working cou- beyond common political and strategic years. Back when LBJ was president, ples on average pay $1,400 more in high- bonds. Both nations share a common Washington began that process, and er taxes just because they are married. set of values: freedom, individual re- bad habits are hard to break. I am Let us lower taxes by simplifying the sponsibility, hope and opportunity. It proud to say this Republican Congress Tax Code by eliminating the marriage is no coincidence that the birth of is going to lock away 100 percent of So- tax penalty, let us pay down the na- Israel coincided with the rise of the tional debt and let us save Social Secu- cial Security revenues for social secu- United States as the world’s pre- rity. rity only. eminent power. Our futures, both the b 1245 f United States’ and Israel’s, are tightly Let me point out here what this ISRAEL’S COMMITMENT TO intertwined. Our shared traditions, means, and I will compare the Repub- DEMOCRATIC VALUES CONTINUES which respect and value human rights, lican budget with the Clinton-Gore The SPEAKER pro tempore. Under democracy, free speech, religious toler- budget on Social Security. The Repub- the Speaker’s announced policy of Jan- ance, are the seeds of a lasting peace lican budget, of course, locks away 100 uary 19, 1999, the gentleman from throughout the world and in the Middle East. percent of Social Security for Social Texas (Mr. BENTSEN) is recognized dur- The elections held yesterday are Security. I would point out that $137 ing morning hour debates for 5 min- proof that the people of Israel are de- billion of the Social Security surplus utes. termined to withstand pressures and under our lockbox will stay in Social Mr. BENTSEN. Mr. Speaker, as we maintain a democracy, build a vibrant Security. all know, yesterday the people of Israel economy and achieve peace and secu- Now, the President talks about 62 demonstrated their commitment to rity in the entire region. Our Nation percent of the surplus for Social Secu- democratic values by electing a new has watched and admired a brave, de- rity, and what the President and Vice Prime Minister, Ehud Barak, a highly termined and sometimes very divided President Gore are talking about doing respected, decorated soldier and former people build a democracy under dif- is spending 38 percent of Social Secu- leader of the Israeli Army. Despite the ficult circumstances that often have rity on other things. That is what the strong differences voiced during the tested their resolve. folks back home call raiding the Social campaign, both Mr. Barak and Prime Throughout the past decade, Israel Security Trust Fund. Minister Netanyahu deserve our con- has lived and thrived through espe- Republicans say 100 percent of Social gratulations for articulating thought- cially difficult circumstances: the as- Security for Social Security. Clinton- ful visions for the people of their coun- sassination of Israel’s great leader Gore, they say 62 percent and spend the try. Yitzhak Rabin, repeated terrorist at- rest on other things. We want to put a As he prepares to leave office, I com- tacks, waves of immigrants chal- stop to that, and that is why the mend Prime Minister Netanyahu’s ac- lenging Israel’s complex and the very lockbox proposal Republicans are mov- complishments. He stood by his com- contentious national elections. ing through the Congress is so impor- mitment to take Israel down a road of Through it all, the people of Israel tant, because it is the first step we less reliance on U.S. economic assist- stood strong, holding to its values and should take as we work to save Social ance and a greater reliance on the pow- its belief that their country will re- Security. Let us lock away Social Se- erful forces of capitalism and free mar- main strong and at peace. curity first before we consider any kets. I commend him for setting his na- I have also been encouraged by Mr. other reforms. tion on a course of economic independ- Barak’s willingness to return to the Another question I am often asked is ence. Because of his willingness to land-for-peace Israeli commitments no one ever talks about the national work with his fellow citizens and his under the Wye River Peace Agreement debt. Let me point out that in this demonstrated leadership, Israel is a vi- brokered by President Clinton last Oc- budget this year, we are in a position brant, strong, self-reliant nation. tober. As the Israeli government now where we are going to be able to pay The Prime Minister-elect, Ehud changes hands, I am hopeful that the down $1.8 trillion of the national debt. Barak, left the ranks of the military Middle East peace process can take Last year we paid off $50 billion; this just four years ago after a highly dis- meaningful steps forward. year we are projected to pay off $100 tinguished 36-year career as a platoon It is critical that the United States billion of the national debt, and under leader, tank battalion chief, senior in- continue to support Israel’s commit- our budget we propose the potential of telligence analyst and head of the ment to see an end to terrorist aggres- paying down $1.8 trillion of the na- Israeli Army. As Israel’s most deco- sion and State-sponsored attacks tional debt. Saving Social Security, rated soldier, Ehud Barak is perhaps against its citizens and cities. We must paying down the debt. best known as the catalyst of the 1972 also support Israel’s desire to move the I am also asked at the union halls storming of a Sabena airliner hijacked peace process by requiring that exist- and the VFWs and the other commu- by guerrillas at Tel Aviv’s airport. ing peace agreements be respected by H3220 CONGRESSIONAL RECORD — HOUSE May 18, 1999 all sides. We should embrace these con- fend the citizens of this great country, the president or the person of William Jeffer- ditions, for they have at their core the and we leave ourselves vulnerable in an son Clinton. They, not I, put him in a classi- values of any true democracy, the val- unstable post-Cold War climate. fication different from recent past presi- ues of personal freedom. Mr. Speaker, a constituent of mine dents. Now that the citizens of Israel have recently forwarded to me a letter from 1. THE YUGOSLAV PEOPLE DO NOT THINK AS WE spoken again, we must work to ensure Charles Hunter, a military Reservist DO that the Nation of Israel remains on who served in Bosnia for nine months. Due to the unique position and job which I course towards peace. Because of the I want to share with my colleagues had while I was in Bosnia, I had the oppor- tunity to interview between 100 and 200 peo- perseverance, ingenuity and faith of its some of what he observed. I feel very ple each day for nearly 8 months. These peo- people, Israel has overcome the most strongly that his words and observa- ple were mostly Croats and Muslims. How- daunting of challenges and become one tions will prove much more powerful ever, during the last month of my tour my of the world’s great nations. I am con- than my own. focus was with the Serbs. Because I had fident that the people of the United In an open letter to Congress, Mr. learned the language, these people felt that I States stand ready to help the people Hunter wrote, ‘‘It would be interesting was different than the majority of British of Israel as they continue moving down to note what light further history will and American soldiers they met and as a re- a road of peace, security and economic cast on the actions currently being im- sult they opened up to me. All of these peo- ple told me that as soon as we leave, if it is self-reliance. plemented by this administration and in one year, five years, or fifty years, they f enabled by this Congress.’’ Mr. Hunter will go back to killing each other. further states, ‘‘It is interesting to ENFORCE THE WAR POWERS ACT All of the sides committed mass execu- note that this is the first time that we tions, as is the case in Kosovo now. Look at The SPEAKER pro tempore. Under have attacked another sovereign na- the history of the region. I think that you the Speaker’s announced policy of Jan- tion unprovoked and uninvited by a will find it was not too long ago that the uary 19, 1999, the gentleman from host or exiled government.’’ He further KLA was viewed to be a terrorist organiza- North Carolina (Mr. JONES) is recog- states, ‘‘To me, this is a huge and piv- tion. They were raping, executing, burning nized during morning hour debates for and looting the Serbs in an attempt to drive otal point, the possible effects of which them out of Kosovo. This was not that long 5 minutes. are frightening.’’ Mr. Hunter further ago. Our response at the time was probably Mr. JONES of North Carolina. Mr. states, ‘‘Should we some day have a tempered by the fact that our Secretary of Speaker, 56 days ago President Clinton revolution in our land that is an af- State was not Serb, as now Mrs. Albright is launched a massive offensive air cam- front to some sort of world entity, we Albanian. These people do not forget the paign against Yugoslavia. Over the have now forfeited the right to handle wrongs done to them. Unless a firm handed past few weeks we have witnessed the things as we as a Nation see fit. If we dictator is in power, like Tito or perhaps capture and release of three United continue down this road before us, we NATO, these people will not live together. Period. States soldiers. We have seen destruc- will be handing national sovereignty, tion, lives lost, and hundreds of thou- for any Nation, over to some non- 2. HUMANITARIANISM IS A POOR EXCUSE FOR MILITARY DIPLOMACY sands of men, women and children elected multinational body.’’ forced to leave their homes and seek Mr. Hunter further states, ‘‘My oath If we are to use the humanitarian crisis in the region as a reason for this gunboat diplo- refuge. as a soldier and yours as a Senator in- Most would call this a war. But Arti- macy, then we are setting a dangerous prece- cluded the phrase, ‘to uphold and de- dent, as well as an inconsistent one. Millions cle I, Section 8 of the United States fend the Constitution of the United of people have been killed in Sierra Leone in Constitution grants Congress, not to States against all enemies, foreign and the past couple of years. The ethnic cleans- the Commander in Chief, the authority domestic.’ Never has there been a vow ing in Rwanda and Burundi has created over to declare war. Approaching two made to an international constitution 1 million dead and 3 million refugees. Turkey months of repeated air strikes, Presi- or treatise, so why the concern over has been killing the Kurds for years. dent Clinton has never asked for con- The list could go on, as you well know, yet the honor of NATO? Why is Congress to these tragedies a blind eye is turned. With gressional authorization. Now, in order not concerned with the honor of the to proceed with Operation Allied Force, this current administration it is even blas- United States?’’ phemy to mention the abuses occurring in President Clinton must either ask Con- Mr. Speaker, these are words of a China. Yet, in all of these areas we do noth- gress for authorization or remove our United States soldier who spent nine ing. These examples serve only to show the troops from the region. Unfortunately, months in the Balkans, and he is abso- glaring inconsistency of this as U.S. foreign he has made no indication that he is lutely correct. We need to restore the policy. It also sets up a dangerous precedent. eager to do either. honor we once valued and treasured. China will not renounce the possible use of Mr. Speaker, I am disappointed that President Clinton, my colleagues in force in relations to Taiwan. Tensions are still high between Iraq and Iran, India and President Clinton has violated our Con- Congress and I took an oath to uphold stitution as it pertains to the declara- Pakistan. What of the Taleban in Afghani- and defend the Constitution. Especially stan? Will this foreign policy change dictate tion of war. Therefore, I join the efforts now, we must keep that oath. Once our future involvement in these areas? Why of the gentleman from California (Mr. again, I urge the President to seek con- not? CAMPBELL) and 15 of our colleagues in gressional authority to declare war or 3. FORGOTTEN LESSONS OF HISTORY the House in filing a lawsuit against bring our troops home. It has been well quoted, ‘‘Those who fail to President Clinton in order to clarify Mr. Speaker, in closing, I will submit learn from history are doomed to repeat it.’’ Congress’s constitutional war author- the full text of Mr. Hunter’s letter for I am afraid that we are at such a crossroads ity. I regret that we are forced to call the RECORD. God bless our troops and now. upon the courts, but until we do, fur- God bless this Nation. Some critics of this administration feel ther administrations will continue to that all actions done by Impeached President A BALKANS SOLDIER’S OPEN LETTER violate the Constitution and the War Clinton are done so to create a legacy for (By Charles W. Hunter) Powers Act. history. It would be interesting to note what Mr. Speaker, I agree with many of I am a reservist. I have served in Bosnia light future history will cast on the actions for nine months. I am a linguist and inter- currently being implemented by this admin- my colleagues who have very grave viewed between 100 and 200 people each day istration and enabled by this Congress. It is doubts about the United States in- while I was there. I have also had the unique interesting to note that this is the first time volvement in Operation Allied Force. experience of losing a job due to my reserve in the history of our once great nation, that While I agree that the situation in commitment. I do hope that you will take we have attacked another sovereign nation Kosovo is a tragic one, our national se- these following points into consideration as unprovoked and uninvited by a host or exiled curity is not threatened. Our armed you think about the possible future commit- government. To me, this is a huge and piv- services already suffer from years of ment of ground forces to, and our general in- otal point, the possible effects of which are neglect under this administration. volvement in, Yugoslavia. frightening. As a point of clarification, I refer to the Should we someday have a revolution in When we continue to commit troops in leader of the United States as ‘‘impeached’’ our land that is an affront to some sort of our limited resources on peacekeeping President Clinton, because that is the title world entity, we have now forfeited the operations, we undermine our mili- that the House of Representatives voted to rights to handle things as we as a nation see tary’s primary goals, to protect and de- give him. I am not demeaning the office of fit. If we continue down this road before us May 18, 1999 CONGRESSIONAL RECORD — HOUSE H3221 we will be handing National Sovereignty, for sistent is for an indefinite, multinational Holy Scriptures, among other sources. In his any nation, over to some non-elected, multi- peace keeping force to be placed on the Farewell Address, George Washington wrote, national body. My oath as a soldier and ground. ‘‘Of all the disposition and habits which lead yours as a senator included the phrase ‘‘. . . The people of this region of the world have to political prosperity, Religion and moral- to uphold and defend the Constitution of the a long and great history of hating each ity are indispensable supports.’’ Up until the United States against all enemies, foreign other. This hatred is not restricted to the early ’60s, primers and many secondary and domestic.’’ Never has there been a vow Serbs. I mentioned the atrocities committed school language texts were based on the made to an international constitution or by the Albanians against the Serbs earlier. Bible. So powerful was the union of this treatise, so why the concern over the honor That was only one decade ago. As I would country with Scripture, that in 1805 a man of NATO? Why is Congress not concerned talk to the people in my AO while in Bosnia, was convicted of treason against the United with the honor of the U.S.? I would ask them how the Bosnian conflict States for blaspheming the name of Jesus The specter of Vietnam is all over this op- started. For an answer I received a history Christ. The founders understood well the eration. Vietnam started with U.S. bombing, lesson that often started prior to WWII and Sovereignty of God. It was that under- so did this Yugoslav operation. The politi- sometimes would start back with the Otto- standing by which our Constitution was con- cally correct response to this is that this is man Empire. To a person, everyone I spoke ceived. a NATO mission. Yeah, right! 90 percent of with said that as soon as we leave they will By that same great Tome, which so in- the flights are U.S. aircraft, not to mention start at it (fighting) again. This is the prob- spired our Founders, our aggression towards the cruise missiles. If this is the proportion lem for the current administration. Yugoslavia is wrong. Throughout Scripture of U.S. involvement now what precedent is If the U.S. forces are withdrawn, war in this is made very clear. In the book of Daniel being set for when a ‘‘permissive environ- Bosnia will erupt again, highlighting a bad we are instructed that successions of govern- ment’’ is achieved? This is a U.S. mission. foreign policy. In order for the illusion to be ments are determined by God. The book of Vietnam had a gradual escalation with no maintained, U.S. presence in the region must Romans states that ‘‘There is no authority thought-out plan of execution. This is par- be passed on to the next presidency. If that except from God, and those which exist are alleled here as the nation witnesses the AH– administration were to remove our forces, established by God.’’ If one believes in the 64 debacle. No ground troops were to be com- again, war would start and that administra- Sovereignty of Almighty God, then in the mitted to Vietnam, and then were. News- tion will get the blame, so the illusion will course of that same belief, in light of Scrip- paper headlines today are saying the same be maintained. In the end, there might be an ture, as long as Molosevic is acting within thing. Congress was misled and half-in- administration with enough honor to end the his own borders then the only correct posi- formed in the ’60s with lies and half-truths. illusion. However, because all of the time, tion to take is one of neutrality. Many Congressman from both parties have resources and lives spent which will have As was pointed out by the Chinese Pre- expressed their frustration over these same been wasted, that administration will be mier, President Lincoln used force to hold problems in this situation. In Vietnam, a through. Again, look at history. Impeached this country together. In that war more war was waged without the understanding of President Clinton says that the current cam- Americans died than in any since. Both Eng- the psyche, intent and motivation of the paign against Serbia is based upon lessons land and France were considering entering enemy. By even being optimistic of peace learned from Bosnia. What is clear to me, the war, but on the side of the South. What happening between these peoples, a lack of and to every other soldier who has served would have been the result if that had oc- understanding of them is being exemplified. there, is that nothing was learned—other- curred? Freedom and a living form of democ- None of the lessons learned in Vietnam are wise we would not now be engaged. racy cannot be instilled in another people. It being applied to any of this administration’s Many historians believe that if Hitler had must be won by those for whom it is meant. military endeavors. From the police action listened to the advice of his general staff, the 5. THE OVERSHADOWING OF OTHER REAL ISSUES in Southeast Asia three major lessons of war would have gone in favor of Germany. The people of this nation by course of the military doctrine were learned. These pearls The Washington Times reported that the mainstream media are so preoccupied, and of military doctrine were to: (1) have de- U.S. military advisors to Impeached Presi- thus our elected officials, with the plight of fined, accomplishable objectives; (2) have a dent Clinton advised him that this mission the Albanians that real focus is being lost. defined or structured period of involvement; would not be successful, but rather, would (3) have a planned exit strategy. The last two One of the problems with the Gulf War was only exacerbate the conflict. Impeached that victory there was a cheap victory. One parts of this doctrine are predicated by the President Clinton chose rather to listen to first. These lessons were played out to grand hundred thousand casualties and 100,000 pris- the advice of Mrs. Albright. Once so ordered, oners were afflicted upon Iraqi forces while effectiveness during the Reagan and Bush the military advisers were bound by oath to years (outside of Beruit). From Grenada to the U.S. suffered only 149 dead in both Desert carry on. Shield and Desert Storm. While I have no in- Desert Storm, even Somalia, these three In a fashion which has not been seen since tent to minimize the sacrifice those brave points were practiced. the fall of the Soviet Union, history is being and proud men gave, or the effect upon the If one recalls, the U.S. involvement in So- rewritten by this administration. Another conscience of this country. Desert Storm, malia was to be ended at a specified time. reason that Impeached President Clinton like Vietnam was waged in the living rooms When Impeached President Clinton was gives for this action is the preservation of of America. However there is one great dif- elected, he extended the U.S. withdrawal in- U.S. interests in Europe by preventing an- ference. definitely. Several Rangers had to die before other world war; after WWI and WWII both Instead of seeing men dying from limbs Congress forced the end to that mission. U.S. started in this region. This is false. WWI blown off or sucking chest wounds, the peo- forces are still in Haiti, as was I in ’95. What started here, that is true. I walked the ple of this country saw something like a is interesting, is that for the average Haitian bridge where the Archduke was assassinated. video game on their computer. Bombs guided all is as it was. Those who have the guns still The real cause of the war was the entangling into windows with amazing accuracy. De- have the power, yet we are still sending alliances throughout the region. No such al- serted tanks being demolished in live-fire ex- troops and dollars there. liances exist today outside of the growing re- For years Impeached President Clinton has ercises. Here, the human element was re- lationship of Russia with Serbia. WWII did been playing with the Iraqi President. Sud- moved. War became acceptable. What a trag- not start in this area. In truth, Hitler could denly, he starts a bombing campaign to force edy. have done what he wanted if he had not at- compliance with U.N. weapons inspectors. Our attacks on Serbia are causing untold tacked Poland. The attack on Poland ‘‘To what end?’’ I ask. Are there now, or will suffering for the general population of Ser- brought England into the war. WWII esca- there be, U.N. inspectors in Iraq? To gain bia. This is acceptable because they are the lated from there. congressional approval for the operation in villains, the evil Serbs, the scourge of the One point about WWII, which is quite Bosnia, Impeached President Clinton out- world. Has the lust for blood become so valid, is that the Serbs were the best friends lined a plan for a one-year occupation. He strong that we have become that which we a U.S. pilot had. In addition, ill clothed, ill held this claim until the day after his re- hate? fed, and ill armed the Serb partisans pinned election. The day after his re-election he an- Of greater national interest and security, down 24 German Divisions. The power of the nounced an additional 18 months of occupa- but that which is all but off of the radar Luftwaffe and the might of the Wehrmacht tion, then it became an indefinite extension. screen, is the ongoing Chinese/Impeached was all but lost in the terrain of Yugoslavia. Where is Congress and why is Impeached President Clinton saga. Impeached President Something to consider as you go to cast your President Clinton not held accountable for Clinton opens trade through which missile vote on the escalation of this conflict and his word? guidance technology is transferred to the Now the U.S. is faced with a police action the introduction of U.S. ground forces. Chinese thereby allowing them to deliver the Indeed, ‘‘Those who fail to learn from his- in Yugoslavia. The Media labels this a war. MRV technology stolen in the late 1980s to tory are doomed to repeat it.’’ Only Congress can declare war on another the shores of the United States. In 1995, Neu- country. A police action can be stopped by 4. OUR POSITION IN YUGOSLAVIA IS MORALLY tron Bomb technology is stolen by the Chi- Congress by not authorizing funding. In this WRONG nese. Problems are reported to the Adminis- action against the sovereign nation of Ser- In setting up this government and finding tration in 1996. The suspected individual is bia, objectives and conditions for victory the principles upon which this Republic was allowed to continue working and even given have never been defined and have been ever established, the Founders of this country a promotion in the facility. The Justice de- changing. One element which has been con- took great inspiration and insight from the partment head and Impeached President H3222 CONGRESSIONAL RECORD — HOUSE May 18, 1999 Clinton appointee, Janet Reno tells her dent Clinton has clearly answered that ques- the President should withdraw Amer- agencies to leave it alone. In 1999 the story tion, in a manner quite different from the ican forces immediately.’’ breaks, the individual is arrested. way the proud men and women of the U.S. Mr. Speaker, I agree with this posi- Impreached President Clinton initially Armed Forces today have answered that tion. states there were security problems, inher- question. How would you, Senator, answer ited from the Republicans, but that no tech- that question? How about your sons and The President has committed the nology has been stolen by the Chinese on his daughters, would you commit them to pos- armed forces of the United States in a watch as President. Once the story breaks in sibly die for Old Glory? joint operation with NATO, Operation full, he denies any knowledge of the events. Would you be willing to possibly die for Allied Force, but has not yet clearly Subsequently, in a press conference with the Kosovo? When it was Vietnman, many did. In defined what Americans’ vital interests Chinese Premier, impeached President Clin- 1974 their deaths became meaningless? If we are in this region. The American people ton jokes before national news media over continue down the present path the same the incident. China refuses to commit to a have a right to know why we are there. will be true for those who will lose their The President, in eight weeks of mili- non-military resolution to the Taiwan issue. lives in Yugoslavia. Is this what you want, if Impeached President Clinton rebuffs cri- it were your son who could die on the Field tary action, has not properly defined tiques of Chinese human rights policies. In a of the Blackbirds near Pristina? Is this what what the specific objectives of NATO news conference the Chinese Premier states you want for the lives of the sons and daugh- are, nor has the White House defined that there has been enough talk of human ters of your constituents? an exit strategy. And if my colleagues rights. He further says that the Chinese just Congress has not declared a war. Congress will remember, Mr. Speaker, the Presi- have a different way of looking at things. can stop this before it becomes a U.S. trag- dent promised our Nation that the U.S. The media and, apparently Congress, buy off edy. I urge you, for the sake of this country, on this as a valid explanation as to the ongo- military forces would be out of Bosnia stop the conflict in Yugoslavia. Pull our in one year. Three years and six ing and increasing human rights atrocities forces out of the Balkans. You have the being committed in China (as reported by power to either end this or escalate it. months later, U.S. personnel are still Amnesty International). Put this together It is not unlike riding a bike up a road that in Bosnia, and I expect that they will with the campaign fund-raising issue with is increasingly getting steeper. One either continue to be there for years to come. the Chinese and an interesting puzzle starts has to pedal harder, or get off of the bike. b 1300 to form. Let’s get off. At the top of this hill is a cliff. WHY ARE WE BOMBING THE SERBS AND f How long will our forces be in COURTING THE CHINESE? POSSIBLE ANSWER: Kosovo? Will the President claim they Mrs. Albright is Albanian and lost a grand- AMERICAN LEGION URGES WITH- will be there for just 1 year once again? father and two cousins to Serb cleansing DRAWAL OF TROOPS FROM I continue to be troubled with Amer- after WWII, as was reported in the New York YUGOSLAVIA ica’s participation in this conflict. U.S. Times. China was a staunch ally of Albania during the period of the cold war. Impeached The SPEAKER pro tempore. Under forces continue to carry the over- President Clinton and China have a strange the Speaker’s announced policy of Jan- whelming share of the military burden, involved relationship, which is under inves- uary 19, 1999, the gentleman from Flor- rather than our European NATO allies. tigation. Impeached President Clinton has ida (Mr. STEARNS) is recognized during Only 13 of NATO’s 19 member nations always hated the United States Military. He morning hour debates for 5 minutes. are actively engaged in Operation Al- is quoted as having stated that he loathed Mr. STEARNS. Mr. Speaker, I do not lied Force. American pilots are flying the military. Through the course of the poli- know of any group that is more re- some 90 percent of the missions. cies and practices of the current administra- tion: morale of the military is at a 25-year spected and has more credibility when It also seem to me that the Clinton low; deployments are at an all time high; Re- it comes to our Nation’s veterans than administration continues to disregard serve and National Guard units are being the American Legion. Mr. Speaker, the attempts to reach a diplomatic solu- used on a regular basis in places such as Legion, representing over 3 million of tion. After a bipartisan congressional Haiti, Bosnia, Central America and the our Nation’s veterans, has gone on delegation met with the parliamentary Sinai; cruise missile and other munitions record against our involvement in leaders of Russia in Vienna recently to stores are being completely depleted and not Kosovo. start formulating terms of a negotiated replaced; all branches of the military are I would like to share with my col- settlement to establish a cease-fire and under manned; service members are leaving in record numbers; recruitment is at a two- leagues this afternoon a portion of a establish peacekeeping operations, and decade low and China has gained 40 years letter sent to the President by the after Reverend Jackson’s successful worth of nuclear technology in the last six American Legion about our involve- trip to release the three American years. ment in Kosovo, and I quote: ‘‘The servicemen, the administration has not I believe that the U.S. involvement in American Legion, a wartime veterans’ attempted to follow through on any of Yugoslavia is for only two real reasons: organization of nearly 3 million mem- these overtures. 1. Mrs. Albright’s ancestral hatred of the bers, urges the immediate withdrawal Many of us here in Congress are vet- Serbs. Now she is in power as an impeached President Appointee to seek revenge for her of American troops participating in Op- erans. We swore an oath to defend our people—the Albanians. eration Allied Force.’’ country and her interests. But we must 2. Impeached President Clinton’s ongoing The letter went on to outline resolu- remember, wars are fought to protect relationship with the Chinese and his M.O. to tion number 44, the American Legion’s national security interests, not for use the military to divert and confuse the al- statement on Yugoslavia that was human rights. In fact, no major con- ready short and anemic attention span of the adopted unanimously by their organi- flict has been waged solely for the pur- American people. I am not by nature a conspirator. I am a zation on May 5, 1999: pose of defending a beleaguered people. patriot. I am a critical thinker. I doubt that ‘‘This resolution voices grave con- The United States has a moral interest you will agree with my bold answer to my cern about the commitment of U.S. in Yugoslavia, but we have no national bold question. However, as to my five main armed forces to Operation Allied Force interest. points, I do hope that you will muse on unless the following conditions are ful- This conflict violates the conserv- them. As a soldier, I will go to wherever I am filled: One, there is a clear statement ative principle that goes back to our sent. As with all soldiers, I will do my duty by the President of why it is in our American Founding Fathers: non- to the best of my ability. I have had a ter- vital national interests to engage in intervention in the internal affairs of rible three years of employment since I lost my job due to my military service in Haiti. Operation Allied Force. Two, guide- other countries, except to counter I was shot at and could have been killed as lines be established for the mission, in- threats to our national interest. Our I stopped a Croat from blowing up his car at cluding a clear exit strategy. Three, dedication to free markets and demo- my base in Bosnia. I volunteered to go to that there be support of the mission by cratic institutions are exportable only Desert Storm; as a soldier I felt that I should the United States Congress and the by example, not by force. be with my brothers in arms. I do not want, American people. Four, that it be made My greatest hope is that we can however, to see my children in a Vietnam- clear U.S. forces will be commanded by reach a diplomatic solution to this cri- like situation. A situation in which at the U.S. officers whom we acknowledge are sis and bring our men and women home end of the day, after the waste of lives, mate- safely. rial, resources and National Honor, no dif- superior military leaders. ference will have been made. The Legion believes that at least In closing, Mr. Speaker, the Amer- Would you be willing to possibly die for the three of these conditions have not been ican people are suffering from what I United States of America? Impeached Presi- met, and if they are not all met, then call Clinton fatigue. They question our May 18, 1999 CONGRESSIONAL RECORD — HOUSE H3223 reasons for being in Kosovo, and they Resolved, by the National Executive Com- Pursuant to clause 1, rule I, the Jour- now question the bases for which the mittee of The American Legion in regular nal stands approved. President is choosing his policy. meeting assembled in Indianapolis, Indiana, f May 5–6, 1999, That The American Legion, I include for the RECORD the full text which is composed of nearly 3 million vet- PLEDGE OF ALLEGIANCE of the American Legion letter of May 5. erans of war-time service, voices its grave The letter referred to is as follows: concerns about the commitment of U.S. The SPEAKER. Will the gentleman THE AMERICAN LEGION, Armed Forces to Operation Allied force, un- from Pennsylvania (Mr. PITTS) come OFFICE OF THE NATIONAL COMMANDER, less the following conditions are fulfilled. forward and lead the House in the Washington, DC, May 5, 1999. That there be a clear statement by the Pledge of Allegiance. The PRESIDENT, President of why it is in our vital national Mr. PITTS led the Pledge of Alle- The White House, interests to be engaged in Operation Allied giance as follows: Washington, DC. Force; I pledge allegiance to the Flag of the DEAR MR. PRESIDENT: The American Le- Guidelines be established for the mission, United States of America, and to the Repub- gion, a wartime veterans organization of including a clear exit strategy; lic for which it stands, one nation under God, nearly three-million members, urges the im- That there be support of the mission by the indivisible, with liberty and justice for all. mediate withdrawal of American troops par- U.S. Congress and the American people; and f ticipating in ‘‘Operation Allied Force.’’ That it be made clear U.S. Forces will be The National Executive Committee of The commanded only by U.S. officers whom we EMERGENCY SUPPLEMENTAL American Legion, meeting in Indianapolis acknowledge are superior military leaders; APPROPRIATIONS ACT today, adopted Resolution 44, titled ‘‘The and, be it further (Mr. GIBBONS asked and was given American Legion’s Statement on Yugo- Resolved, that, if the aforementioned condi- slavia.’’ This resolution was debated and tions are not met, The American Legion permission to address the House for 1 adopted unanimously. calls upon the President and the Congress to minute and to revise and extend his re- Mr. President, the United States Armed withdraw American forces immediately from marks.) Forces should never be committed to war- Operation Allied Force; and, be it further Mr. GIBBONS. Mr. Speaker, today I time operations unless the following condi- Resolved, that The American Legion calls rise to urge my colleagues to support tions are fulfilled: upon the Congress and the international the emergency supplemental bill be- That there be a clear statement by the community to ease the suffering of the President of why it is in our vital national cause this vote will be the first step in Kosovar refugees by providing necessary aid putting this Nation’s military back on interests to be engaged in hostilities; and assistance; and, be it finally Guidelines be established for the mission, Resolved, that The American Legion reaf- its feet. including a clear exit strategy; firms its unwavering admiration of, and sup- America’s military is today a hollow That there be support of the mission by the port for, our American men and women serv- force, due in fact to 14 years of con- U.S. Congress and the American people; and ing in uniform throughout the world, and we secutive cuts in defense spending while That it be made clear that U.S. Forces will reaffirm our efforts to provide sufficient na- our military operations have increased be commanded only by U.S. officers whom tional assets to ensure their well being. 300 percent. we acknowledge are superior military lead- For example, Allied Force is the 33rd ers. f deployment of U.S. armed forces in the It is the opinion of The American Legion, RECESS which I am sure is shared by the majority of last 9 years. Our military men and Americans, that three of the above listed The SPEAKER pro tempore (Mr. women should receive their doctorate conditions have not been met in the current PEASE). Pursuant to clause 12 of rule I, degrees in the school of ‘‘doing more joint operations with NATO (‘‘Operation Al- the Chair declares the House in recess and more with less and less.’’ lied Force’’). until 2 p.m. Mr. Speaker, I am proud that this In no case should America commit its Accordingly (at 1 o’clock and 1 Republican Congress has added to the Armed Forces in the absence of clearly de- minute p.m.), the House stood in recess President’s defense budget for 4 fined objectives agreed upon by the U.S. Con- gress in accordance with Article I, Section 8, until 2 p.m. straight years and that the Committee of the Constitution of the United States. f on Armed Services, in a bipartisan manner, has had the foresight and the Sincerely, b HAROLD L. ‘‘BUTCH’’ MILLER, 1400 will to address these shortfalls. National Commander. AFTER RECESS But today is only the first step. Our forces are stretched to the limit, am- The recess having expired, the House NATIONAL EXECUTIVE COMMITTEE, THE munition supplies are depleted, train- was called to order by the Speaker at 2 AMERICAN LEGION, MAY 5, 1999 ing funds are used to sustain real-world p.m. RESOLUTION NO. 44: THE AMERICAN LEGION contingencies, recruiting goals are not STATEMENT ON YUGOSLAVIA f being met, and weapons procurement Whereas, the President has committed the PRAYER has been delayed. Armed Forces of the United States, in a joint A ‘‘yes’’ vote sends the right message operation with NATO (‘‘Operation Allied The Chaplain, Reverend James David to our troops and to America’s enemies Force’’), to engage in hostilities in the Fed- Ford, D.D., offered the following pray- eral Republic of Yugoslavia without clearly around the world that the American er: military will be properly equipped, defining America’s vital national interests; We place before You, gracious God, and properly trained, and ready. Whereas, neither the President nor the the concerns of our hearts and souls. Mr. Speaker, America’s security and Congress have defined America’s objectives You have invited us to offer our pray- our military men and women deserve in what has become an open-ended conflict ers for ourselves and others and You no less. characterized by an ill-defined progressive have said that we can place our private f escalation; and petitions before You and seek Your Whereas, it is obvious that an ill-planned peace. With the confidence of Your CHINA BUILDS SUPER MISSILE and massive commitment of U.S. resources presence, O God, we utter our private USING AMERICAN SECRETS could only lead to troops being killed, feelings to You, expressing our hopes wounded or captured without advancing any (Mr. TRAFICANT asked and was clear purpose, mission or objective; and and fears, our joys and sorrows, and given permission to address the House Whereas, the American people rightfully our faith for a new day. Bless our peti- for 1 minute and to revise and extend support the ending of crimes and abuses by tions and our prayers, O God, for it is his remarks.) the Federal Republic of Yugoslavia, and the in You that we place our trust. In Your Mr. TRAFICANT. Mr. Speaker, the extending of humanitarian relief to the suf- name we pray. Amen. news is China has built a super missile. fering people of the region; and f The bad news is experts say the missile Whereas, America should not commit re- was built with American secrets and sources to the prosecution of hostilities in THE JOURNAL American dollars. the absence of clearly defined objectives agreed upon by the U.S. Congress in accord- The SPEAKER. The Chair has exam- Now, if that is not enough to grab ance with Article I Section 8 of the Constitu- ined the Journal of the last day’s pro- our assets and threaten our liberty, tional of the United States; now, therefore, ceedings and announces to the House when questioned, the White House said, be it his approval thereof. ‘‘no comment.’’ H3224 CONGRESSIONAL RECORD — HOUSE May 18, 1999 Unbelievable, Mr. Speaker. China Mr. Speaker, these prison camps Mr. Speaker, we are losing the battle steals our secrets and the only re- must be abolished without further on the spending caps. We are losing the sponse we get is ‘‘no comment.’’ Beam death and destruction to the people in- battle on the Social Security Trust me up. side them. Our government must urge Fund. I hope that we are not going to It is time for a congressional inves- the North Korean government to cease lose our ability to blush. tigation into this communist China these human rights violations. f business. It is time to pass the supple- f CONTINUATION OF EMERGENCY mental and make sure we have an ade- WITH RESPECT TO BURMA—MES- quate military, because we certainly TIME IS NOW TO REPEAL THE SAGE FROM THE PRESIDENT OF have a super threat staring us right in DEATH TAX THE UNITED STATES (H. DOC. the eye. (Mr. KNOLLENBERG asked and was NO. 106–67) With that, I yield back any backbone given permission to address the House we have left. for 1 minute and to revise and extend The Speaker pro tempore (Mr. MIL- f his remarks.) LER of Florida) laid before the House Mr. KNOLLENBERG. Mr. Speaker, it the following message from the Presi- FREEDOM AND DEMOCRACY FOR is time to repeal the death tax. dent of the United States; which was ENSLAVED PEOPLE OF CUBA Under the guise of making the rich read and, together with the accom- (Ms. ROS-LEHTINEN asked and was pay their fair share, this unfair tax is panying papers, without objection, re- given permission to address the House leading to the demise of small, family- ferred to the Committee on Inter- for 1 minute and to revise and extend owned businesses and the elimination national Relations and ordered to be her remarks.) of good paying jobs. printed. Ms. ROS-LEHTINEN. Mr. Speaker, According to the Center for the To the Congress of the United States: tomorrow at 1 p.m. in Room 2200 of the Study of Taxation, 70 percent of family Section 202(d) of the National Emer- Rayburn Building, the House of Rep- businesses do not survive through the gencies Act (50 U.S.C. 1622(d)) provides resentatives will have a unique oppor- second generation and 87 percent can- for the automatic termination of a na- tunity to meet modern-day heroes. not survive through the third. This is tional emergency unless, prior to the Angel Cuadra, Carmen Arias, Alberto because family members often must anniversary date of its declaration, the Grau Sierra, and Ana Lazara Rodriquez downsize, must liquidate, and some- President publishes in the Federal Reg- are men and women of principle, lovers times sell the business outright to pay ister and transmits to the Congress a of freedom and democracy, defenders of the death taxes, which can reach as notice stating that the emergency is to human and civil liberties. high as 57 percent of the estate in ques- continue in effect beyond the anniver- In Castro’s island prison, they risked tion. sary date. In accordance with this pro- their freedom, their lives, to speak out It also must be pointed out that the vision, I have sent the enclosed notice against the inhumanity and brutal in- death tax represents double and some- to the Federal Register for publication, justices that that regime imposes upon times triple taxation. While every stating that the emergency declared the people of Cuba. They bring with American has a duty to pay taxes, it is with respect to Burma is to continue in them not only a message of hope about simply wrong for the Federal Govern- effect beyond May 20, 1999. As long as the Government of Burma the Cuban people’s struggle against the ment to tax the same money time and continues its policies of committing cruel nature of the oppressive Castro time again. large-scale repression of the demo- regime, but also a message from those Mr. Speaker, I have introduced a bill cratic opposition in Burma, this situa- who still languish in Cuban jails for ex- to eliminate the Federal estate tax. tion continues to pose an unusual and This bill will restore fairness to our pressing their God-given rights as free extraordinary threat to the national human beings. Tax Code, protect family-owned busi- security and foreign policy of the I welcome all Members and visitors nesses, and encourage saving and in- United States. For this reason, I have to join us tomorrow at 1 p.m. in room vestment. I urge my colleagues to sup- determined that it is necessary to 2200 of the Rayburn Building to listen port it. maintain in force these emergency au- to their testimonials and in rendering f thorities beyond May 20, 1999. our support for their continuing strug- EMERGENCY SUPPLEMENTAL BILL WILLIAM J. CLINTON. gle for freedom and democracy for the THE WHITE HOUSE, May 18, 1999. (Mr. GUTKNECHT asked and was enslaved people of Cuba. f f given permission to address the House for 1 minute and to revise and extend RECESS HUMAN RIGHTS VIOLATIONS IN his remarks.) The SPEAKER pro tempore. Pursu- NORTH KOREA Mr. GUTKNECHT. Mr. Speaker, I be- ant to clause 12 of rule I, the Chair de- (Mr. PITTS asked and was given per- lieve it was Mark Twain who once ob- clares the House in recess until ap- mission to address the House for 1 served that, of all of God’s creations, proximately 5 p.m. minute and to revise and extend his re- man is the only one who can blush, or Accordingly (at 2 o’clock and 10 min- marks.) needs to. utes p.m.), the House stood in recess Mr. PITTS. Mr. Speaker, I rise today I raise that issue today as we talk until approximately 5 p.m. to protest the horrifying human rights about the emergency supplemental f violations in North Korea. spending bill. In this bill, my col- b I recently met with three courageous leagues, there are emergencies such as 1707 individuals who escaped from prison $70 million for livestock assistance, in- AFTER RECESS camps in North Korea. They describe cluding reindeer research. Now, maybe The recess having expired, the House prisoners being beaten, tortured, used that is appropriate underneath this was called to order by the Speaker pro as targets for prison guards’ practice of Christmas tree. There is $26 million tempore (Mr. THORNBERRY) at 5 o’clock martial arts, and forced to watch the that is an emergency for Alaskan crab and 7 minutes p.m. execution of ‘‘enemies of the state,’’ fishermen. There is $1.5 million to fill f such as peaceful religious believers. the San Carlos Lake in Arizona. The government of the North Korea Mr. Speaker, those are not emer- REPORT ON RESOLUTION PRO- will not discuss the existence of these gencies, and worse, in that they are not VIDING FOR CONSIDERATION OF prison camps, yet we know from eye- offset with other spending in other H.R. 1654, NATIONAL AERO- witness accounts that these places of parts of the budget. What it means is, NAUTICS AND SPACE ADMINIS- death exist. Despite the fact that unlike the budget resolution which we TRATION AUTHORIZATION ACT groups of people are brought to the passed just a little over a month ago, OF 1999 prison camps each day, the prison we are going to start taking money out Mr. REYNOLDS, from the Com- camp population remains the same. of the Social Security Trust Fund to mittee on Rules, submitted a privi- What happens to these prisoners? fund some of these ‘‘emergencies.’’ leged report (Rept. No. 106–147) on the May 18, 1999 CONGRESSIONAL RECORD — HOUSE H3225 resolution (H. Res. 174) providing for mal conference report rule, allowing (Mr. CALLAHAN), the gentleman from consideration of the bill (H.R. 1654) to for timely consideration of the emer- Virginia (Mr. WOLF), and the gen- authorize appropriations for the Na- gency supplemental bill. tleman from Wisconsin (Mr. OBEY). tional Aeronautics and Space Adminis- While I suspect that many of us will The measure also includes $2.2 billion tration for fiscal years 2000, 2001, and have strong opinions about the under- for enhancing military operations and 2002, and for other purposes, which was lying spending bill, let us pass this rule maintenance, and this will improve the referred to the House Calendar and or- and have the debate on the floor. readiness of our armed services. dered to be printed. I urge my colleagues to support this I am concerned about some of the off- f rule, Mr. Speaker, and I reserve the sets for nonemergency spending. The balance of my time. offsets include cuts in food stamps and REPORT ON RESOLUTION PRO- Mr. HALL of Ohio. Mr. Speaker, I Section 8 housing for low-income indi- VIDING FOR CONSIDERATION OF yield myself such time as I may con- viduals. Also, I regret that the con- H.R. 1553, NATIONAL WEATHER sume. ferees rejected a Senate proposal to in- SERVICE AND RELATED AGEN- Mr. Speaker, as my colleague has de- clude funding to pay the money the CIES AUTHORIZATION ACT OF scribed, this rule waives all points of U.S. owes to the United Nations for 1999 order against the conference report to back dues. I think it is a disgrace that Mr. REYNOLDS, from the Com- accompany H.R. 1141, which is the our Nation has not paid our debt to the mittee on Rules, submitted a privi- Emergency Supplemental Appropria- U.N., and this bill would have been a leged report (Rept. No. 106–148) on the tion Act for fiscal year 1999. good vehicle to include that payment. resolution (H. Res. 175) providing for The measure appropriates $15 billion On the whole, the conference report the consideration of the bill (H.R. 1553) for military operations in Kosovo and represents a good compromise, and I to authorize appropriations for fiscal other defense spending, humanitarian say that in a good way. It is much bet- year 2000 and fiscal year 2001 for the assistance to refugees and misplaced ter than the House-passed version, and National Weather Service, Atmos- persons in the Balkans, hurricane-re- I intend to support it. Though the pheric Research, and National Environ- lated relief in Central America and the measure under consideration is by no mental Satellite, Data and Information Caribbean, aid to the country of Jor- means ordinary, this is the standard Service activities of the National Oce- dan, assistance to U.S. farmers hurt by rule for conference reports. anic and Atmospheric Administration, low commodity prices, tornado victims Mr. Speaker, I reserve the balance of and for other purposes, which was re- in Oklahoma, Kansas, and for other my time. ferred to the House Calendar and or- purposes. Mrs. MYRICK. Mr. Speaker, I yield 2 dered to be printed. Most of the spending is considered minutes to the gentleman from Florida f emergency, and therefore is not offset (Mr. DIAZ-BALART). by spending cuts in other programs. WAIVING POINTS OF ORDER Mr. DIAZ-BALART. Mr. Speaker, I Mr. Speaker, there is something for thank my distinguished colleague for AGAINST CONFERENCE REPORT everyone in this massive spending bill. ON H.R. 1141, 1999 EMERGENCY yielding time to me. If Members like the bill, they can find Mr. Speaker, this supplemental ap- SUPPLEMENTAL APPROPRIA- critical programs that are funded. If TIONS ACT propriations conference report contains they do not like the bill, they can find critically needed resources for our Mrs. MYRICK. Mr. Speaker, by direc- wasteful spending and harmful cuts. armed forces to assure that they con- tion of the Committee on Rules, I call I am particularly pleased with the tinue unchallenged as the finest fight- up House Resolution 173 and ask for its refugee relief and humanitarian assist- ing force in the world for the protec- immediate consideration. ance provided by the measure. The con- tion of the people and the freedom of The Clerk read the resolution, as fol- ference agreement includes $1.1 billion the people of the United States. lows: for international assistance programs, Mr. Speaker, the conference report, H. RES. 173 refugee resettlement, and State De- among other things, contains aid for Resolved, That upon adoption of this reso- partment funding. This is more than 60 America’s farmers, and it contains hu- lution it shall be in order to consider the percent above the level approved by the manitarian and development assist- conference report to accompany the bill House. (H.R. 1141) making emergency supplemental ance for our neighbors in Central I am grateful to the conferees for in- America who suffered the recent nat- appropriations for the fiscal year ending cluding $149.2 million in food assistance September 30, 1999, and for other purposes. ural disaster known as Hurricane All points of order against the conference re- to refugees and misplaced persons in Mitch. port and against its consideration are the Balkans through the PL–480 Food I think, Mr. Speaker, this Congress waived. The conference report shall be con- for Peace program. Failure to include today makes a clear demonstration of sidered as read. money for this program was a serious solidarity with and concern for the The SPEAKER pro tempore. The gen- omission, and I am glad that this has well-being of our friends and neighbors tlewoman from North Carolina (Mrs. been corrected in the conference com- in Central America. MYRICK) is recognized for 1 hour. mittee. These funds will ensure Amer- I wish at this point to thank all of Mrs. MYRICK. Mr. Speaker, for pur- ica provides its share of the food need- those who have worked to make this a poses of debate only, I yield the cus- ed in the Balkans through the end of reality, especially the gentleman from tomary 30 minutes to the gentleman the year 2000. Illinois (Speaker HASTERT), the gen- from Ohio (Mr. HALL), pending which I Equally important, this change fol- tleman from Florida (Chairman BILL yield myself such time as I may con- lows the longstanding tradition of pro- YOUNG), the gentleman from Alabama sume. During consideration of this res- viding food aid through the Food for (Mr. CALLAHAN), and all of the congres- olution, all time yielded is for purposes Peace program, which is an established sional leaders who have made this day of debate only. channel that benefits America’s farm- possible. Mr. Speaker, yesterday the Com- ers. This program has proven to be the It is a day in the best tradition of the mittee on Rules met and granted a rule most effective way to provide the large generosity of the American people, and to provide for consideration of the con- quantities of food essential to any re- I rise to support the rule, as well as the ference report to accompany H.R. 1141, lief effort. underlying legislation. the Emergency Supplemental Appro- Including funding for PL–480 food aid b priations Act for fiscal year 1999. The is an example of bipartisan leadership 1715 rule waives all points of order against at its best, and I am particularly grate- Mr. HALL of Ohio. Mr. Speaker, I the conference report and against its ful to the gentlewoman from Missouri yield 4 minutes to the gentlewoman consideration. The rule also provides (Mrs. EMERSON), the gentlewoman from from Illinois (Ms. SCHAKOWSKY). that the conference report shall be con- New Jersey (Mrs. ROUKEMA), the gen- Ms. SCHAKOWSKY. Mr. Speaker, the sidered as read. tlewoman from California (Ms. PELOSI), gentleman from Florida (Mr. YOUNG), Mr. Speaker, House Resolution 173 the gentleman from New Mexico (Mr. chairman of the Committee on Appro- should not be controversial. It is a nor- SKEEN), the gentleman from Alabama priations, said, ‘‘This $15 billion bill is H3226 CONGRESSIONAL RECORD — HOUSE May 18, 1999 about helping people: American farm- dent’s request for farmers crippled by against the Federal Republic of Yugo- ers, American troops, storm victims low prices. slavia, even though Congress has ex- here in the United States and in Cen- This is a piece of legislation that has pressly voted not to declare war. This tral America; and Balkan refugees will many needed things and many things war is without constitutional author- all immediately benefit from passage that we do not need and does create an ization, and it is losing its moral au- of this essential aid package.’’ emergency for our hungry and home- thority as well. These are all laudable goals, and I less people in need of housing and food In the name of helping the refugees, support that. But I want to make the right here at home. NATO has bombed refugee convoys. point that this $15 billion emergency Mrs. MYRICK. Mr. Speaker, I yield 2 From the Los Angeles Times a few spending bill also creates an emer- minutes to the gentlewoman from days ago, I quote: ‘‘Many of the refu- gency for the most vulnerable people Florida (Ms. ROS-LEHTINEN). gees in Korisa were asleep when explo- right here at home. For those who are Ms. ROS-LEHTINEN. Mr. Speaker, I sions sprayed shrapnel and flames ev- hungry and homeless right here at thank the gentlewoman from Ohio for erywhere, survivors said. Mattresses home, this bill is a disaster. yielding me this time. left behind in covered wagons and in What if the American people knew Mr. Speaker, as we watch the devel- the dirt underneath were soaked with that, in order to fund these laudable oping human catastrophe taking place blood. goals and a bunch of other things in in the Balkans on our television sets ‘‘At least a dozen children were the bill, that we had to cut programs night after night, we must not forget among the dead. An infant buttoned up for the hungry and homeless and those that in our own hemisphere our neigh- in terry cloth sleepers lay among the who are in need of subsidized housing? bors in Central America have under- corpses that filled the local morgue. The bill cuts $350 million from the gone a humanitarian crisis of their ‘‘Another child was incinerated in a Housing and Urban Development Sec- own, one caused by a hurricane which fire that swept through the camp. The tion 8 housing program. The HUD says ravaged homes and wiped out entire child’s carbonized body was still lying that the loss of this money could cre- communities. on the ground Friday morning beside ate the displacement of approximately More than 6 months after Hurricane that of an adult, in the middle of a tan- 60,000 families right here at home. Mitch swept through Central America, gle of farmers’ tractors and wagons We are worried, of course we are, the region is still waiting for the that were still burning 12 hours after about the displacement of people in much-needed funds to rebuild their in- the attack.’’ Kosovo. We should be. But we also need frastructure and to start healing the NATO and the United States have to worry about the possible displace- wounds that the hurricane left long been bombing villages to save villages. ment of 60,000 families right here at after the rains and the floods have NATO and this country have bombed home because of this. It creates a stopped. passenger trains, buses, an embassy, longer waiting list of people who need But today we have an opportunity to factories, office buildings. Cluster subsidized housing and increases the end their suffering, to help revitalize bombs are raining down and maiming number of families in need who are un- the economies of our neighbors to the and killing countless children. derserved right here at home. south, to give children back their Today we are being asked to pay for What if the American people knew schools, families back their homes and the bills for this war. We ought to put that this bill cuts $1.25 billion from the their churches, communities back their a stop payment on the checks which food stamp program? I am told that sense of normalcy. The funds are not a will be used to kill innocent civilians this money is not being spent. Does handout. They are a helping hand to and to wage an undeclared war. We that mean that there are not hungry those who have suffered almost insur- ought to stop the bombing and nego- people right here? No. mountable hardships. tiate a withdrawal of Serbian troops In a 1999 survey of U.S. food banks, a My district in south Florida has ex- and stop the KLA’s military activities. report released in March by the gen- perienced the disastrous effects of a We need an international peace- tleman from Ohio (Mr. HALL), we dis- hurricane. It is not an easy task to re- keeping force in Kosovo as a product of covered that 87 percent of the food build, even less so for those who have a peace agreement. We need to rebuild banks surveyed indicated that requests limited resources on hand. It is within the province. Our government should were up in the last year. On average, our power and it is indeed our duty and work as vigorously for peace as it does requests for food assistance outstripped responsibility as brothers and sisters in to prosecute a war. This war is rapidly food available by 22 percent. the greater hemispheric family to help becoming a debacle that rivals Viet- The Midwest Antihunger Network re- them with this aid and to stop pro- nam itself. ports that, in Illinois, that there is a longing their suffering. We need to stand up and speak out drop of 15 sponsors of the summer food Supporting this measure is not only against this war and ask good thinking service program in 1998. This is a nutri- beneficial to Central America but to people everywhere to keep the con- tion program for low-income children the greater economic stability and sciousness of peace alive and keep in the summertime. These sponsors prosperity of our hemisphere. working for peace. The people in the cited welfare reform cuts in meal dis- Under the leadership of the gen- State Department ought to hear that bursement rates that Congress insti- tleman from Florida (Mr. YOUNG) with message first. tuted among the principal reasons. So this measure, Mr. Speaker, we are help- Mrs. MYRICK. Mr. Speaker, I yield 5 there are going to be children this sum- ing both American farmers and our minutes to the gentleman from Cali- mer who do not have food programs. American troops as well as storm vic- fornia (Mr. ROHRABACHER). This is money that is being cut from tims here in the U.S. and in Central Mr. ROHRABACHER. Mr. Speaker, I the food stamp program in order to America. I urge my colleagues to adopt rise in support of the rule, but in oppo- fund this. this measure today. sition to the emergency supplemental What if the American people knew Mr. HALL of Ohio. Mr. Speaker, I appropriation. some of the things that were being yield 21⁄2 minutes to the gentleman The President came to us and prom- funded in this program; that in this from Ohio (Mr. KUCINICH). ised if we approved his plan for Bosnia supplemental emergency bill, there is Mr. KUCINICH. Mr. Speaker, this that American participation in the op- $5 billion in defense spending above the rule would authorize a resolution that eration would last a year and cost President’s request, $26 million for asks for money to support an about $1 billion. That was nearly 4 Alaska fishermen to compensate for undeclared war. It would appropriate years ago and $10 billion ago. Federal fishing restrictions, $3.7 mil- money for bombs, yet Congress has The gentleman from Texas (Mr. lion to renovate homes for congres- voted against the bombing. It appro- ARMEY), who I often quote, has said sional pages, $3 million for commercial priates money for ground troops, yet that the definition of insanity is doing reindeer ranchers, $2.2 million for sew- Congress opposes the use of troops in the same thing over and over again but ers in Salt Lake City for the Olympics, Kosovo. expecting different results. Well, today $30 million for renovations to D.C. area It contains provisions that will en- we are being asked to drop more tax airports, $422 million above the Presi- able the prosecution of a wide war dollars down this bottomless pit. It May 18, 1999 CONGRESSIONAL RECORD — HOUSE H3227 will lead to tens of billions of dollars sive strategy that is draining our there is a gaming of the system, that more being similarly dumped into the Treasury. Do not be blackmailed into companies are charging their subsidi- Balkans. supporting this poorly conceived Bal- aries a price one-tenth of the actual Those voting for this bill should real- kan operation, this undeclared war. price, eliminating 90 percent of the tax. ize their fingerprints will be all over The issues of plussing up our mili- In effect, we will be saving a hundred this ongoing and misguided commit- tary should be separate from this wast- million dollars of their money but cost- ment. Do not kid yourselves. In the ing of even more of limited defense dol- ing us a hundred million dollars of our end, tens of billions of dollars will be lars on such an adventure as we see money. spent in the Balkans, and it will come down in the Balkans. These riders ought to be taken out of right out of the hide of Social Security Vote against this emergency supple- the bill. We will have that opportunity and Medicare reform, right out of any mental. Send a message to our Euro- in a motion to recommit later on this effort to modestly reduce the tax bur- pean allies. We have carried their bur- evening. den on our people, and right out of the den for too long. Yes, they deserve to Mr. Speaker, I yield to my colleague, hide of our military personnel who are be applauded for their emotional pleas the gentleman from the State of Wash- being put at risk in other areas of the that something must be done, but let ington (Mr. INSLEE). Mr. INSLEE. Mr. Speaker, there are world where our national security in- them do it. some things wrong with this bill, but terests are at stake, those military Why is it up to the United States to there are other things that are rotten personnel who are currently being always lead the charge, to empty our about this bill. What are rotten about stretched to the point of exhaustion. Treasury, to put our people at risk? this bill is, under the cover of dark- Perhaps the most distasteful part of This is not a case of a dichotomy of ei- ness, conferees, folks from the other what we are doing today is that, in ther doing nothing and watching the chamber, are attempting to shove down order to get even limited help to our Kosovars go under or sending our our throats measures that would never vulnerable defenders, we are being told troops in and spending $50 billion. pass the laugh test, the straight-face that we must provide $6 billion more No, we could have helped the test, on the floor of this House. for a military operation that is ques- Kosovars, or the other option is let the Individuals have a thing called the tionable at best. Europeans take care of the problem in gag reflex: When they put something Even the money that we originally their own backyard. This is the respon- down our throats, we can gag on it. voted for in this House that was sup- sible position. It is irresponsible for us And the House of Representatives posed to be aimed at improving the to continue spending limited defense ought to stand up and gag on these overall plight of America’s military we dollars, stretching our troops out to last-minute subterfuges to try to go now find has been reduced to $4.5 bil- the point that they are vulnerable ev- backwards on the environment. And we lion, which includes projects that have erywhere, and just taking it out of the will have our chance to do that. nothing to do with our national secu- hide of the American people. I ask for I just wanted to alert other Members, rity or improving the lot of our troops this emergency supplemental to be de- this afternoon we will have a motion to and their families. feated. recommit, to strip this bill of the envi- Military plus-up dollars will be spent, Mr. HALL of Ohio. Mr. Speaker, I ronmental degradation that would go among other things, on naval bases in yield 4 minutes to the gentleman from on with it, to make sure we can pass a Portugal, barracks and tank washes in Florida (Mr. DEUTSCH). clean bill. And we are going to do that Germany, and base improvements Mr. DEUTSCH. Mr. Speaker, no bill 24 hours later after we pass this motion throughout Europe. In other words, it is perfect, as we all know, but this bill to recommit. is being spent to keep us mired in Eu- is less than perfect. This House passed I want to say, if my colleagues go out rope’s problems and paying for Eu- a much cleaner bill. Our colleagues in and talk to their constituents about rope’s defense. the Senate, although the Speaker and mining, and when they ask them do We have been suckered in again. For the chairman of the Committee on Ap- they think we should go forward on decades we have provided Europe’s de- propriations and the subcommittee mining reform or backward, they will fense and got little thanks for it. Now chairman worked very hard to take out certainly say we should not go back- that the Cold War is over, they insist some of the pork and some of the rid- ward, we should go forward. that we spend tens of billions of dollars ers, they did not. And on hard rock mining? On the more for their stability and that we Mining Act of 1872, these provisions do b 1730 must reaffirm our commitment, a very not take a small step backward, they expensive commitment to their secu- And the facts are we have some envi- take a giant leap backward. That is rity for decades to come. ronmental riders in this bill that are why we ought to recommit and pass a We have done our part for NATO. We almost beyond our imagination that clean bill. I want to reiterate, this have done our part for Europe. Let us they are in the bill. There are three en- chamber and the other chamber can do have the Europeans step forward and vironmental riders, and I think it is that very quickly. It would be a travesty for people, in carry their own load rather than tak- important for our colleagues to know their zeal to hand out special-interest ing it out of the hide of the American that they are in the bill. favors against the environment, to people. One repeals the Mining Act of 1872 take camouflage behind our troops in I have no doubt that the Serbs are and effectively lets open-pit mines the field to try to pass this. That would committing the crimes against the take their waste and put it on our Fed- indeed be a sad day in the House of people of Kosovo that are claimed. eral land. So we are talking about sev- eral hundred acres of pristine Federal Representatives. Long ago we should have armed free- Let us go forward on the environ- land with toxic waste from open-pit dom-loving and democracy-loving ment, not backward. Let us go forward mines. It is incredible, it is almost be- Kosovars so they can defend them- on mining reform, not backward. Let selves as Ronald Reagan did with the yond the straight-face test that that is us stand up for people and the troops. Afghans. in fact what this legislation does. But Pass our motion to recommit, and then Instead of giving into the demands of that is exactly what this legislation pass the clean bill 24 hours later. our European buddies, we are now car- does. Mrs. MYRICK. Mr. Speaker, I yield 2 rying the full load. We have given into Another thing that it does is it stops minutes to the gentleman from Texas the demands of our European friends, hard mining regulations which would (Mr. PAUL). and we end up carrying the full load, have required bonding for open-pit (Mr. PAUL asked and was given per- leading the fight, emptying our Treas- mines, so that when they do not clean mission to revise and extend his re- ury, and recklessly putting our own up their mess, it cannot get cleaned up. marks.) forces in other parts of the world in The third environmental rider deals Mr. PAUL. Mr. Speaker, I thank the jeopardy. with oil royalties. All of us know that gentlewoman for yielding me the time. Mr. Speaker, I ask my colleagues not this is going on. On Federal land there Mr. Speaker, I rise in support of the to associate themselves with this irra- is a 12-percent royalty that is supposed rule but in strong opposition to the tional and risky strategy, this expen- to be paid. And what is being done is supplemental appropriation. H3228 CONGRESSIONAL RECORD — HOUSE May 18, 1999 The President came to us and asked In addition to robbing the Treasury, for the minority leader and the major- us to fund the NATO war, asked for $7.9 poorly managed mining operations ity whip, $25,000 for the chief deputy billion, but we in the conservative Con- have severely and permanently dam- whips to the Republican and Democrat gress have decided that not only would aged public land. It is estimated the parties, a lot of stuff that is by no we give it to him, but we would bump cost of cleaning up these polluted means emergency. that up to $15 billion, which does not mines in the United States is between What I think we need to take from make a whole lot of sense, especially if $32 billion and $72 billion, costs that this thing is a lesson; and that is, if Congress has spoken out on what they will not be paid by those who profited this same $33 billion was in individual think of the war. from the mining operations. accounts across this country, in indi- And Congress has. We have had sev- Finally, the Department of the Inte- vidual Social Security accounts across eral votes already. We have voted and rior, not the Members of Congress, are this country, then Washington came up said that we did not think that ground attempting to correct some of the short for the YMCA down in Southern troops should be sent in. And most flaws in the mining policy, as Interior California, or who knows what, and military people tell us that the only recently has denied an application for wanted to take that money out of that way we are going to win the war is mining operations in the State of account, I think people would go ber- with ground troops. So we have taken a Washington which sought to dump tons serk. strong position. We have had a chance of toxic waste on public land. This de- I think we have really got to look at to vote on declaration of war and make nial relied on a previously unused sec- creating some kind of real firewall be- a decision one way or the other. We tion of the 1872 mining law and could tween people’s Social Security money have strongly said we are not going to be applied to mining operations across and political forces in D.C. Because, if declare war. this country. not, we are going to continue to go the We have spoken out on the air war. In addition, the Bureau of Land Man- way these supplemental bills are going. We did not even endorse the air war. agement has been attempting for the Mr. HALL of Ohio. Mr. Speaker, I And the President has spent a lot of past 3 years to promulgate new mining yield 4 minutes to the gentleman from money. They are hoping to get a lot of regulations that would address modern Texas (Mr. DOGGETT). this money back from the European mining practices, impose meaningful Mr. DOGGETT. Mr. Speaker, cer- nations, but all that makes us are pro- environmental standards, and help pro- tainly there are many sorry provisions fessional mercenaries fighting wars for tect taxpayers from the cost of clean- in this conference report. It is hard to other people, which I do not agree ing up abandoned mines. really concentrate on just one or two with. I am appalled that the legislation be- of them. But it seems to me the one But here we are getting ready to fund fore us today to deal with disaster re- that has gotten attention from several Europe, fund a war that is undeclared. lief contains environmental riders speakers because of its very adverse en- It does not make any sense. We are giv- which would prevent us from cleaning vironmental consequences, the crown ing more money to the President than up mining in the United States. The jewel open-pit gold mine, is appro- he asked for in a war that cannot be first rider would permit the unsound priately placed in this bill. won and a war that we are not even de- mining practices to go forward not just The problem is that those who are termined to fight. It just does not in the State of Washington but allows supporting this conference report view make any sense. So in order to get similar practices throughout the the Social Security surplus as the enough votes to pass the bill, of course United States until the end of the year. crown jewel open-pit gold mine to fund we put a little bit of extras on there to And for the third time in 3 years are whatever it is they want to fund. This satisfy some special interests in order riders included which delays implemen- bill has very little to do with busting to get some more votes. tation of the Bureau of Land Manage- Belgrade and a great deal to do with But the real principle here today ment’s new mining regulations. bursting the budget. that we are voting on is whether or not I strongly urge that we oppose this Keep in mind that well over $10 bil- we are going to fund an illegal, uncon- legislation and move to support the lion in this proposal is paid for directly stitutional war. It does not follow the motion to recommit. out of the Social Security surplus. This rules of our Constitution. It does not Mrs. MYRICK. Mr. Speaker, I yield 2 is the same surplus which the Repub- follow the rules of the United Nations minutes to the gentleman from South lican leadership was planning to come Treaty. It does not follow the NATO Carolina (Mr. SANFORD). to the floor this week and lock up in a Treaty. And here we are just permit- Mr. SANFORD. Mr. Speaker, I rise in lockbox. Well, they were ashamed to ting it, endorsing it but further fund- ambivalence toward the rule but in come out the same week that they are ing it. This does not make any sense. strong opposition to the supplemental turning on the spigot on the Social Se- We have to finally say, ‘‘enough is itself. curity surplus, because that is just ex- enough.’’ This is how we get into trou- Because my dad used to have a say- actly what is happening here when we ble. This is how we make mistakes. ing, and that was that ‘‘the road to hell drain out for short-term, allegedly And every day we hear of another mis- is paved with good intentions.’’ And I emergency purposes the Social Secu- take and apologies being made, inno- think that that fairly well sums up rity surplus to pay for things that cent people dying. We should not vote this supplemental, because it may have ought not to be paid for by the next for this supplemental funding. the best of intentions in a whole lot of generation. Mr. HALL of Ohio. Mr. Speaker, I different areas within the government, In this particular proposal that we yield 2 minutes to the gentleman from but it is most certainly the road to hell are considering, the Republican Con- Oregon (Mr. BLUMENAUER). in saving Social Security. gressional Budget Office only within Mr. BLUMENAUER. Mr. Speaker, I I mean, last fall we spent $20 billion the last month told us what it would thank the gentleman for yielding me on an ‘‘emergency basis.’’ Now we find take to fund this war. They said $600 the time. ourselves about to spend another $13 million in the initial phase and about a It is a sad day when, regardless of our billion on this ‘‘emergency basis.’’ billion dollars per month to sustain an feelings about the tragedy in Latin That is $33 billion sucked out of my air campaign. Supposedly in this emer- America and the continuing carnage in kids’ Social Security account. So I gency appropriation we would fund the Balkans, that the price that we think we really are on the road to hell those appropriations necessary to have to pay on the floor of this House with these ‘‘emergency bills’’ because carry us to September 30, when the reg- is to inflict damage on the American they are coming out of one pot and ular appropriations bill would come taxpayer and the landscape. that is the Social Security pot. into play. There has been certain reference to Now, leaving aside the fact that it How did that amount of money get the mining law of 1872, which has been has got a lot of strange stuff in it, blown into almost $15 billion of money? an enormous waste of taxpayer dollars. whether it is $2.2 million for a sewer In the way this Congress seems to oper- Since that law was enacted, the United for the winter Olympics, $3 million to ate, too often Republicans said that States Government has given away al- redo dormitories, $100,000 for a YMCA they did not like this war, they were most $250 billion in mineral reserves. down in Southern California, $330,000 proud to vote against the President on May 18, 1999 CONGRESSIONAL RECORD — HOUSE H3229 this war. Well, I have to tell my col- tion’s population. And they will cause Supporters of these rescissions claim that leagues, if these generous folks give tremendous suffering to numerous low- the funds being cut from housing assistance, this much to a war that they do not income Americans. The food stamp cut food stamps and unemployment insurance will like, heaven protect the taxpayer from in this bill is unprecedented and im- probably not be used during this fiscal year. If one that they do like. moral. Excess funds provided to the this is the case, the money can be rescinded I think that we do need to provide food stamp program have always been at the end of the fiscal year or used to fund reasonable humanitarian relief, we used for other nutrition programs. housing, nutrition and unemployment pro- need to provide our young men and They have never been transferred to grams for fiscal year 2000. women in the Balkans with whatever nonnutrition programs. The proposed We know there are unemployed, hungry and they need to protect themselves and to cut in food stamp funding would take homeless people in America today who have carry out their mission, whatever that away food from hungry people and set been left behind despite recent economic may be. But let us be very clear that a dangerous precedent for using nutri- growth. If the funds Congress has provided for the billions of dollars that are the price tional assistance as a budgetary offset. these people are not reaching them, it stands tag of this bill do not have anything to I am also deeply concerned about the to reason that we should improve the outreach do with securing our military position $350 million cut in the Section 8 afford- of the programs, not cut their funding. in Yugoslavia. They may have some- able housing program, which provides H.R. 1141 is supposed to be an emergency thing to do with securing the position housing assistance to poor and elderly spending bill. Emergency spending bills are of some of the Members of this Con- people, including many of our Nation’s not subject to budgetary spending caps and gress. veterans. According to the Department should not require any offsets at all. Under the Republican leadership, this of Housing and Urban Development, The Republicans have been blatantly incon- Congress in the last 4 years has voted this rescission will result in a loss of sistent on the subject of offsets in emergency to provide the Pentagon with $27 bil- subsidy for approximately 60,000 fami- spending bills and they have needlessly politi- lion more than it requested, and yet lies and exacerbate the current waiting cized the appropriations process. First they in- only 14 percent of those unrequested list problem on which many families cluded offsets in H.R. 1141, which was origi- monies went for readiness rather than must wait months or years to receive nally a bill to provide disaster relief to the vic- for pork. And so if there has been any the housing assistance they so des- tims of Hurricane Mitch in Central America emergency created here on readiness, it perately need. The rescission could also and the Caribbean. Then they included billions has been by the priorities of a Congress disrupt the Section 8 program and of dollars in non-emergency defense spending cause many landlords to opt out of the led by Republicans for the last 4 years. but no offsets in H.R. 1664, the Kosovo sup- I do not believe that the money pro- program altogether. plemental bill. Now they have combined these Let me just say, Mr. Speaker, the vided to the military in this bill could two contradictory approaches and included a President asked for $7.2 billion for both be spent for purposes in Yugoslavia be- whole new set of offsets at the expense of the of the supplementals. This is almost poorest people in America. If the Republicans tween now and September 30 if they $15 billion. Members have thrown in ev- would stop loading emergency spending bills were dropping it out in bails over Bel- erything but the kitchen sink. The with non-emergency projects, they would not grade each night. American taxpayers are tired of this need to worry about offsets. b 1745 kind of programming, this kind of leg- I strongly support the extension of funding islating. You ought to be ashamed of No, it funds things like libraries in for the Commerce, State and Justice Depart- yourselves. We cannot move forward Germany, a dormitory in the District ments and the federal court system through with this mess. It is outrageous and we of Columbia, a road in Bahrain, ATMs September 30, 1999, which is contained in should not want this on our records. on ships, things that have nothing to this supplemental appropriations bill. Without Mr. Speaker, I support disaster relief for the do with the emergency situation we this extension, the Commerce, State and Jus- people of Central America and the Caribbean; face in Yugoslavia, all designed to per- tice Departments and the federal court system mit a raid on the Social Security sur- this assistance is long overdue. I support fund- ing for our troops in Kosovo. I also support full could be shut down completely for the remain- plus rather than to meet the legitimate der of the fiscal year. However, if the Repub- needs of our military in the Balkans. funding for Census 2000. Nevertheless, I must oppose H.R. 1141, the Emergency Supple- lican majority had fulfilled its responsibility to I believe that it was a former mem- appropriate the funds that were necessary to ber of the Committee on Appropria- mental Appropriations Act for fiscal year 1999. This supplemental bill includes a $1.25 bil- operate these departments last year, the Re- tions who said, ‘‘Every emergency is an lion cut in food stamp funding, a $350 million publicans would not have needed to include opportunity.’’ Certainly there are cut in the Section 8 affordable housing pro- this extension in an emergency spending bill. those who found great opportunity to gram and a $22.4 million cut in unemployment I urge my colleagues to vote against the deal with many other subjects here. insurance programs. These harmful cuts target Emergency Supplemental Appropriations Act But when all is said and done, it is the the most vulnerable segments of our nation's and oppose the disastrous offsets, which taxpayer who must pick up the tab, population, and they will cause tremendous could cause tremendous harm to poor, hungry and in this case it is the Social Secu- suffering to numerous low-income Americans. and unemployed people throughout the United rity surplus that must feel the pinch. The food stamp cut in this bill is unprece- States. Mr. HALL of Ohio. Mr. Speaker, I dented and immoral. Excess funds provided to Mr. HALL of Ohio. Mr. Speaker, I yield 21⁄2 minutes to the gentlewoman the food stamp program has always been yield 1 minute to the gentleman from from California (Ms. WATERS). used for other nutrition programs; they have Oregon (Mr. DEFAZIO). (Ms. WATERS asked and was given never been transferred to non-nutrition pro- Mr. DEFAZIO. Mr. Speaker, I thank permission to revise and extend her re- grams. The proposed cut in food stamp fund- the gentleman for yielding me this marks.) ing would take food away from hungry people time. Congress has failed to authorize Ms. WATERS. Mr. Speaker, I support and set a dangerous precedent for using nutri- the ongoing war in Kosovo but the disaster relief for the people of Central tion assistance as a budgetary offset. House and Senate Republican leaders America and the Caribbean. This as- I am also deeply concerned about the $350 are happy enough to see the Presi- sistance is long overdue. I support million cut in the Section 8 affordable housing dent’s $7 billion request for emergency funding for our troops in Kosovo. I also program, which provides housing assistance funding and raise him $8 billion. That support full funding for Census 2000. to poor and elderly people, including many of is right. $15 billion of so-called emer- Nevertheless, I must oppose H.R. 1141, our nation's veterans. According to the Depart- gency funding, every penny of which the Emergency Supplemental Appro- ment of Housing and Urban Development, this will come from the Social Security priations Act for Fiscal Year 1999. This rescission will result in a loss of subsidy for trust funds. $15 billion in pork and spe- supplemental bill includes a $1.25 bil- approximately 60,000 families and exacerbate cial interest waivers under the guise of lion cut in food stamp funding, a $350 the current waiting list problem, on which a military emergency in Kosovo. Some- million cut in the Section 8 affordable many families must wait months or years to thing stinks. I guess that is why this housing program, and a $22.4 million receive the housing assistance they so des- bill includes $2.2 million for sewers in cut in unemployment insurance pro- perately need. The rescission could also dis- Salt Lake City for the Olympics. That grams. These harmful cuts target the rupt the Section 8 program and cause many is an emergency. And a mining give- most vulnerable sections of our Na- landlords to opt out of the program altogether. away in Washington State. Waiver of H3230 CONGRESSIONAL RECORD — HOUSE May 18, 1999 environmental laws. That is an emer- My reluctance is due to the fact that the bill Mr. WALSH. Mr. Speaker, I thank gency under this bill. Special breaks contains vitally needed funding for domestic my distinguished colleague from the for oil and gas producers who just farm aid and I along with others from rural Committee on Rules for yielding me raised the price of gas 50 cents a gallon. America have pleaded with Congress to pro- this time. It has been intimated to the That is an emergency. $3.7 million for vide these funds for months. Members that the offsets in this bill the page dorm. $3 million for reindeer This vitally needed farm aid is well overdue. are to take from the poor to give to, I ranchers. $23 million for fishers in Included in the $574 million in emergency presume, the rich. Let me just try to Alaska. Hundreds of thousands for agricultural assistance is $109.6 million for set the record straight here. Democratic and Republican leaders. FSA Loan Programs and $42.75 million for First of all, the offsets on the food These are not emergencies. Say no to FSA salaries and expenses. These loan funds stamps, the $1.2 billion, was offered by this legislation. are critically important to farmers who need the White House. So if Members have a Mr. HALL of Ohio. Mr. Speaker, I capital just to stay in business. problem with using the food stamps as yield 2 minutes to the gentlewoman And, the operating funds for the Farm Serv- an offset, they better call Mr. Lew from North Carolina (Mrs. CLAYTON). ice Agency are vital and will help that Agency down at the White House because they (Mrs. CLAYTON asked and was given to help the farmers. suggested these. By the way, these are permission to revise and extend her re- Mr. Speaker, small farmers are having a dif- surplus funds. On the issue of $350 mil- marks.) ficult time, struggling to survive in America. lion for Section 8 housing, I would re- Mrs. CLAYTON. Mr. Speaker, I rise Most are losing money and fighting to stay mind my colleagues that no one, and I to oppose this bill, but I do so with in the farming business. repeat, no one has ever lost their hous- great reluctance. I so very much want- In North Carolina, hogs, the state's top farm ing or their housing voucher because of ed to vote for this emergency bill be- commodity, have experienced a fifty percent rescissions in Section 8. This is some- cause just as it addresses an emergency drop in prices since 1996. thing that has happened each and Wheat is down forty-two percent; Soybeans situation in Kosovo and Central Amer- every Congress. The money has always down thirty-six percent; CornÐthirty-one per- ica, it also addresses an emergency sit- been restored. Are we going to have a cent; peanutsÐtwenty-eight percent. problem? Is it going to be challenging? uation for farmers all across this Na- Turkey and cotton prices are down twenty- tion. My reluctance is due to the fact Absolutely. But we are committed to three percent, since 1996. making sure that that Section 8 money that the bill contains vitally needed In fact, Mr. Speaker, there is no commodity funding for domestic farm aid and I is put back in. Let me just respond on in North Carolina that makes money for farm- this issue of the supplemental. along with others from rural America ers. have pleaded with Congress to provide There are a lot of things in this sup- The conference report also includes lan- plemental to hate, there is no question. these funds for months. This vitally guage that prohibits the Federal Government needed farm aid is well overdue. The I think quite frankly the House did a from recovering part of the tobacco settlement far better job than the Senate. The operating funds for the Farm Service reached by the states. Agency are vital and will help that Senate wanted to throw everything in In addition, it includes language permitting but the kitchen sink. I suppose if the agency to help farmers. the states to use this money, without restric- Mr. Speaker, small farmers are hav- kitchen sink came from Alaska, it tion. would be in here. But the fact of the ing a difficult time, struggling to sur- Those are important provisions for my state. vive in America. Most are losing So, it is with great reluctance that I oppose matter is, we held them back and tried to keep this money in check and keep money and fighting to stay in the this conference report. farming business. In North Carolina, Yet, despite my reluctance, I am firm in my the spending responsible and in terms hogs, the State’s top farm commodity, opposition. of emergencies. I would conclude by saying if the have experienced a 50 percent drop. I am firm in my opposition because the con- President and the administration had Wheat is down 42 percent. Soybeans are ference report contains undue and unneces- taken care of the defense establish- down 36 percent. I can go on and on. In sary offsets. ment of this country and funded each fact, Mr. Speaker, there is no com- The offsets are undue because the funds and every adventure that we are seeing modity that is making money for farm- being taken away as offsets are critically needed funds. around the globe over the past 6 or 7 ers in my State. years, we would not be at this point The conference report includes lan- The offsets are unnecessary because this is right now. Sure this is a supplemental guage that prohibits the Federal Gov- an Emergency Supplemental, seeking to ad- and there are additional expenditures ernment from using the tax settle- dress true emergencies, and therefore, no off- in here, but we tried very hard to keep ment. That is important to my State. set is required. this as small a dollar amount as we So it is with great reluctance that I op- The offsets are particularly onerous because could, targeted at the war and at the pose this conference report. Yet in they take $1.25 billion from the Food Stamp Program. other emergencies that we face. spite of my reluctance, I am firm in my The Federal Emergency Management opposition. I am firm in my opposition By this deed, the report fails to recognize that hunger in America is more than just a Agency gets some additional funds. to this conference report because it That is what this supplemental was contains undue and unnecessary off- word. Many of our citizens, including many chil- meant to provide. There was an issue sets. The offsets are undue because the dren, still live without proper nutrition and suffi- that was also raised about Federal funds being taken away are critically cient food. Emergency Management funding going needed. The offsets are unnecessary be- The offsets also include $350 million from to Central America. Some people sup- cause this is an emergency supple- the Section 8 Housing Program. And, in what port that. Some do not. But the fact of mental seeking to address true emer- seems to be a contradiction, the offsets in- the matter is, FEMA funds were for gencies. Therefore, no offset is re- clude $22.5 million from the Agricultural Re- American emergencies, not Central quired. The offset is particularly oner- search Service. American emergencies. But many of us ous because it takes $1.25 billion from For these reasons, Mr. Speaker, I cannot felt that since these were serious, that food stamps. It takes food stamps. It vote for this conference report. people were damaged and harmed by takes funds from Section 8. You are We can respond to emergencies, especially this, that we would reach out to them. taking from the poor to take care of those of our farmers, without creating emer- But those funds had to be offset under the farmer. This is unnecessary. It is gencies among our children and the poor. our rules. So we had to go out and find unworthy of us. I urge the defeat of We can provide food, shelter, hurricane and additional offsets. The White House of- this bill. other aid to our friends abroad, as we should, fered the food stamps offsets. The Sec- Mr. Speaker, I rise to oppose this bill, but I without creating a storm here at home. tion 8 offsets will be put back in. We do so with great reluctance. I so very much We can help those in Kosovo and Central are committed to that. wanted to vote for this emergency bill because America, as we should, without requiring an Mr. HALL of Ohio. Mr. Speaker, I just as it addresses an emergency situation in offset, because this is a true emergency. yield 11⁄2 minutes to the gentleman Kosovo and Central America, it also address- Mrs. MYRICK. Mr. Speaker, I yield 3 from Minnesota (Mr. MINGE). es an emergency situation with farmers all minutes to the gentleman from New Mr. MINGE. Mr. Speaker, I would across this nation. York (Mr. WALSH). certainly compliment the dedication of May 18, 1999 CONGRESSIONAL RECORD — HOUSE H3231 the Committee on Appropriations in Mr. Speaker, there are good riders supports our troops in a very impor- this body and the other to bringing and there are bad riders, and of course tant way, a vital way. It helps with forth legislation. But what troubles me beauty is in the eye of the beholder. hurricane relief in the Caribbean and is that this legislation has become a These appropriation bills more often Central America. It helps tornado vic- Trojan horse for many other unwar- than not contain riders which seek to tims in Oklahoma and Kansas. It helps ranted projects in an emergency spend- overturn rulemakings which seek to the refugees in the Balkans and hurt- ing bill. How can we justify the litany protect overall public interests. Those ing people as a result of the tremen- of projects that have been disclosed are bad riders. In the case of the pend- dous amount of oppression and geno- here this afternoon in an emergency ing legislation there are two riders cide that is going on there. bill, projects that ought to be funded in concerning hard rock mining on West- The humanitarian aid has been in- the normal appropriations process, ern public lands. creased 1 percent in this bill, mainly as projects which are essentially coming In the pending legislation there is, in a result of increases in food aid to the out of the Social Security trust fund. effect, a provision which actually This is obscene. How do we explain to changes the operation of the Mining refugees for the next few months. It the seniors of this country or to the Law of 1872. This provision would waive brings the total humanitarian package young people who are concerned about mining law requirements as they relate in this bill to 5 percent of the total the Social Security program this abuse to the amount of public land around package. This money is important and of the emergency supplemental proc- mining claims that can be used to dis- vital. I urge Members to support the ess? pose of mining wastes. My colleagues conference committee. I would also like to emphasize that from Florida and Washington have al- Mrs. MYRICK. Mr. Speaker, I yield 8 part of what is happening here is we ready spoken to this, and if they offer minutes to the gentleman from Ohio are busting the budget caps. We have their motion to recommit, I will sup- (Mr. REGULA). paid lip service to our commitment to port it. observe these caps and balance the (Mr. REGULA asked and was given I can certainly understand they need budget. But, in fact, what we are doing permission to revise and extend his re- to provide jobs by mining employment is we are shoehorning into an emer- marks.) in the Western lands. I have a similar gency bill billions of dollars in spend- concern in my area where coal mining Mr. REGULA. Mr. Speaker, appar- ing that was otherwise expected to prevails in southern West Virginia. But ently there has been some discussion have to be calculated and fit into the on the floor about environmental rid- normal process. This is an abuse of the the rider on this bill is not limited to one particular mine. This is no small ers in this bill. We resisted some of budget process. This is Exhibit A of the those that were included in the Senate need for budget reform in this Con- issue. We are talking about sizable bill. We tried to have a balanced bill. gress. quantities of public land. What is par- Mrs. MYRICK. Mr. Speaker, I yield 2 ticularly galling is that after years and On the case of the finalizing of hard minutes to the gentleman from Iowa years of resistance to negotiating any rock mining regulations, the facts are (Mr. GANSKE). reforms to Mining Law of 1872, we are that there is a National Academy of Mr. GANSKE. Mr. Speaker, I rise in faced with a rider that is stuck deep in Sciences, which is an independent opposition to this bill today. Let us the bowels of this emergency appro- agency, doing a study to give us an take a look at the emergencies this bill priation bill that favors one company. analysis of the provisions that are contains. Money for sewers. Money for I urge recommittal. being proposed in these regulations. dormitories. Money for fish in Alaska. Mrs. MYRICK. Mr. Speaker, I reserve This report is due out by July 31, and Money for reindeer. I mean, is Santa in the balance of my time. there is a 120-day comment period trouble? Is there some reindeer emer- Mr. HALL of Ohio. Mr. Speaker, I thereafter. gency that I am not aware of that re- yield 1 minute to the gentleman from quires millions of dollars? Or how Oregon (Mr. WU). So what we are really saying in this about the extra money that goes to the Mr. WU. Mr. Speaker, I rise today in bill is give us time to get the report minority leader and the majority whip? opposition to the supplemental appro- from the National Academy of Is there some emergency going on in priations conference report and in sup- Sciences, give the people, both sides, those offices that none of us are aware port of the motion to recommit offered time to comment, which is also pro- of that has not been reported in Roll by the gentleman from Florida (Mr. vided in that arrangement, and then we Call? DEUTSCH) and the gentleman from will decide what the national policy Mr. Speaker, we should provide for Washington (Mr. INSLEE). The people of should be. And all this bill does is to our service men and women the re- Oregon sent me 2,500 miles away to be put a moratorium on until such time sources they need. But the Department careful with both their budget and with as we get that information. of Defense requested $6 billion to fulfill the environment. This bill is bloated On the Crown Jewel Mine issue, its obligation. This bill doubles what on the budgetary side and is just flat again this is retroactive. The Crown the military experts said they needed. wrong in the process and the substance Jewel Mine is a mining company that There is nearly $2 billion for a military of the decisions made in its environ- has crossed every T, dotted every I, has pay raise. Mr. Speaker, we need to ad- mental riders. had all the permits issued by the Fed- dress that issue, but not in an emer- Mr. Speaker, substantive environ- eral and the State government. They gency spending bill. Some say, ‘‘Well, mental legislation should not be passed are ready to go forward. we offset this by $2 billion.’’ Yes, bil- in the dark of night. They deserve full It was pointed out in the debate on lions of dollars from food stamps. We review by this body and by the Senate, the supplemental that several State re- can forget about reducing the national and, quite frankly, the substantive de- tirement systems and State govern- debt if we keep spending down the So- cision to open up mining in the Crown mental agencies had invested in this cial Security surplus with this kind of Jewel Mine is something that I do not mine, and if it were not allowed to go uncontrolled emergency spending. believe my constituents or the people forward, there would be a total loss of b 1800 of America would support as an inde- money to these retirement systems. So Mr. Speaker, I cannot in good con- pendent freestanding bill. Therefore, Mr. Speaker, I stand in my colleagues are talking about taking science vote for an emergency spending money away from public retirement bill loaded up with nonemergency strong support of the motion to recom- mit submitted by the gentleman from programs if they were to allow this spending provisions and unrelated envi- Crown Jewel Mine to be shut down. ronmental policy decisions. Washington (Mr. INSLEE) and the gen- Mr. HALL of Ohio. Mr. Speaker, I tleman from Florida (Mr. DEUTSCH). Now it is not as if this was prospec- yield 1 minute to the gentleman from Mr. HALL of Ohio. Mr. Speaker, I tive. This mine has been okayed by ev- West Virginia (Mr. RAHALL). yield myself the balance of the time. erybody, had a NEPA statement filed, Mr. RAHALL. Mr. Speaker, I thank Mr. Speaker, this is not a perfect bill. done everything required by the law of the gentleman from Ohio for yielding It certainly is a much better bill than both the State of Washington as well this time to me. passed this House last week by far. It as the Federal Government, and all we H3232 CONGRESSIONAL RECORD — HOUSE May 18, 1999 have said in this bill is they can go for- tors’ money and then change the So, Mr. Speaker, I want to thank the ward so that these large groups of in- reules. They should not be required to gentleman for the work he did on that vestors, such as the retirement sys- suffer a huge loss because of this ob- because I think he did the right thing. tems, do not suffer huge losses and be- scure provision that is being inter- Mr. REGULA. Mr. Speaker, if I have cause it is the right thing to do. They preted. A Solicitor’s opinion is not law, any time, I would just say that the pro- have done everything required by law. and I think if we just tried to deal with vision that was put in by the other That is an issue that this Congress this single issue problem, if it is wrong, body was very sweeping. The House will have to address. Whether or not we we should have a bill put in here and conferees narrowed it, and got it very choose to preclude mining in the amend the law. narrow in its application. United States in the future is a policy Mr. DEUTSCH. If the gentleman Mrs. MYRICK. Mr. Speaker, I yield issue that will continue to be before would continue to yield, again I think myself such time as I may consume. this body in the future. But at least in if our concern is the teachers’ unions, Mr. Speaker, as I said before, some of fairness we should not legislate retro- there will be a lot better ways, and I us have our differences with this bill, actively, and that is what has been at- think the teachers of America and the including myself. As my colleagues know, the Senate added pork, no ques- tempted by the Solicitor’s opinion. We children of America and the American tion, everything but the kitchen sink, are simply putting a stay on that so people would be a lot happier dealing and it is certainly not emergencies. that those companies that have abided with that investment a different way. But everyone needs to support this rule by the law in every way, have made I mean we are talking about hun- so we can have an open and honest de- dreds of acres of land that you and I huge investments, $80 million invest- bate on the floor during the general de- own as American citizens, pristine na- ments provided by funds from the bate. groups that I mentioned, are allowed to tional forest areas. Mr. Speaker, I yield the balance of continue operating. Mr. REGULA. Mr. Speaker, I do not my time to the gentleman from Cali- know, and I have not been out there so So I think these are responsible fornia (Mr. DREIER), the chairman of amendments. We did have some that I have not looked at it, and I do not the Committee on Rules. were anti-environment, and we did not know all the nuances of the law. I just (Mr. DREIER asked and was given approve those. There were amendments know that the agencies of this adminis- permission to revise and extend his re- from the other body that were denied tration approved it, told them to go marks.) in the conference because they were ahead and make the investment. They b 1815 not constructive environmental ac- did everything required by the laws of tions. the United States and the State of Mr. DREIER. Mr. Speaker, I rise in Mr. DEUTSCH. Mr. Speaker, will the Washington, and what more can we ask strong support of this rule and I think gentleman yield? of a company? And again, if we think it is important for us to get back to Mr. REGULA. I yield to the gen- this is wrong, we have a responsibility the reason that we are here right now. tleman from Florida. to deal with it in a policy decision in We are going to be, once we pass this Mr. DEUTSCH. Mr. Speaker, I appre- this body. measure, discussing a $15 billion emer- ciate it, and I appreciate the gen- Mr. HASTINGS of Washington. Mr. gency supplemental appropriations tleman putting the best spin possible Speaker, will the gentleman yield? bill, which is absolutely necessary to on these riders. But I would still, as my Mr. REGULA. I yield to the gen- offset the very significant costs of the colleagues know, mention to the gen- tleman from Washington. Kosovo campaign, as well as to provide tleman that the Solicitor’s opinion Mr. HASTINGS of Washington. Mr. emergency aid to America’s farmers, would prevent these open pit mines Speaker, I want to thank the gen- disaster victims here in the United from putting toxic waste on our lands, tleman for taking this action because States and Central America and to Bal- on Federal lands, and by the rider that let us put this into perspective. This kan refugees. we have put in the bill, which I am sure was a mine in north central Wash- Now I would like to compliment the very distinguished chairman of the it was not at the gentleman’s initiative ington that had invested some $80 mil- Committee on Appropriations, the gen- that it was put in the bill, it would ex- lion with the full expectation that, if tleman from Florida (Mr. YOUNG), and actly do that. It would allow hundreds they followed the rules as was laid out specifically our great Speaker, the gen- of acres of pristine Federal lands to be in current law, that they would be able tleman from Illinois (Mr. HASTERT), to mine for this gold. They passed stacked up with waste product, toxic who did a superb job facing much ad- every hoop that the State of Wash- waste product. I mean it is beyond versity, and I can say I was in on a ington put, every barrier the State of comprehension that we are allowing number of these meetings over the past that to happen. Washington put up, everything that several weeks on this issue and it has Mr. REGULA. Mr. Speaker, I am puz- the Federal Government put up, and been a challenging time but both the zled as to why the Environmental Pro- they passed it until it got here and the gentleman from Florida (Mr. YOUNG) tection Agency of this administration Solicitor simply said, ‘‘I’m sorry.’’ and the gentleman from Illinois (Mr. What happened was that the Solic- would approve it under the cir- HASTERT) have done an absolutely su- cumstances the gentleman from Flor- itor said, ‘‘I’m sorry, we’re going to perb job. ida has just outlined. take a provision that had never been As my friend, the gentlewoman from Mr. DEUTSCH. Mr. Speaker, if the enforced, never been enforced in the Charlotte, North Carolina (Mrs. gentleman would continue to yield, I 1872 Mining Law,’’ and said for that MYRICK) just said, it is true our col- mean he is legislating. That overrides reason we are going to completely shut leagues in the other body have clearly every other piece of legislation that ex- down this mine, again, after it had added many things to this measure ists that specifically allows that to gone through all the barriers that were which should not be there, but this occur. required under current law. conference report takes a very impor- Mr. REGULA. Now wait a minute. Now I might add it does have an ef- tant first step towards reversing that The mining law provides for regula- fect, as the gentleman mentioned, on very dangerous 10-year path that we tion. This is rather ironic. This admin- retirement funds, but also it has an im- have had of diminishing the capability istration has been opposed to the 1872 pact on employment of about 150 to 200 of our Nation’s defenses. Mining Act, and yet they found an ob- people in a county frankly that is cry- With the ongoing missions that are scure provision in that particular act ing for more employment. So in fair- taking place, both in Kosovo, Korea that the Solicitor used to make his ness is the real reason why this provi- and Iraq, our forces are being asked to opinion valid. He used the mining law sion was put into law, because it deals do much more with much less. The bill to bring this about. with this specific mine and mines that puts $2.65 billion directly into the pipe- But the point is that all the agencies are in existence already, that were line for spare parts, readiness, depot of this administration had okayed it, playing by the rules that we thought maintenance and recruitment. and if we think it is wrong, we ought to they should be playing by when they Along with many others, many oth- change the law. We should not allow a started their endeavor and made that ers in this House and around this coun- company to invest $80 million of inves- investment. try, I have had serious doubts as to the May 18, 1999 CONGRESSIONAL RECORD — HOUSE H3233 effectiveness of our air-only campaign. Hansen McHugh Scarborough Thompson (MS) Vento Weiner Hastings (WA) McInnis Schaffer Thurman Visclosky Weygand Whatever the arguments for U.S. in- Hayes McIntosh Scott Tierney Waters Woolsey volvement in Kosovo were, it is now a Hayworth McKeon Sensenbrenner Towns Waxman Wu very clear national interest that both Hefley Menendez Shadegg NOT VOTING—9 the United States of America and the Herger Metcalf Shaw Hill (MT) Mica Shays Borski Condit Serrano North Atlantic Treaty Organization al- Hilleary Miller (FL) Sherwood Brady (PA) Gutierrez Sessions liance prevail in this conflict. The Hinchey Miller, Gary Shimkus Brown (CA) Quinn Weldon (PA) price of NATO and American failure is Hinojosa Minge Shows b 1837 simply too great at this point. Hobson Moakley Shuster Hoeffel Mollohan Simpson Mrs. JONES of Ohio, Ms. ROYBAL- Therefore, I urge support of both this Hoekstra Moore Sisisky rule, which is the standard rule Holden Moran (KS) Skeen ALLARD, and Ms. KAPTUR changed waiving points of order against the Horn Moran (VA) Skelton their vote from ‘‘yea’’ to ‘‘nay.’’ Hostettler Morella Smith (MI) Mr. SCHAFFER changed his vote conference report, and we will have a Houghton Murtha Smith (NJ) full hour of debate led by the chairman Hoyer Myrick Smith (TX) from ‘‘nay’’ to ‘‘yea.’’ of the Committee on Appropriations Hulshof Nethercutt Smith (WA) So the resolution was agreed to. and the ranking minority member, the Hunter Ney Snyder The result of the vote was announced Hutchinson Northup Souder as above recorded. gentleman from Wisconsin (Mr. OBEY), Hyde Norwood Spence and I think at the end of the day we Isakson Nussle Spratt A motion to reconsider was laid on should have a very strong bipartisan Istook Obey Stearns the table. Jenkins Olver Stenholm f vote for this. John Ortiz Stump Mrs. MYRICK. Mr. Speaker, I yield Johnson (CT) Ose Sununu RULES OF COMMITTEE ON STAND- back the balance of my time, and I Johnson, E. B. Oxley Sweeney ARDS OF OFFICIAL CONDUCT Johnson, Sam Packard Talent move the previous question on the res- Jones (NC) Paul Tancredo FOR THE 106TH CONGRESS olution. Kasich Pease Tanner Mr. SMITH of Texas. Mr. Speaker, I The previous question was ordered. Kelly Pelosi Tauscher ask unanimous consent for the publica- The SPEAKER pro tempore (Mr. Kildee Peterson (PA) Tauzin King (NY) Petri Taylor (MS) tion in the CONGRESSIONAL RECORD (as THORNBERRY). The question is on the Kingston Pickering Taylor (NC) contemplated by clause 2(a)2 of rule XI) resolution. Knollenberg Pickett Terry of the rules adopted by the Committee The question was taken; and the Kolbe Pitts Thomas Thornberry on Standards of Official Conduct pursu- Speaker pro tempore announced that Kuykendall Pombo LaHood Pomeroy Thune ant to clause 2(a)(1) of rule XI, which the ayes appeared to have it. Lampson Porter Tiahrt have duly governed the proceedings of Mr. DEUTSCH. Mr. Speaker, I object Lantos Portman Toomey the Committee since their adoption on to the vote on the ground that a Largent Price (NC) Traficant Larson Pryce (OH) Turner January 20, 1999, and subsequent quorum is not present and make the Latham Radanovich Udall (CO) amendment on March 10, 1999 and on point of order that a quorum is not LaTourette Ramstad Udall (NM) Lazio Regula Upton April 14, 1999. present. The SPEAKER pro tempore (Mr. The SPEAKER pro tempore. Evi- Leach Reyes Velazquez Levin Reynolds Walden THORNBERRY). Is there objection to the dently a quorum is not present. Lewis (CA) Riley Walsh request of the gentleman from Texas? Lewis (GA) Rivers Wamp The Sergeant at Arms will notify ab- There was no objection. sent Members. Lewis (KY) Roemer Watkins Linder Rogan Watt (NC) RULES: COMMITTEE ON STANDARDS OF The vote was taken by electronic de- LoBiondo Rogers Watts (OK) OFFICIAL CONDUCT vice, and there were—yeas 315, nays Lofgren Rohrabacher Weldon (FL) FOREWORD 109, not voting 9, as follows: Lowey Ros-Lehtinen Weller Lucas (KY) Roukema Wexler The Committee on Standards of Official [Roll No. 131] Lucas (OK) Royce Whitfield Conduct is unique in the House of Represent- YEAS—315 Maloney (NY) Ryan (WI) Wicker atives. Consistent with the duty to carry out Manzullo Ryun (KS) Wilson its advisory and enforcement responsibilities Abercrombie Bryant Dunn Matsui Sabo Wise Ackerman Burr Edwards McCarthy (MO) Salmon Wolf in an impartial manner, the Committee is Aderholt Burton Ehlers McCarthy (NY) Sandlin Wynn the only standing committee of the House of Allen Buyer Ehrlich McCollum Sanford Young (AK) Representatives the membership of which is Andrews Callahan Emerson McCrery Saxton Young (FL) divided evenly by party. These rules are in- Archer Calvert Engel tended to provide a fair procedural frame- Armey Camp English NAYS—109 Bachus Campbell Etheridge work for the conduct of the Committee’s ac- Baird Canady Everett Baldwin Hill (IN) Meeks (NY) tivities and to help insure that the Com- Baker Cannon Ewing Barrett (WI) Hilliard Millender- mittee serves well the people of the United Baldacci Capps Farr Becerra Holt McDonald States, the House of Representatives, and Ballenger Cardin Fletcher Berman Hooley Miller, George the Members, officers, and employees of the Barcia Castle Foley Brown (OH) Inslee Mink House of Representatives. Barr Chabot Forbes Capuano Jackson (IL) Nadler Barrett (NE) Chambliss Ford Carson Jackson-Lee Napolitano PART I—GENERAL COMMITTEE RULES Bartlett Chenoweth Fossella Clay (TX) Neal Rule 1. General Provisions Barton Clement Fowler Clayton Jefferson Oberstar Bass Coble Franks (NJ) Clyburn Jones (OH) Owens (a) So far as applicable, these rules and the Bateman Coburn Frelinghuysen Conyers Kanjorski Pallone Rules of the House of Representatives shall Bentsen Collins Frost Costello Kaptur Pascrell be the rules of the Committee and any sub- Bereuter Combest Gallegly Coyne Kennedy Pastor committee. The Committee adopts these Berkley Cook Ganske Crowley Kilpatrick Payne rules under the authority of clause 2(a)(1) of Berry Cooksey Gekas Cummings Kind (WI) Peterson (MN) Rule XI of the Rules of the House of Rep- Biggert Cox Gibbons Danner Kleczka Phelps resentatives, 106th Congress. Bilbray Cramer Gilchrest Davis (IL) Klink Rahall Bilirakis Crane Gillmor DeFazio Kucinich Rangel (b) The rules of the Committee may be Bishop Cubin Gilman DeGette LaFalce Rodriguez modified, amended, or repealed by a vote of Blagojevich Cunningham Gonzalez Delahunt Lee Rothman a majority of the Committee. Bliley Davis (FL) Goode DeLauro Lipinski Roybal-Allard (c) When the interests of justice so require, Blumenauer Davis (VA) Goodlatte Deutsch Luther Rush the Committee, by a majority vote of its Blunt Deal Goodling Dixon Maloney (CT) Sanchez members, may adopt any special procedures, Boehlert DeLay Gordon Doggett Markey Sanders not inconsistent with these rules, deemed Boehner DeMint Goss Doyle Martinez Sawyer Bonilla Diaz-Balart Graham Eshoo Mascara Schakowsky necessary to resolve a particular matter be- Bonior Dickey Granger Evans McDermott Sherman fore it. Copies of such special procedures Bono Dicks Green (TX) Fattah McGovern Slaughter shall be furnished to all parties in the mat- Boswell Dingell Green (WI) Filner McIntyre Stabenow ter. Boucher Dooley Greenwood Frank (MA) McKinney Stark Rule 2. Definitions Boyd Doolittle Gutknecht Gejdenson McNulty Strickland Brady (TX) Dreier Hall (OH) Gephardt Meehan Stupak (a) ‘‘Committee’’ means the Committee on Brown (FL) Duncan Hall (TX) Hastings (FL) Meek (FL) Thompson (CA) Standards of Official Conduct. H3234 CONGRESSIONAL RECORD — HOUSE May 18, 1999 (b) ‘‘Complaint’’ means a written allega- to each written request for an opinion from later than 30 days prior to a primary or gen- tion of improper conduct against a Member, a member, officer or employee. Each re- eral election in which the candidate is par- officer, or employee of the House of Rep- sponse shall discuss all applicable laws, ticipating. resentatives filed with the Committee with rules, regulations, or other standards. (d) An individual who takes legally suffi- the intent to initiate an inquiry. (g) Where a request is unclear or incom- cient action to withdraw as a candidate be- (c) ‘‘Inquiry’’ means an investigation by an plete, the Office of Advice and Education fore the date of which that individual’s Fi- investigative subcommittee into allegations may seek additional information from the nancial Disclosure Statement is due under against a Member, officer, or employee of requester. the Ethics in Government Act shall not be the House of Representatives. (h) The Chairman and Ranking Minority required to file a Statement. An individual (d) ‘‘Investigative Subcommittee’’ means a Member are authorized to take action on be- shall not be excused from filing a Financial subcommittee designated pursuant to Rule 8 half of the Committee on any proposed writ- Disclosure Statement when withdrawal as to conduct an inquiry to determine if a ten opinion that they determine does not re- candidate occurs after the date on which Statement of Alleged Violation should be quire consideration by the Committee. If the such Statement was due. issued. Chairman or Ranking Minority member re- (e) Any individual who files a report re- (e) ‘‘Statement of Alleged Violation’’ quests a written opinion, or seeks a waiver, quired to be filed under title I of the Ethics means a formal charging document filed by extension, or approval pursuant to Rules 3(l), in Government Act more than 30 days after an investigative subcommittee with the 4(c), 4(e), or 4(h), the next ranking member of the later of— Committee containing specific allegations the requester’s party is authorized to act in (1) the date such report is required to be against a Member, officer, or employee of lieu of the requester. filed, or (2) if a filing extension is granted to such the House of Representatives of a violation (i) The Committee shall keep confidential individual, the last day of the filing exten- of the Code of Official Conduct, or of a law, any request for advice from a Member, offi- sion period, is required by such Act to pay a rule, regulation, or other standard of con- cer, or employee, as well as any response late filing fee of $200. The Chairman and duct applicable to the performance of official thereto. Ranking Minority Member are authorized to duties or the discharge of official respon- (j) The Committee may take no adverse ac- approve requests that the fee be waived sibilities. tion in regard to any conduct that has been based on extraordinary circumstances. (f) ‘‘Adjudicatory Subcommittee’’ means a undertaken in reliance on a written opinion subcommittee of the Committee comprised (f) Any late report that is submitted with- if the conduct conforms to the specific facts out a required filing fee shall be deemed pro- of those Committee members not on the in- addressed in the opinion. vestigative subcommittee, that holds an ad- cedurally deficient and not properly filed. (k) Information provided to the Committee (g) The Chairman and Ranking Minority judicatory hearing and determines whether by a Member, officer, or employee seeking Member are authorized to approve requests the counts in a Statement of Alleged Viola- advice regarding prospective conduct may for waivers of the aggregation and reporting tion are proved by clear and convincing evi- not be used as the basis for initiating an in- of gifts as provided by section 102(a)(2)(C) of dence. vestigation under clause 3(a)(2) of Rule XI of the Ethics in Government Act. If such a re- (g) ‘‘Sanction Hearing’’ means a Com- the Rules of the House of Representatives, if quest is approved, both the incoming request mittee hearing to determine what sanction, such Member, officer, or employee acts in and the Committee response shall be for- if any, to adopt or to recommend to the good faith in accordance with the written ad- warded to the Legislative Resource Center House of Representatives. vice of the Committee. (h) ‘‘Respondent’’ means a Member, officer, for placement on the public record. (l) A written request for a waiver of clause (h) The Chairman and Ranking Minority or employee of the House of Representatives 5 of House Rule XXVI (the House gift rule), Member are authorized to approve blind who is the subject of a complaint filed with or for any other waiver or approval, shall be trusts as qualifying under section 102(f)(3) of the Committee or who is the subject of an in- treated in all respects like any other request the Ethics in Government Act. The cor- quiry or a Statement of Alleged Violation. for a written opinion. respondence relating to formal approval of a (i) ‘‘Office of Advice and Education’’ refers (m) A written request for a waiver of blind trust, the trust document, the list of to the Office established by section 803(i) of clause 5 of House Rule XXVI (the House gift assets transferred to the trust, and any other the Ethics Reform Act of 1989. The Office rule) shall specify the nature of the waiver documents required by law to be made pub- handles inquiries; prepares written opinions being sought and the specific circumstances lic, shall be forwarded to the Legislative Re- in response to specific requests; develops justifying the waiver. source Center for such purpose. general guidance; and organizes seminars, (n) An employee seeking a waiver of time (i) The Committee shall designate staff workshops, and briefings for the benefit of limits applicable to travel paid for by a pri- counsel who shall review Financial Disclo- the House of Representatives. vate source shall include with the request sure Statements and, based upon informa- Rule 3. Advisory Opinions and Waivers evidence that the employing authority is tion contained therein, indicate in a form (a) The Office of Advice and Education aware of the request. In any other instance and manner prescribed by the Committee shall handle inquiries; prepare written opin- where proposed employee conduct may re- whether the Statement appears substan- ions providing specific advice; develop gen- flect on the performance of official duties, tially accurate and complete and the filer eral guidance; and organize seminars, work- the Committee may require that the re- appears to be in compliance with applicable shops, and briefings for the benefit of the quester submit evidence that the employing laws and rules. House of Representatives. authority knows of the conduct. (i) Each Financial Disclosure Statement (b) Any Member, officer, or employee of shall be reviewed within 60 days after the Rule 4. Financial Disclosure the House of Representatives, may request a date of filing. written opinion with respect to the propriety (a) In matters relating to title I of the Eth- (k) If the reviewing counsel believes that of any current or proposed conduct of such ics in Government Act of 1978, the Com- additional information required because (1) Member, officer, or employee. mittee shall coordinate with the Clerk of the the Statement appears not substantially ac- (c) The Office of Advice and Education may House of Representatives, Legislation Re- curate or complete, or (2) the filer may not provide information and guidance regarding source Center, to assure that appropriate in- be in compliance with applicable laws or laws, rules, regulations, and other standards dividuals are notified of their obligation to rules, then the reporting individual shall be of conduct applicable to Members, officers, file Financial Disclosure Statements and notified in writing of the additional informa- and employees in the performance of their that such individuals are provided in a time- tion believed to be required, or of the law or duties or the discharge of their responsibil- ly fashion with filing instructions and forms rule with which the reporting individual does ities. developed by the Committee. not appear to be in compliance. Such notice (d) In general, the Committee shall provide (b) The Committee shall coordinate with shall also state the time within a response is a written opinion to an individual only in re- the Legislative Resource Center to assure to be submitted. Any such notice shall re- sponse to a written request, and the written that information that the Ethics in Govern- main confidential. opinion shall address the conduct only of the ment Act requires to be placed on the public (l) Within the time specified, including any inquiring individual, or of persons for whom record is made public. extension granted in accordance with clause the inquiring individual is responsible as em- (c) The Chairman and Ranking Minority (c), a reporting individual who concurs with ploying authority. Member are authorized to grant on behalf of the Committee’s notification that the State- (e) A written request for an opinion shall the Committee requests for reasonable ex- ment is not complete, or that other action is be addressed to the Chairman of the Com- tensions of time for the filing of Financial required, shall submit the necessary infor- mittee and shall include a complete and ac- Disclosure Statements. Any such request mation or take appropriate action. Any curate statement of the relevant facts. A re- must be received by the Committee no later amendment may be in the form of a revised quest shall be signed by the requester or the than the date on which the statement in Financial Disclosure Statement or an ex- requester’s authorized representative or em- question is due. A request received after such planatory letter addressed to he Clerk of the ploying authority. A representative shall date may be granted by the Committee only House of Representatives. disclose to the Committee the identity of the in extraordinary circumstances. Such exten- (m) Any amendment shall be placed on the principal on whose behalf advice is being sions for one individual in a calendar year public record in the same manner as other sought. shall not exceed a total of 90 days. No exten- Statements. The individual designated by (f) The Office of Advice and Education sion shall be granted authorizing a non- the Committee to review the original State- shall prepare for the Committee a response incumbent candidate to file a statement ment shall review any amendment thereto. May 18, 1999 CONGRESSIONAL RECORD — HOUSE H3235 (n) Within the time specified, including ument, or other material that is confiden- (c) The Committee may establish other any extension granted in accordance with tial, derived from executive session, or clas- noninvestigative and nonadjudicatory sub- clause (c), a reporting individual who does sified and that is obtained during the course committees and may assign to them such not agree with the Committee that the of employment with the Committee. functions as it may deem appropriate. The Statement is deficient or that other action is (g) All staff members shall be appointed by membership of each subcommittee shall pro- required, shall be provided an opportunity to an affirmative vote of a majority of the vide equal representation for the majority respond orally or in writing. If the expla- members of the Committee. Such vote shall and minority parties. nation is accepted, a copy of the response, if occur at the first meeting of the membership (d) The Chairman may refer any bill, reso- written, or a note summarizing an oral re- of the Committee during each Congress and lution, or other matter before the Com- sponse, shall be retained in Committee files as necessary during the Congress. mittee to an appropriate subcommittee for with the original report. (h) Subject to the approval of the Com- consideration. Any such bill, resolution, or (o) The Committee shall be the final arbi- mittee on House Administration, the Com- other matter may be discharged from the ter of whether any Statement requires clari- mittee may retain counsel not employed by subcommittee to which it was referred by a fication or amendment. the House of Representatives whenever the majority vote of the Committee. (p) If the Committee determines, by vote of Committee determines, by an affirmative (e) Any member of the Committee may sit majority of its members, that there is reason vote of a majority of the members of the with any noninvestigative or nonadjudica- to believe that an individual has willfully Committee, that the retention of outside tory subcommittee, but only regular mem- failed to file a Statement or has willfully fal- counsel is necessary and appropriate. bers of such subcommittee may vote on any sified or willfully failed to file information (i) If the Committee determines that it is matter before that subcommittee. necessary to retain staff members for the required to be reported, then the Committee Rule 9. Quorums and Member Disqualification shall refer the name of the individual, to- purpose of a particular investigation or (a) The quorum for an investigative sub- gether with the evidence supporting its find- other proceeding, then such staff shall be re- committee to take testimony and to receive ing, to the Attorney General pursuant to sec- tained only for the duration of that par- ticular investigation or proceeding. evidence shall be two members, unless other- tion 104(b) of the Ethics Government Act. (j) Outside counsel may be dismissed prior wise authorized by the House of Representa- Such referral shall not preclude the Com- to the end of a contract between the Com- tives. mittee from initiating such other action as mittee and such counsel only by a majority (b) The quorum for an adjudicatory sub- may be authorized by other provisions of law vote of the members of the Committee. committee to take testimony, receive evi- or the Rules of the House of Representatives. (k) In addition to any other staff provided dence, or conduct business shall consist of a Rule 5. Meetings for by law, rule, or other authority, with re- majority plus one of the members of the ad- (a) The regular meeting day of the Com- spect to the Committee, the Chairman and judicatory subcommittee. mittee shall be the second Wednesday of Ranking Minority Member each may appoint (c) Except as stated in clauses (a) and (b) of each month, except when the House of Rep- one individual as a shared staff member from this rule, a quorum for the purpose of con- resentatives is not meeting on that day. his or her personal staff to perform service ducting business consists of a majority of When the Committee Chairman determines for the Committee. Such shared staff may the members of the Committee or sub- that there is sufficient reason, a meeting assist the Chairman or Ranking Minority committee. may be called on additional days. A regu- Member on any subcommittee on which he (d) A member of the Committee shall be in- larly scheduled meeting need not be held serves. Only paragraphs (c), (e), and (f) shall eligible to participate in any Committee or when the Chairman determines there is no apply to shared staff. subcommittee proceeding in which he is the business to be considered. Rule 7. Confidentiality Oaths respondent. (b) The Chairman shall establish the agen- Before any member or employee of the (e) A member of the Committee may dis- da for meetings of the Committee and the Committee may have access to information qualify himself from participating in any in- Ranking Minority Member may place addi- that is confidential under the rules of the vestigation of the conduct of a Member, offi- tional items on the agenda. Committee, the following oath (or affirma- cer, or employee of the House of Representa- (c) All meetings of the Committee or any tion) shall be executed in writing: tives upon the submission in writing and subcommittee shall occur in executive ses- ‘‘I do solemnly swear (or affirm) that I will under oath of an affidavit of disqualification sion unless the Committee or subcommittee, not disclose, to any person or entity outside stating that the member cannot render an by an affirmative vote of a majority of its the Committee on Standards of Official Con- impartial and unbiased decision. If the Com- members, open the meeting or hearing to the duct, any information received in the course mittee approves and accepts such affidavit of public. of my service with the Committee, except as disqualification, or if a member is disquali- (d) Any hearing held by an adjudicatory authorized by the Committee or in accord- fied pursuant to Rule 18(g) or Rule 24(a), the subcommittee or any sanction hearing held ance with its rules.’’ Chairman shall so notify the Speaker and by the Committee shall be open to the pubic Copies of the executed oath shall be pro- ask the Speaker to designate a Member of unless the Committee or subcommittee, by vided to the Clerk of the House as part of the the House of Representatives from the same an affirmative vote of a majority of its mem- records of the House. Breaches of confiden- political party as the disqualified member of bers, closes the hearing to the pubic. tiality shall be investigated by the Com- the Committee to act as a member of the (e) A subcommittee shall meet at the dis- mittee and appropriate action shall be Committee in any Committee proceeding re- cretion of its Chairman. taken. lating to such investigation. (f) Insofar as practicable, notice for any Rule 8. Subcommittees—General Policy and Rule 10. Vote Requirements Committee or subcommittee meeting shall Structure (a) The following actions shall be taken be provided at least seven days in advance of (a) Upon an affirmative vote of a majority the meeting. The Chairman of the Com- only upon an affirmative vote of a majority of its members to initiate an inquiry, the of the members of the Committee or sub- mittee or subcommittee may waive such Chairman and Ranking Minority Member of time period for good cause. committee, as appropriate: the Committee shall designate four members (1) Issuing a subpoena. Rule 6. Committee Staff (with equal representation from the majority (2) Adopting a full Committee motion to (a) The staff is to be assembled and re- and minority parties) to serve as an inves- create an investigative subcommittee. tained as a professional, nonpartisan staff. tigative subcommittee to undertake an in- (3) Adoption of a Statement of Alleged Vio- (b) Each member of the staff shall be pro- quiry. At the time of appointment, the lation. fessional and demonstrably qualified for the Chairman shall designate one member of the (4) Finding that a count in a Statement of position for which he is hired. subcommittee to serve as the chairman and Alleged Violation has been proved by clear (c) The staff as a whole and each individual the Ranking Minority Member shall des- and convincing evidence. member of the staff shall perform all official ignate one member of the subcommittee to (5) Sending a letter of reproval. duties in a nonpartisan manner. serve as the ranking minority member of the (6) Adoption of a recommendation to the (d) No member of the staff shall engage in investigative subcommittee or adjudicatory House of Representatives that a sanction be any partisan political activity directly af- subcommittee. The Chairman and Ranking imposed. fecting any congressional or presidential Minority Member of the Committee may (7) Adoption of a report relating to the election. serve as members of an investigative sub- conduct of a Member, officer, or employee. (e) No member of the staff or outside coun- committee, but may not serve as non-voting, (8) Issuance of an advisory opinion of gen- sel may accept public speaking engagements ex-officio members. eral applicability establishing new policy. or write for publication on any subject that (b) If an investigative subcommittee, by a (b) Except as stated in clause (a), action is in any way related to his or her employ- majority vote of its members, adopts a may be taken by the Committee or any sub- ment or duties with the Committee without Statement of Alleged Violation, members committee thereof by a simple majority, a specific prior approval from the Chairman who did not serve on the investigative sub- quorum being present. and Ranking Minority Member. committee are eligible for appointment to (c) No motion made to take any of the ac- (f) No member of the staff or outside coun- the adjudicatory subcommittee to hold an tions enumerated in clause (a) of this Rule sel may make public, unless approved by an Adjudicatory Hearing under Committee Rule may be entertained by the Chair unless a affirmative vote of a majority of the mem- 24 on the violations alleged in the State- quorum of the Committee is present when bers of the Committee, any information, doc- ment. such motion is made. H3236 CONGRESSIONAL RECORD — HOUSE May 18, 1999 Rule 11. Communications by Committee Members tion at the hearing shall not be permitted. (d) Information offered as a complaint by and Staff This paragraph supplements clause 2(k)(5) of an individual not a Member of the House Committee members and staff shall not Rule XI of the Rules of the House of Rep- may be transmitted to the Committee, pro- disclose any evidence relating to an inves- resentatives relating to the protection of the vided that a Member of the House certifies in tigation to any person or organization out- rights of witnesses. writing that he or she believes the informa- side the Committee unless authorized by the (c) Not more than four television cameras, tion is submitted in good faith and warrants Committee. The Chairman and Ranking Mi- operating from fixed positions, shall be per- the review and consideration of the Com- nority Member shall have access to such in- mitted in a hearing or meeting room. The mittee. formation that they request as necessary to Committee may allocate the positions of (e) A complaint must be accompanied by a conduct Committee business. Evidence in permitted television cameras among the tel- certification, which may be unsworn, that the possession of an investigative sub- evision media in consultation with the exec- the complainant has provided an exact copy committee shall not be disclosed to other utive Committee of the Radio and Television of the filed complaint and all attachments to Committee members except by a vote of the Correspondents’ Galleries. the respondent. (f) The Committee may defer action on a subcommittee. (d) Television cameras shall be placed so as not to obstruct in any way the space between complaint against a Member, officer, or em- Rule 12. Committee Records any witness giving evidence or testimony ployee of the House of Representatives when (a) The Committee may establish proce- and any member of the Committee, or the the complaint alleges conduct that the Com- dures necessary to prevent the unauthorized visibility of that witness and that member to mittee has reason to believe is being re- disclosure of any testimony or other infor- each other. viewed by appropriate law enforcement or mation received by the Committee or its (e) Television cameras shall not be placed regulatory authorities, or when the Com- staff. in positions that unnecessarily obstruct the mittee determines that it is appropriate for (b) Members and staff of the Committee coverage of the hearing or meeting by the the conduct alleged in the complaint to be shall not disclose to any person or organiza- other media. reviewed initially by law enforcement or reg- tion outside the Committee, unless author- ulatory authorities. PART II—INVESTIGATIVE AUTHORITY ized by the Committee, any information re- (g) A complaint may not be amended with- garding the Committee’s or a subcommit- Rule 14. House Resolution out leave of the Committee. Otherwise, any tee’s investigative, adjudicatory or other Whenever the House of Representatives, by new allegations of improper conduct must be proceedings, including, but not limited to: (i) resolution, authorizes or directs the Com- submitted in a new complaint that independ- the fact of or nature of any complaints; (ii) mittee to undertake an inquiry or investiga- ently meets the procedural requirements of executive session proceedings; (iii) informa- tion, the provisions of the resolution, in con- the Rules of the House of Representatives tion pertaining to or copies of any Com- junction with these Rules, shall govern. To and the Committee’s Rules. mittee or subcommittee report, study, or the extent the provisions of the resolution (h) The Committee shall not accept, and other document which purports to express differ from these Rules, the resolution shall shall return to the complainant, any com- the views, findings, conclusions, or rec- control. plaint submitted within the 60 days prior to ommendations of the Committee or sub- Rule 15. Committee Authority to Investigate— an election in which the subject of the com- committee in connection with any of its ac- General Policy plaint is a candidate. tivities or proceedings; or (iv) any other in- (i) The Committee shall not consider a Pursuant to clause 3(b)(2) of Rule XI of the complaint, nor shall any investigation be un- formation or allegation respecting the con- Rules of the House of Representatives, the duct of a Member, officer, or employee. dertaken by the Committee, of any alleged Committee may exercise its investigative violation which occurred before the third (c) The Committee shall not disclose to authority when— any person or organization outside the Com- previous Congress unless the Committee de- (a) information offered as a complaint by a termines that the alleged violation is di- mittee any information concerning the con- Member of the House of Representatives is duct of a respondent until it has transmitted rectly related to an alleged violation which transmitted directly to the Committee; occurred in a more recent Congress. a Statement of Alleged Violation to such re- (b) information offered as a complaint by spondent and the respondent has been given an individual not a Member of the House is Rule 17. Duties of Committee Chairman and full opportunity to respond pursuant to Rule transmitted to the Committee, provided that Ranking Minority Member 23. The Statement of Alleged Violation and a Member of the House certifies in writing (a) Unless otherwise determined by a vote any written response thereto shall be made that he or she believes the information is of the Committee, only the Chairman or public at the first meeting or hearing on the submitted in good faith and warrants the re- Ranking Minority Member, after consulta- matter that is open to the public after such view and consideration of the Committee; tion with each other, may make public state- opportunity has been provided. Any other (c) the Committee, on its own initiative, ments regarding matters before the Com- materials in the possession of the Committee establishes an investigative subcommittee; mittee or any subcommittee. regarding such statement may be made pub- (d) a Member, officer, or employee is con- (b) Whenever information offered as a com- lic as authorized by the Committee to the victed in a Federal, State, or local court of plaint is submitted to the Committee, the extent consistent with the Rules of the a felony; or Chairman and Ranking Minority Member House of Representatives. (e) the House of Representatives, by resolu- shall have 14 calendar days or 5 legislative (d) If no public hearing or meeting is held tion, authorizes or directs the Committee to days, whichever occurs first, to determine on the matter, the Statement of Alleged Vio- undertake an inquiry or investigation. whether the information meets the require- ments of the Committee’s rules for what con- lation and any written response thereto shall Rule 16. Complaints be included in the Committee’s final report stitutes a complaint. on the matter to the House of Representa- (a) A complaint submitted to the Com- (c) Whenever the Chairman and Ranking tives. mittee shall be in writing, dated, and prop- Minority Member jointly determine that in- (e) All communications and all pleadings erly verified (a document will be considered formation submitted to the Committee pursuant to these rules shall be filed with properly verified where a notary executes it meets the requirements of the Committee’s the Committee at the Committee’s office or with the language, ‘‘Signed and sworn to (or rules for what constitutes a complaint, they such other place as designated by the Com- affirmed) before me on (date) by (the name of shall have 45 calendar days or 5 legislative mittee. the person)’’ setting forth in simple, concise, days, whichever is later, after the date that (f) All records of the Committee which and direct statements— the Chairman and Ranking Minority Member have been delivered to the Archivist of the (1) the name and legal address of the party determine that information filed meets the United States shall be made available to the filing the complaint (hereinafter referred to requirements of the Committee’s rules for public in accordance with Rule VII of the as the ‘‘complainant’’); what constitutes a complaint, unless the Rules of the House of Representatives. (2) the name and position or title of the re- Committee by an affirmative vote of a ma- spondent; jority of its members votes otherwise, to— Rule 13. Broadcasts of Committee and (3) the nature of the alleged violation of (1) recommend to the Committee that it Subcommittee Proceedings the Code of Official Conduct or of other law, dispose of the complaint, or any portion (a) Television or radio coverage of a Com- rule, regulation, or other standard of con- thereof, in any manner that does not require mittee or subcommittee hearing or meeting duct applicable to the performance of duties action by the House, which may include dis- shall be without commercial sponsorship. or discharge of responsibilities; and missal of the complaint or resolution of the (b) No witness shall be required against his (4) the facts alleged to give rise to the vio- complaint by a letter to the Member, officer, or her will to be photographed or otherwise lation. The complaint shall not contain in- or employee of the House against whom the to have a graphic reproduction of his or her nuendo, speculative assertions, or conclusory complaint is made; image made at any hearing or to give evi- statements. (2) establish an investigative sub- dence or testimony while the broadcasting of (b) Any documents in the possession of the committee; or that hearing, by radio or television, is being complainant that relate to the allegations (3) request that the Committee extend the conducted. At the request of any witness, all may be submitted with the complaint. applicable 45-calendar day period when they media microphones shall be turned off, all (c) Information offered as a complaint by a determine more time is necessary in order to television and camera lenses shall be cov- Member of the House of Representatives may make a recommendation under paragraph ered, and the making of a graphic reproduc- be transmitted directly to the Committee. (1). May 18, 1999 CONGRESSIONAL RECORD — HOUSE H3237 (d) The Chairman and Ranking Minority Such objection shall be in writing and shall and a subpoena shall be issued upon the re- Member may jointly gather additional infor- be on the grounds that the subcommittee quest of the investigative subcommittee. mation concerning alleged conduct which is member cannot render an impartial and un- (6) The subcommittee shall require that the basis of a complaint or of information of- biased decision. The subcommittee member testimony be given under oath or affirma- fered as a complaint until they have estab- against whom the objection is made shall be tion. The form of the oath or affirmation lished an investigative subcommittee or the the sole judge of his or her disqualification. shall be: ‘‘Do you solemnly swear (or affirm) Chairman or Ranking Minority Member has Rule 19. Committee-Initiated Inquiry that the testimony you will give before this placed on the agenda the issue of whether to subcommittee in the matter now under con- (a) Notwithstanding the absence of a filed sideration will be the truth, the whole truth, establish an investigative subcommittee. complaint, the Committee may consider any (e) If the Chairman and Ranking Minority and nothing but the truth (so help you information in its possession indicating that God)?’’ The oath or affirmation shall be ad- Member jointly determine that information a Member, officer, or employee may have submitted to the Committee meets the re- ministered by the Chairman or sub- committed a violation of the Code of Official committee member designated by the Chair- quirements of the Committee rules for what Conduct or any law, rule, regulation, or constitutes a complaint, and the complaint man to administer oaths. other standard of conduct applicable to the (b) During the inquiry, the procedure re- is not disposed of within 45 calendar days or conduct of such Member, officer, or em- specting the admissibility of evidence and 5 legislative days, whichever is later, and no ployee in the performance of his or her du- rulings shall be as follows: additional 45-day extension is made, then ties or the discharge of his or her respon- (1) Any relevant evidence shall be admis- they shall establish an investigative sub- sibilities. The Chairman and Ranking Minor- sible unless the evidence is privileged under committee and forward the complaint, or ity Member may jointly gather additional the precedents of the House of Representa- any portion thereof, to that subcommittee information concerning such an alleged vio- tive. for its consideration. If at any time during lation by a Member, officer, or employee un- (2) The Chairman of the subcommittee or the time period either the Chairman or less and until an investigative subcommittee other presiding member at any investigative Ranking Minority Member places on the has been established. subcommittee proceeding shall rule upon agenda the issue of whether to establish an (b) If the Committee votes to establish an any question of admissibility or pertinency investigative subcommittee, then an inves- investigative subcommittee, the Committee of evidence, motion, procedure or any other tigative subcommittee may be established shall proceed in accordance with Rule 20. matter, and may direct any witness to an- only by an affirmative vote of a majority of (c) Any written request by a Member, offi- swer any question under penalty of con- the members of the Committee. cer, or employee of the House of Representa- tempt. A witness, witness’s counsel, or a (f) Whenever the Chairman and Ranking tives that the Committee conduct an inquiry member of the subcommittee may appeal Minority Member jointly determine that in- into such person’s own conduct shall be proc- any evidentiary rulings to the members formation submitted to the Committee does essed in accordance with subsection (a) of present at that proceeding. The majority not meet the requirements for what con- this Rule. vote of the members present at such pro- stitutes a complaint set forth in the Com- (d) An inquiry shall not be undertaken re- ceeding on such appeal shall govern the ques- mittee rules, they may (1) return the infor- garding any alleged violation that occurred tion of admissibility, and no appeal shall lie mation to the complainant with a statement before the third previous Congress unless a to the Committee. (3) Whenever a person is determined by a that it fails to meet the requirements for majority of the Committee determines that majority vote to be in contempt of the sub- what constitutes a complaint set forth in the the alleged violation is directly related to an committee, the matter may be referred to Committee’s rules; or (2) recommend to the alleged violation that occurred in a more re- the Committee to determine whether to refer Committee that it authorize the establish- cent Congress. the matter to the House of Representatives ment of an investigative subcommittee. (e) An inquiry shall be undertaken by an for consideration. Rule 18. Processing of Complaints investigative subcommittee with regard to (4) Committee counsel may, subject to sub- (a) If a complaint is in compliance with any felony conviction of a Member, officer, committee approval, enter into stipulations House and Committee Rules, a copy of the or employee of the House of Representatives with the respondent and/or the respondent’s complaint and the Committee Rules shall be in a Federal, state, or local court. Notwith- counsel as to facts that are not in dispute. forwarded to the respondent within five days standing this provision, an inquiry may be (c) Upon an affirmative vote of a majority with notice that the complaint conforms to initiated at any time prior to sentencing. of the subcommittee members, and an af- the applicable rules and will be placed on the Rule 20. Investigative Subcommittee firmative vote of a majority of the full Com- Committee’s agenda. (a) In an inquiry undertaken by an inves- mittee, an investigative subcommittee may (b) The respondent may, within 30 days of tigative subcommittee— expand the scope of its investigation. the Committee’s notification, provide to the (1) All proceedings, including the taking of (d) Upon completion of the investigation, Committee any information relevant to a testimony, shall be conducted in executive the staff shall draft for the investigative sub- complaint filed with the Committee. The re- session and all testimony taken by deposi- committee a report that shall contain a com- spondent may submit a written statement in tion or things produced pursuant to sub- prehensive summary of the information re- response to the complaint. Such a statement poena or otherwise shall be deemed to have ceived regarding the alleged violations. (e) Upon completion of the inquiry, an in- shall be signed by the respondent. If the been taken or produced in executive session. vestigative subcommittee, by a majority statement is prepared by counsel for the re- (2) The Chairman of the investigative sub- vote of its members, may adopt a Statement spondent, the respondent shall sign a rep- committee shall ask the respondent and all of Alleged Violation if it determines that resentation that he/she has reviewed the re- witnesses whether they intend to be rep- there is substantial reason to believe that a sponse and agrees with the factual assertions resented by counsel. If so, the respondent or violation of the Code of Official Conduct, or contained therein. witnesses or their legal representatives shall of a law, rule, regulation, or other standard (c) The Committee staff may request infor- provide written designation of counsel. A re- of conduct applicable to the performance of mation from the respondent or obtain addi- spondent or witness who is represented by official duties or the discharge of official re- tional information pertinent to the case counsel shall not be questioned in the ab- sponsibilities by a Member, officer, or em- from other sources prior to the establish- sence of counsel unless an explicit waiver is ployee of the House of Representatives has ment of an investigative subcommittee only obtained. occurred. If more than one violation is al- when so directed by the Chairman and Rank- (3) The subcommittee shall provide the re- leged, such Statement shall be divided into ing Minority Member. spondent an opportunity to present, orally separate counts. Each count shall relate to a (d) At the first meeting of the Committee or in writing, a statement, which must be separate violation, shall contain a plain and following the procedures or actions specified under oath or affirmation, regarding the al- concise statement of the alleged facts of in clauses (a) and (b), the Committee shall legations and any other relevant questions such violation, and shall include a reference consider the complaint. arising out of the inquiry. to the provision of the Code of Official Con- (e) The Committee, by a majority vote of (4) The staff may interview witnesses, ex- duct or law, rule, regulation or other appli- its members, may create an investigative amine documents and other evidence, and re- cable standard of conduct governing the per- subcommittee. If an investigative sub- quest that submitted statements be under formance of duties or discharge of respon- committee is established, the Chairman and oath or affirmation and that documents be sibilities alleged to have been violated. A Ranking Minority Member shall designate certified as to their authenticity and accu- copy of such Statement shall be transmitted four members to serve as an investigative racy. to the respondent and the respondent’s coun- subcommittee in accordance with Rule 20. (5) The subcommittee, by a majority vote sel. (f) The respondent shall be notified in writ- of its members, may require, by subpoena or (f) If the investigative subcommittee does ing regarding the Committee’s decision ei- otherwise, the attendance and testimony of not adopt a Statement of Alleged Violation, ther to dismiss the complaint or to create an witnesses and the production of such books, it shall transmit to the Committee a report investigative subcommittee. records, correspondence, memoranda, papers, containing a summary of the information re- (g) The respondent shall be notified of the documents, and other items as it deems nec- ceived in the inquiry, its conclusions and membership of the investigative sub- essary to the conduct of the inquiry. Unless reasons therefor, and any appropriate rec- committee and shall have ten days after the Committee otherwise provides, the sub- ommendation. The Committee shall trans- such notice is transmitted to object to the poena power shall rest in the Chairman and mit such report to the House of Representa- participation of any subcommittee member. Ranking Minority Member of the Committee tives. H3238 CONGRESSIONAL RECORD — HOUSE May 18, 1999 Rule 21. Amendments of Statements of Alleged (b) The respondent may file a Motion for a the member cannot render an impartial and Violation Bill of Particulars within 10 days of the date unbiased decision. The member against (a) An investigative subcommittee may, of transmittal of the Statement of Alleged whom the objection is made shall be the sole upon an affirmative vote of a majority of its Violation. If a Motion for a Bill of Particu- judge of his or her disqualification. members, amend its Statement of Alleged lars is filed, the respondent shall not be re- (b) A majority of the adjudicatory sub- Violation anytime before the Statement of quired to file an answer until 20 days after committee membership plus one must be Alleged Violation is transmitted to the Com- the subcommittee has replied to such mo- present at all times for the conduct of any mittee; and tion. business pursuant to this rule. (b) If an investigative subcommittee (c)(1) The respondent may file a Motion to (c) The adjudicatory subcommittee shall amends its Statement of Alleged Violation, Dismiss within 10 days of the date of trans- hold a hearing to determine whether any the respondent shall be notified in writing mittal of the Statement of Alleged Violation counts in the Statement of Alleged Violation and shall have 30 calendar days from the or, if a Motion for a Bill of Particulars has have been proved by clear and convincing date of that notification to file an answer to been filed, within 10 days of the date of the evidence and shall make findings of fact, ex- the amended Statement of Alleged Viola- subcommittee’s reply to the Motion for a cept where such violations have been admit- tion. Bill of Particulars. If a Motion to Dismiss is ted by respondent. filed, the respondent shall not be required to (d) At an adjudicatory hearing, the sub- Rule 22. Committee Reporting Requirements file an answer until 20 days after the sub- committee may require, by subpoena or oth- (a) Whenever an investigative sub- committee has replied to the Motion to Dis- erwise, the attendance and testimony of such committee does not adopt a Statement of Al- miss, unless the respondent previously filed witnesses and production of such books, leged Violation and transmit a report to that a Motion for a Bill of Particulars, in which records, correspondence, memoranda, papers, effect to the Committee, the Committee may case the respondent shall not be required to documents, and other items as it deems nec- by an affirmative vote of a majority of its file an answer until 10 days after the sub- essary. Depositions, interrogatories, and members transmit such report to the House committee has replied to the Motion to Dis- sworn statements taken under any investiga- of Representatives; miss. The investigative subcommittee shall tive subcommittee direction may be accept- (b) Whenever an investigative sub- rule upon any motion to dismiss filed during ed into the hearing record. committee adopts a Statement of Alleged the period between the establishment of the (e) The procedures set forth in clause 2(g) Violation but recommends that no further subcommittee and the subcommittee’s trans- and (k) of Rule XI of the Rules of the House action be taken, it shall transmit a report to mittal of a report to the Committee pursu- of Representatives shall apply to adjudica- the Committee regarding the Statement of ant to Rule 20 or Rule 22, and no appeal of tory hearings. All such hearings shall be Alleged Violation; and the subcommittee’s ruling shall lie to the open to the public unless the adjudicatory (c) Whenever an investigative sub- Committee. subcommittee, pursuant to such clause, de- committee adopts a Statement of Alleged (2) A Motion to Dismiss may be made on termines that the hearings or any part Violation, the respondent admits to the vio- the grounds that the Statement of Alleged thereof should be closed. lations set forth in such Statement, the re- Violation fails to state facts that constitute (f)(1) The adjudicatory subcommittee shall, spondent waives his or her right to an adju- a violation of the Code of Official Conduct or in writing, notify the respondent that the re- dicatory hearing, and the respondent’s waiv- other applicable law, rule, regulation, or spondent and his or her counsel have the er is approved by the Committee— standard of conduct, or on the grounds that right to inspect, review, copy, or photograph (1) the subcommittee shall prepare a report the Committee lacks jurisdiction to consider books, papers, documents, photographs, or for transmittal to the Committee, a final the allegations contained in the Statement. other tangible objects that the adjudicatory draft of which shall be provided to the re- (d) Any motion filed with the sub- subcommittee counsel intends to use as evi- spondent not less than 15 calendar days be- committee pursuant to this rule shall be ac- dence against the respondent in an adjudica- fore the subcommittee votes on whether to companied by a Memorandum of Points and tory hearing. The respondent shall be given adopt the report; Authorities. access to such evidence, and shall be pro- (2) the respondent may submit views in (e)(1) The Chairman of the investigative vided the names of witnesses the sub- writing regarding the final draft to the sub- subcommittee, for good cause shown, may committee counsel intends to call, and a committee within 7 calendar days of receipt permit the respondent to file an answer or summary of their expected testimony, no of that draft; motion after the day prescribed above. less than 15 calendar days prior to any such (3) the subcommittee shall transmit a re- (2) If the ability of the respondent to hearing. Except in extraordinary cir- port to the Committee regarding the State- present an adequate defense is not adversely cumstances, no evidence may be introduced ment of Alleged Violation together with any affected and special circumstances so re- or witness called in an adjudicatory hearing views submitted by the respondent pursuant quire, the Chairman of the investigative sub- unless the respondent has been afforded a to subparagraph (2), and the Committee shall committee may direct the respondent to file prior opportunity to review such evidence or make the report, together with the respond- an answer or motion prior to the day pre- has been provided the name of the witness. ent’s views, available to the public before scribed above. (2) After a witness has testified on direct the commencement of any sanction hearing; (f) If the day on which any answer, motion, examination at an adjudicatory hearing, the and reply, or other pleading must be filed falls on Committee, at the request of the respondent, (4) the Committee shall by an affirmative a Saturday, Sunday, or holiday, such filing shall make available to the respondent any vote of a majority of its members issue a re- shall be made on the first business day there- statement of the witness in the possession of port and transmit such report to the House after. the Committee which relates to the subject of Representatives, together with the re- (g) As soon as practicable after an answer matter as to which the witness has testified. spondent’s views previously submitted pur- has been filed or the time for such filing has (3) Any other testimony, statement, or suant to subparagraph (2) and any additional expired, the Statement of Alleged Violation documentary evidence in the possession of views respondent may submit for attach- and any answer, motion, reply, or other the Committee which is material to the re- ment to the final report; and pleading connected therewith shall be trans- spondent’s defense shall, upon request, be (d) Members of the Committee shall have mitted by the Chairman of the investigative made available to the respondent. not less than 72 hours to review any report subcommittee to the Chairman and Ranking (g) No less than five days prior to the hear- transmitted to the Committee by an inves- Minority Member of the Committee. ing, the respondent or counsel shall provide the adjudicatory subcommittee with the tigative subcommittee before both the com- Rule 24. Adjudicatory Hearings mencement of a sanction hearing and the names of witnesses expected to be called, (a) If a Statement of Alleged Violation is Committee vote on whether to adopt the re- summaries of their expected testimony, and transmitted to the Chairman and Ranking port. copies of any documents or other evidence Minority Member pursuant to Rule 23, and proposed to be introduced. Rule 23. Respondent’s Answer no waiver pursuant to Rule 27(b) has oc- (h) The respondent or counsel may apply to (a)(1) Within 30 days from the date of curred, the Chairman shall designate the the subcommittee for the issuance of sub- transmittal of Statement of Alleged Viola- members of the Committee who did not serve poenas for the appearance of witnesses or the tion, the respondent shall file with the inves- on the investigative subcommittee to serve production of evidence. The application shall tigative subcommittee an answer, in writing on an adjudicatory subcommittee. The be granted upon a showing by the respondent and under oath, signed by respondent and re- Chairman and Ranking Minority Member of that the proposed testimony or evidence is spondent’s counsel. Failure to file an answer the Committee shall be the Chairman and relevant and not otherwise available to re- within the time prescribed shall be consid- Ranking Minority Member of the adjudica- spondent. The application may be denied if ered by the Committee as a denial of each tory subcommittee unless they served on the not made at a reasonable time or if the testi- count. investigative subcommittee. The respondent mony or evidence would be merely cumu- (2) The answer shall contain an admission shall be notified of the designation of the ad- lative. to or denial of each count set forth in the judicatory subcommittee and shall have ten (i) During the hearing, the procedures re- Statement of Alleged Violation and may in- days after such notice is transmitted to ob- garding the admissibility of evidence and clude negative, affirmative, or alternative ject to the participation of any sub- rulings shall be as follows: defenses and any supporting evidence or committee member. Such objection shall be (1) Any relevant evidence shall be admis- other relevant information. in writing and shall be on the grounds that sible unless the evidence is privileged under May 18, 1999 CONGRESSIONAL RECORD — HOUSE H3239 the precedents of the House of Representa- tablish the facts alleged in the Statement of (g) With respect to the sanctions that the tives. Alleged Violation by clear and convincing Committee may recommend, reprimand is (2) The Chairman of the subcommittee or evidence. However, Committee counsel need appropriate for serious violations, censure is other presiding member at an adjudicatory not present any evidence regarding any appropriate for more serious violations, and subcommittee hearing shall rule upon any count that is admitted by the respondent or expulsion of a Member or dismissal of an of- question of admissibility or pertinency of any fact stipulated. ficer or employee is appropriate for the most evidence, motion, procedure, or any other (o) As soon as practicable after all testi- serious violations. A recommendation of a matter, and may direct any witness to an- mony and evidence have been presented, the fine is appropriate in a case in which it is swer any question under penalty of con- subcommittee shall consider each count con- likely that the violation was committed to tempt. A witness, witness’ counsel, or a tained in the Statement of Alleged Violation secure a personal financial benefit; and a member of the subcommittee may appeal and shall determine by a majority vote of its recommendation of a denial or limitation of any evidentiary ruling to the members members whether each count has been a right, power, privilege, or immunity of a present at that proceeding. The majority proved. If a majority of the subcommittee Member is appropriate when the violation vote of the members present at such pro- does not vote that a count has been proved, bears upon the exercise or holding of such ceeding on such an appeal shall govern the a motion to reconsider that vote may be right, power, privilege, or immunity. This question of admissibility and no appeal shall made only by a member who voted that the clause sets forth general guidelines and does lie to the Committee. count was not proved. A count that is not not limit the authority of the Committee to (3) Whenever a witness is deemed by a proved shall be considered as dismissed by recommend other sanctions. Chairman or other presiding member to be in the subcommittee. (h) The Committee report shall contain an contempt of the subcommittee, the matter (p) The findings of the adjudicatory sub- appropriate statement of the evidence sup- may be referred to the Committee to deter- committee shall be reported to the Com- porting the Committee’s findings and a mine whether to refer the matter of the mittee. statement of the Committee’s reasons for House of Representatives for consideration. Rule 25. Sanction Hearing and Consideration of the recommended sanction. (4) Committee counsel may, subject to the Sanctions or Other Recommendations Rule 26. Disclosure of Exculpatory Information subcommittee approval, enter into stipula- to Respondent tions with the respondent and/or the re- (a) If no count in a Statement of Alleged spondent’s counsel as to facts that are not in Violation is proved, the Committee shall If the Committee, or any investigative or dispute. prepare a report to the House of Representa- adjudicatory subcommittee at any time re- (j) Unless otherwise provided, the order of tives, based upon the report of the adjudica- ceives any exculpatory information respect- an adjudicatory hearing shall be as follows: tory subcommittee. ing a Complaint or Statement of Alleged (1) The Chairman of the subcommittee (b) If an adjudicatory subcommittee com- Violation concerning a Member, officer, or shall open the hearing by stating the adju- pletes an adjudicatory hearing pursuant to employee of the House of Representatives, it dicatory subcommittee’s authority to con- Rule 24 and reports that any count of the shall make such information known and duct the hearing and the purpose of the hear- Statement of Alleged Violation has been available to the Member, officer, or em- ing. proved, a hearing before the Committee shall ployee as soon as practicable, but in no event (2) The Chairman shall then recognize be held to receive oral and/or written sub- later than the transmittal of evidence sup- Committee counsel and the respondent’s missions by counsel for the Committee and porting a proposed Statement of Alleged Vio- counsel, in turn, for the purpose of giving counsel for the respondent as to the sanction lation pursuant to Rule 27(c). If an investiga- opening statements. the Committee should recommend to the tive subcommittee does not adopt a State- (3) Testimony from witnesses and other House of Representatives with respect to ment of Alleged Violation, it shall identify pertinent evidence shall be received in the such violations. Testimony by witnesses any exculpatory information in its posses- following order whenever possible: shall not be heard except by written request sion at the conclusion of its inquiry and (i) witnesses (deposition transcripts and af- and vote of a majority of the Committee. shall include such information, if any, in the fidavits obtained during the inquiry may be (c) Upon completion of any proceeding held subcommittee’s final report to the Com- used in lieu of live witnesses if the witness is pursuant to clause (b), the Committee shall mittee regarding its inquiry. For purposes of unavailable) and other evidence offered by consider and vote on a motion to recommend this rule, exculpatory evidence shall be any the Committee counsel, to the House of Representatives that the evidence or information that is substantially (ii) witnesses and other evidence offered by House take disciplinary action. If a majority favorable to the respondent with respect to the respondent, of the Committee does not vote in favor of the allegations or charges before an inves- (iii) rebuttal witnesses, as permitted by the recommendation that the House of Rep- tigative or adjudicatory subcommittee. resentatives take action, a motion to recon- the Chairman. Rule 27. Rights of Respondents and Witnesses (4) Witnesses at a hearing shall be exam- sider that vote may be made only by a mem- ined first by counsel calling such witness. ber who voted against the recommendation. (a) A respondent shall be informed of the The opposing counsel may then cross-exam- The Committee may also, by majority vote, right to be represented by counsel, to be pro- ine the witness. Redirect examination and adopt a motion to issue a Letter of Reproval vided at his or her own expense. recross examination may be permitted to the or take other appropriate Committee action. (b) A respondent may seek to waive any Chairman’s discretion. Subcommittee mem- (d) If the Committee determines a Letter procedural rights or steps in the disciplinary bers may then question witnesses. Unless of Reproval constitutes sufficient action, the process. A request for waiver must be in otherwise directed by the Chairman, such Committee shall include any such letter as a writing, signed by the respondent, and must questions shall be conducted under the five- part of its report to the House of Representa- detail what procedural steps the respondent minute rule. tives. seeks to waive. Any such request shall be (k) A subpoena to a witness to appear at a (e) With respect to any proved counts subject to the acceptance of the Committee hearing shall be served sufficiently in ad- against a Member of the House of Represent- or subcommittee, as appropriate. vance of that witness’ scheduled appearance atives, the Committee may recommend to (c) Not less than 10 calendar days before a to allow the witness a reasonable period of the House one or more of the following sanc- scheduled vote by an investigative sub- time, as determined by the Chairman of the tions: committee on a Statement of Alleged Viola- adjudicatory subcommittee, to prepare for (1) Expulsion from the House of Represent- tion, the subcommittee shall provide the re- the hearing and to employ counsel. atives. spondent with a copy of the Statement of Al- (l) Each witness appearing before the sub- (2) Censure. leged Violation it intends to adopt together committee shall be furnished a printed copy (3) Reprimand. with all evidence it intends to use to prove of the Committee rules, the pertinent provi- (4) Fine. those charges which it intends to adopt, in- sions of the Rules of the House of Represent- (5) Denial or limitation of any right, cluding documentary evidence, witness testi- atives applicable to the rights of witnesses, power, privilege, or immunity of the Member mony, memoranda of witness interviews, and and a copy of the Statement of Alleged Vio- if under the Constitution the House of Rep- physical evidence, unless the subcommittee lation. resentatives may impose such denial or limi- by an affirmative vote of a majority of its (m) Testimony of all witnesses shall be tation. members decides to withhold certain evi- taken under oath or affirmation. The form of (6) Any other sanction determined by the dence in order to protect a witness, but if the oath or affirmation shall be: ‘‘Do you Committee to be appropriate. such evidence is withheld, the subcommittee solemnly swear (or affirm) that the testi- (f) With respect to any proved counts shall inform the respondent that evidence is mony you will give before this subcommittee against an officer or employee of the House being withheld and of the count to which in the matter now under consideration will of Representatives, the Committee may rec- such evidence relates. be the truth, the whole truth, and nothing ommend to the House one or more of the fol- (d) Neither the respondent nor his counsel but the truth (so help you God)?’’ The oath lowing sanctions: shall, directly or indirectly, contact the sub- or affirmation shall be administered by the (1) Dismissal from employment. committee or any member thereof during Chairman or Committee member designated (2) Reprimand. the period of time set forth in paragraph (c) by the Chairman to administer oaths. (3) Fine. except for the sole purpose of settlement dis- (n) At an adjudicatory hearing, the burden (4) Any other sanction determined by the cussions where counsels for the respondent of proof rests on Committee counsel to es- Committee to be appropriate. and the subcommittee are present. H3240 CONGRESSIONAL RECORD — HOUSE May 18, 1999 (e) If, at any time after the issuance of a Chairman may punish breaches of order and bers may have 5 legislative days within Statement of Alleged Violation, the Com- decorum, and of professional responsibility which to revise and extend their re- mittee or any subcommittee thereof deter- on the part of counsel, by censure and exclu- marks on the conference report to ac- mines that it intends to use evidence not sion from the hearings; and the Committee company H.R. 1141, and that I may in- provided to a respondent under paragraph (c) may cite the offender to the House of Rep- to prove the charges contained in the State- resentatives for contempt. clude tabular and extraneous material. ment of Alleged Violation (or any amend- (o) Each witness subpoenaed to provide tes- The SPEAKER pro tempore. Is there ment thereof), such evidence shall be made timony of other evidence shall be provided objection to the request of the gen- immediately available to the respondent, such travel expenses as the Chairman con- tleman from Florida? and it may be used in any further proceeding siders appropriate. No compensation shall be There was no objection. authorized for attorney’s fees or for a wit- under the Committee’s rules. b (f) Evidence provided pursuant to para- ness’ lost earnings. 1845 graph (c) or (e) shall be made available to (p) With the approval of the Committee, a Mr. YOUNG of Florida. Mr. Speaker, witness, upon request, may be provided with the respondent and his or her counsel only I yield myself such time as I may con- after each agrees, in writing, that no docu- a transcript of his or her deposition or other testimony taken in executive session, or, sume. ment, information, or other materials ob- Mr. Speaker, I appreciate the excit- tained pursuant to that paragraph shall be with the approval of the Chairman and made public until— Ranking Minority Member, may be per- ing debate that took place as we con- (1) such time as a Statement of Alleged mitted to examine such transcript in the of- sidered the rule. During that exciting Violation is made public by the Committee if fice of the Committee. Any such request debate, one comment struck me that I the respondent has waived the adjudicatory shall be in writing and shall include a state- thought I really should comment on. It hearing; or ment that the witness, and counsel, agree to was the comment about having made (2) the commencement of an adjudicatory maintain the confidentiality of all executive session proceedings covered by such tran- these decisions in the dark of the hearing if the respondent has not waived an night. adjudicatory hearing; but the failure of re- script. spondent and his counsel to so agree in writ- Rule 28. Frivolous Filings Yes, Mr. Speaker, we did work in the ing, and therefore not receive the evidence, If a complaint or information offered as a dark of the night, because we worked shall not preclude the issuance of a State- complaint is deemed frivolous by an affirma- for 3 full days and 3 long nights, one ment of Alleged Violation at the end of the tive vote of a majority of the members of the night going to as late as 1:30 in the period referenced to in (c). Committee, the Committee may take such morning, and the final night we went (g) A respondent shall receive written no- action as it, by an affirmative vote of its to approximately 10:30. So yes, we did, tice whenever— members, deems appropriate in the cir- we worked all day, and we worked all (1) the Chairman and Ranking Minority cumstances. Member determine that information the night to resolve the many differences Rule 29. Referrals to Federal or State that existed between the House and Committee has received constitutes a com- Authorities Senate. plaint; Referrals made under clause 3(a)(3) of Rule (2) a complaint or allegation is trans- XI of the Rules of the House of Representa- But in the conference room, it was mitted to an investigative subcommittee; tives may be made by an affirmative vote of very bright. It was very bright because (3) that subcommittee votes to authorize two-thirds of the members of the Committee. the television cameras were in that its first subpoena or to take testimony under f room to record every word that was oath, whichever occurs first; and (4) the Committee votes to expand the said in a live telecast. So the truth of REMOVAL OF NAME OF MEMBER the matter is, while it might have been scope of the inquiry of an investigative sub- AS COSPONSOR OF H.R. 692 committee. dark on the clock, anybody that want- (h) Whenever an investigative sub- Mr. TANCREDO. Mr. Speaker, I ask ed to watch the television was able to committee adopts a Statement of Alleged unanimous consent to remove the see everything said and done. That was Violation and a respondent enters into an name of the gentleman from Wisconsin a first, the first time we had done that, agreement with that subcommittee to settle (Mr. GREEN) from the list of cosponsors when we did the conference committee a complaint on which the Statement is for my bill, H.R. 692. The gentleman in front of live TV. based, that agreement, unless the respondent from Wisconsin’s name was placed on requests otherwise, shall be in writing and I want to pay a special tribute to the list in error. every one of the conferees on the House signed by the respondent and the respond- The SPEAKER pro tempore. Is there ent’s counsel, the Chairman and Ranking Mi- side. We had some differences, Mr. nority Member of the subcommittee, and the objection to the request of the gen- Speaker, but we worked them out as outside counsel, if any. tleman from Colorado? Members of Congress in a very logical (i) Statements or information derived sole- There was no objection. and very respectful way. ly from a respondent or his counsel during f I want to especially compliment the any settlement discussions between the gentleman from Wisconsin (Mr. OBEY), Committee or a subcommittee thereof and CONFERENCE REPORT ON H.R. 1141, the respondent shall not be included in any 1999 EMERGENCY SUPPLE- the leader of the minority party in the report of the subcommittee or the Com- MENTAL APPROPRIATIONS ACT conference. Again, we had differences, mittee or otherwise publicly disclosed with- Mr. YOUNG of Florida. Mr. Speaker, but the gentleman from Wisconsin (Mr. out the consent of the respondent; pursuant to House Resolution 173, I OBEY) helped to make this procedure (j) Whenever a motion to establish an in- work. He believes in the institution, as vestigative subcommittee does not prevail, call up the conference report on the bill (H.R. 1141) making emergency sup- do I, and as do most of our Members in the Committee shall promptly send a letter this House. to the respondent informing him of such plemental appropriations for the fiscal vote. year ending September 30, 1999, and for We did come up with a conference re- (k) Witnesses shall be afforded a reason- other purposes. port that I would be willing to stand able period of time, as determined by the The Clerk read the title of the bill. here and make a speech against, just Committee or subcommittee, to prepare for The SPEAKER pro tempore. Pursu- like other Members have done during an appearance before an investigative sub- ant to House Resolution 173, the con- consideration of the rule, because there committee or for an adjudicatory hearing ference report is considered as having are things in this bill that I did not and to obtain counsel. been read. want to be here. (l) Except as otherwise specifically author- But when we go to conference, for ized by the Committee, no Committee mem- (For conference report and state- ber or staff member shall disclose to any per- ment, see proceedings of the House of any Member who has ever gone to con- son outside the Committee the name of any May 14, 1999 at page H3175.) ference with the Senate, we understand witness subpoenaed to testify or to produce The SPEAKER pro tempore. The gen- that there is give and take. We got ba- evidence. tleman from Florida (Mr. YOUNG) and sically what the House asked for in the (m) Prior to their testimony, witness shall the gentleman from Wisconsin (Mr. two supplementals that we sent to con- be furnished a printed copy of the Commit- OBEY) each will control 30 minutes. ference. The Senate added a lot of rid- tee’s Rules of Procedure and the provisions The Chair recognizes the gentleman ers. We took off most of those riders, of the Rules of the House of Representatives from Florida (Mr. YOUNG). applicable to the rights of witnesses. and the ones that were left, we watered (n) Witnesses may be accompanied by their GENERAL LEAVE down. They are not nearly as bad as own counsel for the purpose of advising them Mr. YOUNG of Florida. Mr. Speaker, some of the speakers would have us be- concerning their constitutional rights. The I ask unanimous consent that all Mem- lieve they are. May 18, 1999 CONGRESSIONAL RECORD — HOUSE H3241 Mr. Speaker, we need to emphasize asked for $152 million for agricultural settlement of displace Kosovo Albanians. what is good about this bill. The ques- emergencies in our own country. We Major reductions to the House passed tion was raised, how did we get to this not only did what the President asked versions include $1.044 billion for defense and number of $15 billion of spending. We for but we increased it by $422 million, $596 million for military construction. got to this number, Mr. Speaker, be- at the request of those who have re- While the House passed versions included cause we added two supplementals to- sponsibility for agriculture programs offsets of $1.121 billion, the conference agree- gether. Together, those two in this Congress. ment includes offsets of $1.995 billion. This supplementals, as they passed the After we passed the bills in the House means the level of net spending in this con- House with overwhelming numbers, and went to conference, there was a ference agreement is $17 million less than the were over $14 billion. terrible tragedy in Oklahoma. We House passed bills. The truth of the matter is, we did added additional money to FEMA to There has been some concern about the add some additional money to this bill take care of tragedies like in Okla- Food Stamp and Section 8 Assisted Housing in conference. However, some of those homa and other tragedies in the United offsets. While significant amounts are being items that were added that were non- States of America. taken from these accounts there will not be emergency, that came from the other Mr. Speaker, we have a good bill any impact on these programs for the remain- body, and were offset. They were not here. It is not a clean as the bills that der of this fiscal year. The funds are excess new money. They were not emergency were passed in the House originally, to projected needs. I would hope we would not money. They are offset. but we had to go to conference. We had make judgments on offsets on the importance What does this bill do? Whether we to deal with the other body. So the bill of individual accounts, but rather on whether declared a war or not, whether Mem- is not as clean as we would like, but it the funds are needed. This is a critical distinc- bers approve of what is happening in is a good bill. It deserves our support. tion. The Administration supports these off- the Balkans or not, the truth of the It addresses the real emergencies that sets. matter is that American forces are exist today that Americans have a As I stated earlier, the house passed fighting a war in and over Kosovo and great interest in. versions of these bills were clean. The Senate Serbia, and that war is very expensive. As I said, those items that are not version included many riders. We were able to The President has asked us to provide emergencies are offset. I will say that delete many of these, especially the most con- money not only to replace the muni- again: Those matters included in this tentious ones. tions that are being used, to replace bill that are not emergencies are off- the spare parts that are necessary to set. Mr. Speaker, the pentagon will be out of keep our airplanes flying, but the truth Mr. Speaker, the House passed this bill and money in some critical accounts by the end of of the matter is it is a great expense to the Kosovo bill in clean forms that included May. In addition to solving this problem, this fight this war. $14.303 billion in spending including $1.855 in conference agreement will begin to restore our Mr. Speaker, our forces are stretched advance appropriations. The conference report Nation's defenses. It addresses all known very thin in order to fight this war. that we have brought back has $15.144 billion needs in the areas of natural disasters, agri- This bill provides a lot of the money in spending including $1.91 in advance appro- culture, defense and humanitarian assistance. that is needed to recover the wearing priations. The major increases are: $900 mil- Mr. Speaker, we started H.R. 1141 over two down of our forces, the wearing down of lion for FEMA, $422 million additional for aid months ago. We had a protracted conference our troops, the wearing down of our to American farmers, $71 for additional migra- with the Senate for over three long days and equipment. tion and refugee assistance, $70 million for late nights last week. It has been a tough bill, The first supplemental we passed was the U.S. Emergency Refugee and Migration but it is a good bill. It deserves broad support, an emergency to deal with Hurricane Assistance Fund, $149 million additional for and it needs to pass now. Mitch disaster in Central America. We food aid, $45 million for Assistance to Eastern At this point in the RECORD I would like to funded all of that at the request of the Europe and the Balkan States, $45 million for insert a table showing the details of this con- President. Also, the President had the census, and $100 million for temporary re- ference agreement. H3242 CONGRESSIONAL RECORD — HOUSE May 18, 1999 May 18, 1999 CONGRESSIONAL RECORD — HOUSE H3243 H3244 CONGRESSIONAL RECORD — HOUSE May 18, 1999 May 18, 1999 CONGRESSIONAL RECORD — HOUSE H3245 H3246 CONGRESSIONAL RECORD — HOUSE May 18, 1999 May 18, 1999 CONGRESSIONAL RECORD — HOUSE H3247 H3248 CONGRESSIONAL RECORD — HOUSE May 18, 1999 May 18, 1999 CONGRESSIONAL RECORD — HOUSE H3249 H3250 CONGRESSIONAL RECORD — HOUSE May 18, 1999 May 18, 1999 CONGRESSIONAL RECORD — HOUSE H3251 H3252 CONGRESSIONAL RECORD — HOUSE May 18, 1999 May 18, 1999 CONGRESSIONAL RECORD — HOUSE H3253 H3254 CONGRESSIONAL RECORD — HOUSE May 18, 1999 Mr. Speaker, I reserve the balance of Last year, for instance, in October, to the floor primarily for a military ac- my time. after going through a year-long cha- tion in Europe and hurricane relief in Mr. OBEY. Mr. Speaker, I yield my- rade, we wound up adding $22 billion to Central America. There were no hear- self 10 minutes. spending above the amounts allowed in ings or the normal opportunities to de- (Mr. OBEY asked and was given per- the budget resolution, and now this bill bate this issue. The Committee on mission to revise and extend his re- adds more than $14 billion to that. Commerce that has jurisdiction over marks.) That means that we have a total of $37 this entitlement spending was not even Mr. OBEY. Mr. Speaker, first of all, I billion that will be spent in this fiscal involved in the decision. do want to compliment my friend, the year above the level that would be al- In addition, as the gentleman from gentleman from Florida, the distin- lowed by those so-called budget caps. Florida (Mr. DEUTSCH) has pointed out, guished chairman of the committee. I Example: We have $5 billion in mili- there are three anti-environmental rid- do not think much of the product that tary spending above and beyond the ers contained in this bill. One, the the committee brought forth, but I do amount needed to pursue the war in crown jewel, is a mine provision. One want to say that it was obvious to ev- Kosovo. Why do we have that? I will blocks new rules on determining the eryone in that conference that he, as tell the Members why. In conference, value of crude oil which is extracted chairman of the conference, handled it the chairman of the Committee on the from taxpayer-owned public lands. extremely well. He was absolutely, to- Budget from the other body revealed That provision costs taxpayers $75 mil- tally fair with everyone, and some- the game plan. He told the conference lion. And we also have a provision in times that took a lot of patience. I that we had to pour as many dollars as this bill which prevents the updating of think that he did the House proud and possible into this bill because it will be ancient rules on hardrock mining, the committee proud in the way he labeled an emergency and will not something which this committee in my conducted that operation. count against the spending limits, or view had no business doing, as well. Mr. Speaker, I think there is a lot else, he said, the spending caps, which Lastly, it adds, again, to the men- that is good in this bill. It is far from his own committee imposed on this dacity of the process as a sop to some the worst bill that the House has ever House just a month ago, would not of the budget hawks in this House be- produced. But I am going to vote no, work, in his words, not mine. cause it pretends to pay for some of the and I want to tell the Members why. Some of the good things in it, it fi- Members will be told that there is no costs associated with this bill, such as nally, after a considerable delay, is military pork in this bill. That is the hurricane in this hemisphere, by providing much needed help to our largely true. It is not fully true, but it cutting $1.2 billion out of food stamps. American farmers who suffered crop is largely true. But the real point is b 1900 that on the military side, this bill damage as well as collapsing prices. It The fact is those cuts save not $1, be- is finally producing action to help re- shovels a lot of regular items into a so- called emergency bill. That means that cause that money would never have cover from the horrible hemispheric been spent, even if the committee had weather that we had in Hurricane it frees up, in essence, about $5 billion worth of room for pork in the defense not touched it. So despite those cuts, Mitch. because the food stamps are required We no longer have the threats to the appropriation bill which will shortly by law to be paid at whatever level IFIs, the international financial insti- follow. That is the problem. that the demand requires, if in fact tutions, that were represented by the Secondly, and perhaps the worst and there is additional demand for that original offsets in this bill, and this bill most expensive provision in this bill, is program, the Federal Government will no longer threatens our ability to con- an amendment to the Medicaid law, have to pay out additional money. So clude a negotiation with Russia on the which is not even in the Committee on there is no saving whatsoever to be had disposal of weapons-grade plutonium, a Appropriations’ jurisdiction, which will by that offset. I think it adds further provision which unwisely was included allow State governments over the to the general disingenuousness which in the original House bill. course of the next 25 years to keep $150 It also eliminated a number of riders billion in Federal funds with no re- generally accompanies the overall that should have not been in this bill quirement whatsoever that those funds budget process. in the first place. I am pleased about be used for health. So as I said earlier, we have passed that. But there are a number of things Under existing law, the Federal Gov- worse bills. This one bothers me more in this bill still that should not be ernment pays more than half of the than most because war is being used as here. cost of State Medicaid programs. In re- an excuse to, on a number of occasions As I said in the conference, my main turn, that law requires the States to in this bill, rip off the taxpaying pub- problem with this bill is that it is a act as the principal agent for both lic. It is also being used as a vehicle by symbol of the mendacity that domi- themselves and the Federal Govern- which we will ignore the health care nates the Federal budget process. We ment in recovering overpayments and needs of millions of Americans. It adds have a two-tier system for determining collecting payments from third parties to the phoniness of the budget process budgets in the Congress. In the spring when they are liable for care that has overall. we adopt a budget resolution produced been paid for by the Medicaid system. I think we can do better; and until by the Committee on the Budget. That But this emergency bill rewrites that we do, I will vote no. I recognize that establishes overall spending levels, and longstanding provision of law. Federal there will not be very many no votes it is largely political in nature. As a re- funds that have been recovered by cast against this provision. But I think sult, in my view, those numbers are States in recent tobacco legislation in defense of the integrity of the budg- highly unrealistic, and have been for can be retained totally by States and et process, what little there is left of years. used for whatever purposes the various it, I am at least going to vote no. Then we have a second level that has Governors and legislatures deem appro- Mr. Speaker, I include the following to take over in the process, represented priate, even though those funds were article for the RECORD: by the Committee on Ways and Means recovered for health reasons, and in my [From the Washington Post, May 18, 1999] and the Committee on Appropriations. view should be used by the States if MEDICAL OUTCASTS: DOES ANYONE CARE? Those committees are then asked to they keep the money in order to deal (By David S. Broder) produce real pieces of legislation under with health problems. It is quite a trick for something to grow the guidelines set by the Committee on The Federal funds involved would be larger and at the same time become more in- the Budget. sufficient to expand health care cov- visible. But that is what’s happening to the The problem is that because the first erage to millions of Americans who are health care problem in the United States. set of numbers are not real, we are presently not under Medicaid and have The greater the number of people without then, for the remainder of the year in no form of insurance, but this con- medical insurance, the less the politicians want to talk about it—let alone deal with it. the appropriations process, forced to ference report precludes that. In 1992, when the plight of the uninsured engage in accounting tricks in order to I think it is a further outrage that became a major issue in the presidential find the votes to pass various appro- this crucial decision is being made on campaign, there were 38 million non-covered priation bills. an emergency appropriation, brought Americans below Medicare age. Five years May 18, 1999 CONGRESSIONAL RECORD — HOUSE H3255 later, according to a report released last every day. * * * Despite strong economic Mitch and our citizens in the Midwest week, the number has grown by 5 million. growth and low unemployment, employer- who were devastated by vicious tor- And the rate of increase is accelerating, from sponsored health insurance coverage has nados. an average of half a million annually in the continued to erode throughout the past dec- Mr. Speaker, we are elected to Con- first two years to an average of 1.2 million ade.’’ gress to represent our constituents, but annually in the three most recent years. When more and more Americans cannot But last week, when the National Coalition pay their own medical bills, it threatens the we are also elected to serve the Amer- on Health Care, a bipartisan group headed by quality of health care that those with insur- ican people. This legislation fulfills our former presidents Bush, Carter and Ford, put ance receive. Cost, quality and access are constitutional duties to provide for the out its latest report on ‘‘The Erosion of linked as inextricably today as they were common defense, to promote the gen- Health Insurance Coverage in the United when the Clintons took their unsuccessful eral welfare, and to secure the bless- States,’’ it barely made a ripple. Monica run at the problem six years ago. ings of liberty for the American people. Lewinsky’s appearance on ‘‘Saturday Night You’d think it would be an issue every I urge my colleagues to support it. Live’’ drew more coverage than the fact that presidential candidate would address. In- Mr. OBEY. Mr. Speaker, I yield 3 in the most recent year cited by the report, stead, what we hear is silence. The last sen- minutes to the distinguished gentle- 1.7 million Americans were added to the tence in the report is: ‘‘We continue to ig- ranks of the uninsured. nore this problem at our peril.’’ And yet, we woman from California (Ms. PELOSI), Why is this happening? The report’s au- continue to ignore it. the ranking member of the Sub- thors, Steven Findlay and Joel Miller—who Mr. Speaker, I reserve the balance of committee on Foreign Operations, Ex- had the assistance of Tulane University’s my time. port Financing and Related Programs. Kenneth Thorpe, probably the country’s Mr. YOUNG of Florida. Mr. Speaker, Ms. PELOSI. Mr. Speaker, I thank leading authority on this question—say the the gentleman from Wisconsin for I am very happy to yield such time as legions of the uninsured are rising because of yielding me this time and, as always, he may consume to the very distin- fundamental economic and demographic for his extraordinary leadership and guished gentlemen from Illinois (Mr. forces, which, by themselves, are certain to now on this bill as well. make the problem worse. The authors say HASTERT), the Speaker of the House, Mr. Speaker, I think my colleagues that ‘‘even if the rosy economic conditions who was a solid, strong leader through- prevalent since 1992 prevail for another dec- would have all been very proud of the out this entire effort. I thank him very distinguished gentleman from Florida ade, a projected 52 million to 54 million non- much for the strength that he had elderly Americans—one in five—will be unin- (Chairman YOUNG) as he chaired the sured in 2009.’’ If a recession occurs, that added to the process. conference on this bill, for this emer- number likely will jump to 61 million—one Mr. HASTERT. Mr. Speaker, I thank gency supplemental bill. He rep- in four. the gentleman from Florida for yield- resented our House with great dignity Most of the uninsured have jobs, but in- ing me this time. and great humor and great patience, creasingly, they work in small businesses or Mr. Speaker, I rise in support of this and we all commended him for that. in service sectors that either do not cover conference report, and I urge my col- employees or require them to pay so much Of course we are always proud of the leagues to support it. I want to con- gentleman from Wisconsin (Mr. OBEY) for health insurance that they cannot afford gratulate the gentleman from Florida it. The growing numbers of self-employed, and his advocacy for his point of view, part-timers and contract workers swell the (Chairman YOUNG) for his hard work on a point of view that many of us share. totals. this good piece of legislation. I also In saying the compliments that I It is a double whammy. Between 1996 and want to congratulate the other chair- have extended to the chairman, it 1998, the percentage of small firms (with men of the subcommittees that had ju- makes me all the more reluctant to fewer than 200 employees) offering health in- risdiction. rise in opposition to this bill. Certainly surance dropped from 59 percent to 54 per- I want to extend my congratulations it is about time for us to provide the cent. On average, their employees were re- to the gentleman from Wisconsin (Mr. quired to pay almost half (44 percent) of the emergency funding for the victims of OBEY), who just spoke a minute ago. He policy premiums for themselves and their the hurricanes in Central America. It families. Faced with those costs, more work- certainly has his views on this bill; but is 7 months since those hurricanes ers are declining health insurance. if it was not for his work and coopera- struck, and they exacted the worst nat- The economic changes are exacerbated by tion, we would not have the bill today, ural disaster in this century in this demographics. Minorities—who have higher so I thank him for that. hemisphere. Here we are 7 months later unemployment rates and tend to work in This has been a rough road to travel. finally coming to the floor, but, halle- lower-wage jobs—are twice as likely to be Many of the competing interests have lujah, here we are. uninsured as whites; as the minority’s per- struggled mightily to be included in It does provide assistance to our centage of the population increases, so will this legislation. As the gentleman from this problem. farmers and FEMA for the devastation Even government policy is adding to the Wisconsin just got done laying out the in our own Midwest and Oklahoma and crisis. The welfare reform bill of 1996 sup- litany of some of them, we find that Kansas. But I object to the fact that posedly provided a Medicaid cushion for most of those had come from the Sen- that emergency assistance must be off- women making the transition from welfare ate. set. to work. But, as the authors report, ‘‘there So we worked hard to make sure that This is an emergency supplemental are strong early signs that many former wel- we could provide a bill that was fo- bill. Of its nature, it does not need to fare recipients are not gaining coverage at cused on the issues at hand, true issues be offset. Part of my opposition to the new jobs and that those dropping off the wel- of emergency, and that we would get bill springs from the fact that we are fare rolls are losing Medicaid coverage.’’ In New York State, for example, the number of back in return a bill that would be fo- making the exception for these disas- Medicaid enrollees dropped by 300,000 be- cused on the true issues of emergency. ters in our own hemisphere while we tween 1995 and 1998, but in the same three But it is not the time to fight for spe- are spending billions of dollars; and I years the number of uninsured rose by cial interests. It is the time for Con- do not think that should be offset ei- 450,000. gress to promote the national inter- ther, I fully support the spending that The study also notes that it is increasingly ests. This bill serves, in my opinion, we are doing in Kosovo. How is it off- difficult for the uninsured to get health care. the national interests. set? By nearly $1 billion in cuts in food In one survey of more than 10,000 doctors, It provides resources to our service- those receiving no income from managed stamps and $350 million in section 8 care companies reported spending about 10 men and women who work so hard to housing. hours a month treating indigents. But those defend this country who we ask to go I take the word of my colleagues who get the bulk of their income from these to the far points of this Earth to defend when we say that this will not have an companies gave up only half as much of their American interests. It provides nec- impact on the delivery of food stamps time to charity. As cost-containment pres- essary relief to our farmers who have and housing, nutrition and housing for sures increase, the uninsured face ever great- been devastated by an ailing farm the poor people in our country, and er medical risks. economy. These farmers put food on that this is excess funds appropriated, In language that is remarkably calm, given the contents of their report, the authors con- the tables of American people, and uncommitted funds that will not be clude, ‘‘The accelerating decline in health they deserve the support of the Amer- spent this year. I understand that, and insurance coverage in the United States is a ican people. I respect that. serious problem, affecting the financial secu- It helps our neighbors to the south But I do not understand why we have rity and health of millions of Americans who were devastated by Hurricane to go to that pot. Certainly there is H3256 CONGRESSIONAL RECORD — HOUSE May 18, 1999 other uncommitted appropriated funds. tleman from Florida (Chairman YOUNG) tinue to support their service for the There are other appropriated uncom- and the gentleman from Wisconsin (Mr. country as long as it might continue in mitted funds we can go to without OBEY), the ranking member. They have the months and the years ahead. That sending a message that, not only do we shepherded this bill through a very dif- portion of the bill, Mr. Speaker, came take exception to offset funding for ficult process and I must say they re- to us with great support and coopera- hurricane disasters in our own hemi- flected the will of the House in an espe- tion of the authorizing committee, and sphere and in Central America and off- cially effective manner as we dealt I want to thank those members of the set it from the poorest of the poor ac- with the other body. Armed Services Committee who also count in our country, there should As has been described here, this bill provided us with their assistance have been a better place for the offsets has been merged with the earlier emer- throughout this process. In closing, I if we needed them in the first place. gency bill that passed the House. There strongly urge all members, on both Then I support, of course, the sub- has been a good deal of concern about sides of the aisle, to support this bipar- stantial assistance to refugees. But, additions placed on that original bill. I tisan, essential bill. again, we are talking about spending so must say first and foremost that the Mr. OBEY. Mr. Speaker, I yield such much more money that is not an emer- chairman and the ranking member time as he may consume to the gen- gency. worked very hard to play a role in tleman from California (Mr. GEORGE The gentleman from Ohio (Mr. REG- eliminating the most egregious of MILLER). ULA) did a great job on the riders, but those problems from the other body. (Mr. GEORGE MILLER of California not a complete job. I urge my col- In the meantime, they provided a asked and was given permission to re- leagues to vote no on the supple- very important leadership role in mak- vise and extend his remarks.) mental. ing sure that our efforts, especially rel- Mr. GEORGE MILLER of California. Mr. YOUNG of Florida. Mr. Speaker, ative to Kosovo, remain very, very Mr. Speaker, I rise in strong opposition I yield myself 1 minute. clean. As these items dealing with to the supplemental spending bill. Mr. Speaker, I take this additional funding for national defense left the Mr. Speaker, as we prepare to vote on the minute to respond to the comments of House, they return to the House—a Conference Report to provide spending for the gentlewoman from California (Ms. clean product. military aid and hurricane disaster relief, Mem- PELOSI) about Hurricane Mitch. Imme- This bill is committed to funding our bers should be aware of a thus far successful diately upon the incident of that hurri- effort in Kosovo. While it does not pro- effort by the mining industry and its supporters cane, America responded to Central vide all the funding that I might have in the Other Body to include in the conference America. We sent our military forces called for and as was reflected in the report yet another anti-environmental rider. there quickly. They saved lives. They work of the initial bill that passed the This time, the rider would stop the Secretary pulled people out of the swollen rivers, House, it remained a clean bill; and it of the Interior from properly carrying out his out of mud slides. They brought pota- demonstrates our commitment to mak- duties under the 1872 Mining Law by allowing ble water so people could have some- ing sure that our men and women who mining companies to claim an unlimited num- thing to drink or cook with. They pro- are in harm’s way are adequately sup- ber of acres of public land for waste disposal. vided sanitary conditions. So the ported in that effort. The issue arose from a March 25, 1999, United States responded immediately. We do have within the Kosovo part of joint decision by the U.S. Departments of Inte- The supplemental request did not this package a total of almost $11 bil- rior and Agriculture denying a large open-pit, come from the administration until lion worth of funding for defense pur- cyanide-leach gold mine in eastern Wash- much later following that disaster. Ac- poses, an amount that is in excess of ington State which had illegally claimed hun- tually, there was some delay in getting that which the President requested, dreds of acres of public land as ``millsites.'' to conference on the Hurricane Mitch but an amount that is very apparent is Millsite claims were originally intended for bill, but we combined the two bills, the needed by our military for our national structures to process the mined ore from the Mitch bill and the Kosovo bill, into one defense. mineral claims; now they are usually used to supplemental so that we were not As we move into the months ahead, dump waste rock and tailings (what's left after spending all of our time dealing with none of us can predict what the cost the mineral has been extracted). supplementals every week. That is the might be. But this bill is a reflection of To be valid, millsites cannot contain a valu- reason for some delay. the fact that the House wants to make able mineral. The mining law holds that mill- I would like to say to the gentle- sure that adequate funding is present site claims are limited to 5 acres in size and woman that the gentleman from Flor- no matter how long the war itself may allows only one 5-acre millsite claim per min- ida (Mr. DIAZ-BALART) has been all over extend itself. eral claim. Before the March 25th decision my case ever since we filed that first Beyond the President’s request, there mining companies were often permitted, albeit supplemental to get it done. So I say to are a number of critical items that are illegally, as many millsite claims as they need- the gentlewoman, it is completed. It is necessary and that have been provided ed, no matter how many mineral claims they here today. Vote for it, and the money for in this bill. To illustrate that to had. And the modern mining industry generally will begin to flow. some extent, above and beyond the needs many more millsite claims than mineral Mr. Speaker, I reserve the balance of President’s basic requests, we have claims. Since this decision to fully and consist- my time. added $4.74 billion to address critical ently enforce the law, 5 acres of millsite claim Mr. OBEY. Mr. Speaker, may I in- shortfalls in a number of areas that in- waste disposal space is all that is available quire as to how much time is remain- clude items like munitions, where per mineral claim. ing on each side. there is $250 million to replace muni- The decision by the Department of the Inte- The SPEAKER pro tempore (Mr. tions that have been used and are in rior is significant because of the precedent it THORNBERRY). The gentleman from short supply; rapid response procure- setsÐenforcing a provision of the 1872 Mining Wisconsin (Mr. OBEY) has 17 minutes ments in the amounts of $300 million; Law that limits the amount of public land, adja- remaining. The gentleman from Flor- and operation and maintenance funds cent to mines, which can be used to dump ida (Mr. YOUNG) has 211⁄2 minutes re- in the amount of $2.35 billion. The O&M waste from mining. maining. funding includes needed funds for spare With enforcement, the decision gives federal Mr. YOUNG of Florida. Mr. Speaker, parts and depot maintenance, items land managers the right to deny mine permits I am proud to yield 3 minutes to the that are critical to our forces being that propose to dump excessive amounts of very distinguished gentleman from able to carry out their mission. mine wastes on valuable public lands and it California (Mr. LEWIS), chairman of the I must say, Mr. Speaker, one of the may make economically marginal ore deposits Subcommittee on Defense of the Com- messages we are sending here to our unprofitable to develop. mittee on Appropriations. troops that is especially important in- The space required to dump the massive Mr. LEWIS of California. Mr. Speak- volves the advanced funding of pay ad- waste rock piles produced at many of today's er, I very much appreciate the gen- justments for the troops. That essen- mines exceeds the legal limits under the 1872 tleman from Florida yielding to me. tially tells them in clear terms that Mining Law which Congress should have re- Mr. Speaker, I rise first to express the House is not only supporting their formed years ago. Mine waste dumps pollute my deep appreciation to both the gen- effort in Kosovo, but intends to con- surface and groundwater resources with acid May 18, 1999 CONGRESSIONAL RECORD — HOUSE H3257 mine drainage and heavy metals such as ar- Mr. YOUNG of Florida. Mr. Speaker, sure that those currently using the senic. I yield 11⁄2 minutes to the distinguished Section 8 program will in fact have the Permitting more such waste to be dumped gentleman from Washington (Mr. necessary housing provided for them on public lands is simply not an acceptable HASTINGS), member of the Committee and their families. solution. That's what the industry wants and on Rules. Is it the intention of the chairman to that's what this rider would do. It would legal- Mr. HASTINGS of Washington. Mr. appropriate funds sufficient to renew ize waste-dumping that is now illegal. Speaker, I thank the gentleman for all Section 8 contract renewals? The 1872 mining law has given away bil- yielding me the time. Mr. WALSH. Mr. Speaker, will the lions of dollars of the nation's mineral wealth I just want to point out something gentleman yield? while paying taxpayers, who own the minerals, that I find so ironic with the debate Mr. PRICE of North Carolina. I yield not one cent in royalties. And the law has only from the previous speaker and the de- to the gentleman from New York. Mr. WALSH. Mr. Speaker, I appre- minimal limited environmental safeguards. bate on the rule. Here we are debating ciate the concern of the gentleman. We Polls show that a significant majority of the bill that deals with our national also have concern with this important defense, deals with our agriculture in- Americans continue to support strong mining housing issue, and I agree that the Sec- dustry, and deals with aid to Central law reform. But instead of an open debate on tion 8 program is very important for America, which I think is needed, oth- the mining law, the industry wants an exemp- ensuring that the poorest of the poor erwise this body would not take it up. tion from this part of the law that they've dis- have adequate housing. Consequently, I covered is no longer to their liking. And yet we hear the rhetoric from the fully intend to appropriate adequate Instead of engaging in back-room politics, other side and specific Members that funds for Section 8 renewal. the mining industry should engage in an open we are decimating our environmental And I would remind my good friend public debate about reforming all of the mining laws. that no one has lost their housing law, not just the part it doesn't like. And Con- Nothing could be further from the vouchers, and I have no intention of gress should not permit a last-second, stealth truth. Let us put this into perspective, letting that happen. rider to be added to a non-germane bill with exactly what happened. Under existing Mr. YOUNG of Florida. If the gen- no public debate. law, a gold mine in Washington State tleman would yield, I would like to Mr. OBEY. Mr. Speaker, I yield 2 opened up 11 years ago, invested $80 say, Mr. Speaker, that I support the in- minutes to the distinguished gen- million under existing rules, jumped tention of the gentleman from New tleman from Washington (Mr. over every hoop, every barrier, went York (Mr. WALSH) to provide for all the McDERMOTT). through every environmental hoop Section 8 renewals even though, as we (Mr. McDERMONT asked and was from the State, from the Federal Gov- are all well aware, the budget resolu- given permission to revise and extend ernment, and they said proceed, until tion we are working under requires dif- his remarks.) it got to Washington, D.C. and a solic- ficult choices in many of the appro- Mr. MCDERMOTT. Mr. Speaker, to- itor took existing statute that had priations bills, including the VA–HUD day’s vote on the supplemental budget never been interpreted this way before, bill. I believe it will be up to the Mem- for Kosovo has so little to do with Ser- never been interpreted this way before, bers of the subcommittee to determine bia and Kosovo that it no longer makes and said we are going to shut down this the best manner in which to allocate any sense. Members are being asked to gold mine after an $80 million invest- these funds. approve a cornucopia of projects much ment. Mr. PRICE of North Carolina. Mr. beyond the amount that President This happened about 6 weeks ago. It Speaker, I want to thank the chairmen Clinton asked. had to be fixed in a timely manner be- of both the full committee and the sub- There are so many outrages in this cause people have invested in this en- committee. I agree with both of them bill that it is kind of hard to pick one terprise, pension funds; there is about that it is going to be a very difficult, out, but let me pick one out. It is the 150 to 200 jobs at stake in north central very challenging process to fund those antienvironmental rider, sponsored by Washington. So this fix had to be done programs under our responsibilities. the senior Senator from Washington in an emergency manner, and that is I am concerned that this rescission State, and the well-financed mining why this vehicle was fixed. It does not, could make that more difficult for the gentleman from New York (Mr. WALSH) lobby, which will trade American for- I have to repeat, this does not decimate and my colleagues to find the funds eign policy, the safety of millions of any environmental laws. It takes care necessarily adequately to fund both Kosovars, and the welfare of hurricane of this one specific project and those Section 8 and all the important pro- victims in Central America for the projects that are in place right now. I urge support of this supplemental grams we oversee. right to strip-mine a sensitive and sce- In conclusion, it is going to be dif- budget. nic area in north central Washington. ficult to find the funds to fund Section Mr. OBEY. Mr. Speaker, I yield 2 This rider will grant a Texas com- 8 fully, and all of these important pro- minutes to the distinguished gen- pany the right to operate a strip-mine grams we are overseeing. It is vitally tleman from North Carolina (Mr. in Okanogan County. This mine will important to do this, though; and I operate a cyanide leaching pit mine to PRICE). pledge my cooperation to getting it Mr. YOUNG of Florida. Mr. Speaker, spread its waste over hundreds of acres done. of public land, threaten the county’s I yield 1 minute to the gentleman from Mr. YOUNG of Florida. Mr. Speaker. water supply, and threaten tribal North Carolina (Mr. PRICE). I yield 2 minutes to the gentleman Mr. PRICE of North Carolina. Mr. lands. from Ohio (Mr. REGULA), chairman of It orders the Interior Department not Speaker, I am concerned that one of the Subcommittee on Interior of the to enforce the 1872 mining law. There is the offsets being used in this bill is $350 Committee on Appropriations. no doubt that that mining law needs to million from the Section 8 housing pro- (Mr. REGULA asked and was given be reformed. It is much too generous to gram. I understand that these are mon- permission to revise and extend his re- the mining companies. However, the ies that are not expected to be spent marks.) solution is comprehensive reform of this year. But the future use of these Mr. REGULA. Mr. Speaker, I thank the law. It is clearly wrong to suspend funds was considered when HUD cal- the gentleman for yielding me the part of the law to allow more dumping culated how much to request for fiscal time. of wastes, and the mechanism is hardly 2000. I think we are losing sight of the fact an emergency appropriations bill. It is my understanding that the gen- that the purpose of this bill is to sup- tleman from New York (Mr. WALSH), port our troops overseas. They did not b 1915 the chairman, plans to appropriate suf- ask to be sent there. But now that they The only opportunity that Members ficient funds to renew all Section 8 are there, therefore I think we should of this House will have to vote against contracts in the fiscal 2000 VA–HUD ap- get the necessary funds to provide the this is to vote on the motion to recom- propriations bill; and if I might, I adequate equipment that they need and mit. And I urge all of them to vote would like to engage him in a colloquy all the supplies so that they can be pro- ‘‘yes’’ on the motion to recommit and at this point on that matter. My con- tected in performing their duty. And ‘‘no’’ on the bill. cern is that funding be sufficient to en- we are getting diverted in this debate. H3258 CONGRESSIONAL RECORD — HOUSE May 18, 1999 But let me also address one issue, Certainly, a long overdue pay raise to stop him. I have had many sleepless nights and that is the Byrd provision which for our military and the Coast Guard; thinking about the situation in Kosovo, recall- was in the Senate bill to establish a $1.1 billion for Kosovo refugees; $900 ing what I saw first hand in Bosnia and imag- loan guarantee program. I think that million for U.S. tornado victims in the ing the plight of the Kosovars. I believe that amendment is important. It would deal FEMA account; $687 million in Central chosing to act was the right decision. with the question of steelworkers and America, and I visited there, for school I do not feel the United States could have, their jobs. building and road development and or should have, stood idly by while people in But I did not think we would want to debt restructuring; and $10 million re- Kosovo continue to lose their homes, their lose this bill or have it delayed, since it lief for the Colombians after that hor- families and their lives. Whether or not you is so vital to young American men and rible earthquake that they had. agree with my position, I want you to know women in the military, by retaining There is also money in here for other that I don't take it lightly. this amendment. I believe that this great causes. There is $574 million for Mr. YOUNG of Florida. Mr. Speaker, should be addressed with a separate U.S. farmers hit by low commodity I yield 3 minutes to the gentleman bill. That bill with the Byrd language prices. There is a lot in here to like from Alabama (Mr. CALLAHAN) the has been introduced in the House by even for nondomestic emergency fund- chairman of the Subcommittee on For- myself. The Speaker has agreed that ing. eign Operations, Export Financing and there will be a vote on it. A similar ac- Credit Union Liquidity. Related Programs of the Committee on tion is being accomplished in the Sen- Public Broadcasting: There is money Appropriations. ate, and there will be a vote there on in here for National Public Radio. (Mr. CALLAHAN asked and was the Byrd amendment. Mortgage Insurance Limits: There is given permission to revise and extend I would hope that the Senate will money in here for mortgage insurance his remarks.) pass the quota bill, as it is the most ef- limits. Mr. CALLAHAN. Mr. Speaker, I love fective solution to stopping dumping House Page Dormitory: For the this place. It is so interesting to come and job loss. It is a problem. Four steel pages’ dormitories for these pages that and to see both sides of the aisle use companies have filed for bankruptcy serve us, so they can have a decent demagoguery to talk about what is protection since the steel import crisis place to live. wrong with everything. began. We have 10,000 steelworkers out Japanese Reparations: There is If my colleagues want to find a rea- of their jobs, and that does not include money in here for Japanese repara- son to vote against this bill, it is very people in the ancillary industries. tions. The list goes on and on for good simple. Since the introduction of C- We can deal with those problems things to support. SPAN, we no longer debate issues, we with the quota bill, which would be far Postal Service. use oneupmanship, hoping that some- more effective in saving steelworker Indian Affairs. one back in our respective districts jobs. And I think it is important that Russian Leaders: The agreement estab- might be listening and they might be we get on with passing this bill to lishes a pilot program within the Library of impressed. make sure that our young men and Congress to bring up to 3,000 emerging Rus- This glass is nine-tenths full. How women overseas and in the United sian political leaders to the United States many of my colleagues want to go for up to 30 days each. The Senate is trans- States that have been called upon to home and say that they want to deny protect their country, to serve their ferring $10 million of its own funds to finance the program during 1999. the refugee assistance that is in this country, are adequately taken care of. bill for the refugees coming out of I urge the Members to pass this bill Religious Freedom. Export Controls. Kosovo? How many of my colleagues promptly. Drug Trafficking. want to go home and say they do not Mr. OBEY. Mr. Speaker, I yield 2 National Commission on Terrorism. minutes to the distinguished gen- want to help the people who are dev- Pan Am Trial. astated by Hurricane Mitch? Not one of tleman from California (Mr. FARR). I urge my colleagues to make a suffi- Mr. FARR of California. Mr. Speaker, them. How many of my colleagues will I thank the gentleman for yielding me cient vote, vote ‘‘yes.’’ want to go home and tell their farmers the time. Mr. Speaker, this is a difficult and emotional that there was something wrong with I first want to say how proud I am as time for the world community and me person- this bill, that they disagreed with a new member of the Committee on Ap- ally. We have found ourselves faced with un- something the Senate put in there, propriations of the work that our conscionable atrocities in Kosovo and no easy therefore, they were against assistance House did. If my colleagues notice, the way to stop them. We all wish that we were to the farmers? conference committee, the leadership not faced with the need to make choices such We have got to look at the nine- in that conference committee, was cer- as those we face in Kosovo, we wish to op- tenths of the glass and recognize that tainly on the House side, and I appre- tions available were different. However, I be- we are doing humanitarian assistance, ciate the work on it of both sides of the lieve we do not have the option of standing by we are doing the right thing, we are aisle. and letting the genocide continue. improving the capabilities of our mili- This is the first spending bill that we My outlook on humanity has been shaped tary. have voted off the House floor this by my national service in Colombia with the We can demagogue it all we want. We year, and I think it reminds me of that Peace Corps. During my time in Colombia I can say that we are 7 months behind in old adage that is in a song that says, gained an appreciation for other cultures and appropriating the money for Hurricane ‘‘You can’t always get what you want an understanding that, no matter what your Mitch. But the President did not send but sometimes you get what you nationality or ethnicity, we are all human. We the request over here for 4 months. So need.’’ There are a lot of political needs all deserve the right to basic freedoms. We all I can demagogue, too. But let us look out there in this country and across deserve the right to be safe in our homes and at the fact that we have aid to farmers, the world, and Congress does not have not be fearful of our government. We all de- we have aid to Latin America, $700 mil- always a good record of getting the serve the right to expect that we will not be lion, we have aid to Jordan. money to the people. forced out of our homes and country. We all The King of Jordan is here this week. I have agreed with some of those who deserve the right to live freely. I have not heard one of my colleagues point out the wrongs in this bill. There The international community has been at- jump up and say this is not an emer- are certainly some wrongs. And they tempting to reach a diplomatic end to gency. No, because they do not want to have an option of voting to recommit. Slobodan Milosevic's terror of the non-Serbian demagogue it in that respect. They But the politics of compromise is that population in Yugoslavia for years. The Ram- want to nitpick. They want to go in along with the bad comes the good, and bouillet accords offered Mr. Milosevic one last and say we are taking the money away we have to weigh our judgment on how opportunity to stop the genocide in Kosovo from Section 8 housing. We are not. we are going to vote. Is there more and avoid international conflict. With his re- But it sounds good, I realize, back good in this bill than bad? And we have fusal, the international community was faced home to their constituents. been hearing people emphasize what with the awful decision of sitting by and allow- Say what they want, but when it they think is the bad. Let me empha- ing Milosevic to continue displacing, terror- comes down to the final vote on this size what I think is the good. izing, and murdering Kosovars, or take action bill, vote your conscience, vote for May 18, 1999 CONGRESSIONAL RECORD — HOUSE H3259 what is right. Vote for the refugees. b 1930 Baltics have revealed a true national emer- Vote for the assistance to Latin Amer- If Members support helping the vic- gency that must be addressed as soon as ica. Vote for the increased assistance tims of Hurricane Mitch, they will sup- possible. We cannot continue to put American to the military. And vote, as well, your port this bill. If they support helping soldiers in harm's way without the tools and conscience that will indeed make this a the American farmers who are dev- training necessary to bring them home safely. better world and have the United astated by a disastrous farm economy, Mr. Speaker, I urge my colleagues to sup- States of America more respected. then they will vote for this bill. If they port our troops, our farmers and those dev- Mr. OBEY. Mr. Speaker, I yield my- believe we have systematically gutted astated by recent storms by approving this self 1 minute. our defense budget, if they believe it is critical legislation. Mr. Speaker, I say in response to the time to increase manpower and rebuild Mr. OBEY. Mr. Speaker, I yield 1 gentleman who just spoke that I be- our weapons stockpile to provide for minute to the distinguished gentle- lieve that those supporting this bill are spare parts to avoid cannibalism, then woman from Florida (Mrs. MEEK). trying to have it both ways on the they will vote for this bill. If they sup- Mrs. MEEK of Florida. Mr. Speaker, I issue of offsets at the same time. port our troops in Kosovo even though would like to say that this supple- First of all, they tell the conserv- they disagree with the President’s de- mental is for a good cause but the off- ative action group on the Republican ployment to Kosovo as I do, they will sets are very bad, particularly the ones side of the aisle, do not worry, we have vote for this bill. Congress cannot that are in housing. I do not think too offset a piece of this bill because we are abandon our troops just because the many people have thought of the fact cutting food stamps and cutting Sec- President deploys unwisely. If they that you are just exacerbating the cur- tion 8 and that is how we are going to support providing relief for the refu- rent waiting list which we have for offset the cost. Then when they get an gees in Kosovo, they will vote for this vouchers. It takes families years and argument from the other end and peo- bill. years to get this assistance. By your ple say, gee, but if we cut those two They have more reason to vote for offsetting, using the money from programs, we are going to hurt people, this bill by far than they have to vote vouchers and from housing, it is going they say, oh, but by the way, do not be- against it. I support it. I hope my col- to cause a terrible problem for the peo- lieve it because we are not actually leagues will, also. ple I represent and the poor people of going to cut a dime because this money Mr. Speaker, I rise today to voice my strong this country. would not be spent anyway. support for H.R. 1141, the Emergency Supple- I want Members to think about that even though we all know that it is a Now, that may either say something mental Appropriations Act Conference Report good cause. Think of the fact that it is about the hypocrisy of those who offer for 1999. going to have that kind of effect in the the amendment, which I doubt, or it As a Conferee who helped craft this impor- year 2000. There is going to be a short- may say something about the hypoc- tant legislation, I want to assure my col- fall in the year 2000. There is already a risy of the process. Either way, I think leagues on both sides of the aisle that H.R. shortfall because there are about 5 mil- people can be forgiven for being con- 1141 is a strong bill that every Member can lion families that are already under- cerned that when they put a cut in the and should support. served by HUD section 8. So in dealing bill, they just might really mean it. Mr. Speaker, there are few Members more with reality, no matter how you place Mr. YOUNG of Florida. Mr. Speaker, committed than I to cutting waste and saving this, it is going to have a devastating might I inquire as to the time remain- taxpayer dollars. I know how important it was effect on the poor people in this coun- ing on both sides? to bring to the House a conference agreement try who are already affected by hous- The SPEAKER pro tempore (Mr. free of excess spending and I am proud of what we have accomplished. Despite much ing. We need to think of that. We are THORNBERRY). THE GENTLEMAN FROM pressure, Chairman Young held firm and going in the wrong direction by doing FLORIDA (MR. YOUNG) has 12 minutes this. It will reverse the down payment remaining. The gentleman from Wis- helped this Congress produce the best pos- sible legislation to address the needs now fac- Congress made last year on addressing consin (Mr. OBEY) has 10 minutes re- the needs. We are just backtracking for maining. ing our nation. The fact is, H.R. 1141 is as clean and as tight as possible largely because the good things that we did last year. Mr. YOUNG of Florida. Mr. Speaker, Chairman Young would accept nothing less. I Mr. YOUNG of Florida. Mr. Speaker, I yield 2 minutes to the gentleman am pleased to support this legislation and I I yield 2 minutes to the gentleman from California (Mr. PACKARD), chair- urge my colleagues on both sides of the aisle from Kentucky (Mr. ROGERS), chair- man of the Subcommittee on Energy to vote for its approval. man of the Subcommittee on Com- and Water. Mr. Speaker, H.R. 1141 provides necessary merce, Justice, State, and Judiciary. (Mr. PACKARD asked and was given funding for our most pressing emergencies. Mr. ROGERS. Mr. Speaker, I think it permission to revise and extend his re- American soldiers, America's farmers, storm is pretty plain to most Americans that marks.) victims, and Balkan refugees all will imme- what is happening here is like what has Mr. PACKARD. Mr. Speaker, I thank diately benefit from passage of this legislation. been happening all year long. That side the chairman for yielding me the time. Most importantly, H.R. 1141 supports Amer- of the aisle is opposed to anything that I rise in strong support of H.R. 1141, ica's troops, and regardless of whether you this side of the aisle proposes. Look the Emergency Supplemental Appro- agree with the policies of this Administration, what they are opposing here. In this priations Act Conference Report. Cer- we can't afford to neglect the needs of those bill, there is aid for not only the mili- tainly, every Member should and can who must carry them out. tary personnel of America in the vote for this. If they support a clean Like many of my colleagues, I have made Kosovo region, there is also aid to help supplemental, they will vote for this no secret of my opposition to this President's protect our American diplomats work- bill. use of American military force in the Balkans. ing under extremely dangerous condi- This is the cleanest supplemental ap- I continue to believe that Operation Allied tions all through the Kosovo region, all propriation bill since I came to Con- Force lacks well-defined goals and a clear seven embassies in that region. This gress 17 years ago. Is it perfect? Is it strategy to accomplish them. However, my dif- bill contains $70.5 million to help pro- perfectly clean? I think the House bill ferences with this President do not erase the tect Americans working in our embas- was quite clean when it left, but it ob- fact that our troops in the field are dan- sies and consulates in that region, in- viously is not completely clean now gerously low on both munitions and spare cluding in Tirana, where we need a that it has come back as a conference parts; or that we are currently unable to fully brand new embassy to try to house the report, but we did everything we could. staff many of our naval vessels due to per- Americans working there. And I give the gentleman from Flor- sonnel shortages. Mr. Speaker, Congress can- Regarding the census. In this bill, we ida (Mr. Bill YOUNG) superb credit for not abandon our troops just because the lift the fence off the funding for the holding firm in trying to keep this a President deploys them unwisely. State Department, the Commerce De- clean bill. We stripped out virtually all The truth is, American service personnel are partment, the Federal judiciary and all of the pork that was laden in the Sen- stretched farther around the world today than their other agencies covered by the ate bill. We did not get it all out, of at any other time in history. Successive de- Commerce-State-Justice bill. Other- course, but we tried. ployments in both the Middle East and the wise, those agencies will simply shut H3260 CONGRESSIONAL RECORD — HOUSE May 18, 1999 down on June 15. In this bill we simply Mr. Speaker, we have a national se- sequences. They hurt other states and dis- lift the fence, let the moneys be spent, curity budget. When we had an exten- tricts. They affect states unequally and un- keep the Justice Department oper- sion of Somalia, many of us opposed to fairly. In this case, this particular hold-harm- ating, keep the courts operating, keep it said that those that want to go into less counters Congress' clearly stated prin- the Commerce Department operating, Somalia, you have to be ready to pay ciple in the Title I authorization that the dollars keep the Federal courts, including the for it. The same thing with Haiti. We should generally follow the children. Given Supreme Court and all the Federal were opposed. We did not think there scarce resources, money should be targeted courts across the country, in oper- was any national security issue of to areas of greatest need. By contrast, this ation. going into Haiti. We got kicked out of rider provides additional funding to schools Also the Immigration and Natu- Somalia. In Haiti we are still spending that are otherwise not eligible for the Title I ralization Service says unless they get $20 million a year building roads and Concentration Grant money. That is wrong. an additional $80 million, they are schools in Haiti, much money we would The fact that ``100 percent special hold-harm- going to have to release onto your like to spend on section 8 housing and less'' legislative riders have been attached to streets the criminal illegal aliens now the rest of it. But if you take a look at omnibus and other appropriations conference being held by the INS. They are out of Bosnia, Bosnia has cost us $16 billion. reports in the pastÐriders that disadvantage money. Those criminals will be re- That does not even account for next children who are immigrants, minorities or leased on our streets and our roads and year. Four times hitting Iraq. Now we poor based on their state of residenceÐdoes highways throughout this country. If have got Kosovo. And the Sudan. The not make this rider right. Members want that to happen, vote President just agreed to a settlement And third, this is a midnight legislative rider. ‘‘no’’ on this bill, because we put $80 of some $45 million to give the Suda- It was not in the House or Senate bills. It was million in this bill for the INS to con- nese because we bombed an aspirin not the subject of hearings. It was not raised plant. All of this money comes out of tinue to keep in jail the criminal aliens in House debate on the supplemental appro- the national security account. We have who would otherwise roam the streets priations bill. It was not raised in the hearings emergency supplementals but it only of this country. of the House Labor-HHS-Education Appropria- And so I urge Members to support covers about one in four dollars that tions Subcommittee for the FY2000 budget, this bill. You can find any reason to we expend. Our national security, to and as a Member of that Subcommittee I as- oppose it. You can find every reason to give Members an idea, the Navy fighter sure Members that plenty of opportunity for be for it. weapons school had 12 of 23 airplanes this was available. It was not raised in the au- Mr. OBEY. Mr. Speaker, I yield 1 down, 137 parts missing. Eight of those thorizing committee, to my knowledge, where minute to the distinguished gentle- were for engines. The Air Force 414th this type of issue truly belongs. I am assured, woman from Michigan (Ms. KIL- was very similar. We are in a hollow however, that this is the one and only time PATRICK). force right now. The money that we (Ms. KILPATRICK asked and was want to expend for national security in that this particular legislative rider will be given permission to revise and extend this bill, I am very proud of what we sought. her remarks.) did, like the gentleman from California Mr. Speaker, this legislative rider, in the whole scheme of things, is relatively minor. Ms. KILPATRICK. Mr. Speaker, I (Mr. FARR) said that what we passed in support our troops, our service men the House. I am not so proud of what is But it sets a precedent that is problematic and and women who serve this country. I in this bill. But I look at the glass like unfair to all of those Members who work in good faith to authorize these programs. Mem- support the people in Central America the gentleman from Alabama (Mr. CAL- who were devastated by Hurricane LAHAN) said, I think it is nine-tenths bers simply need to know that this is the case. Mitch. I support the American farmers full. But we do need the national secu- I fully expect that when the FY2000 Labor- who have made it possible for us to eat rity dollars and there is a reason. HHS-Education bill is written and then sent to and to export and to feed the world. I Mr. Speaker, I want to bring attention to one conference with the Senate, there will be yet also support FEMA and Oklahomans provision in this conference report regarding another attempt to apply a ``100 percent spe- and all those who have been devastated education. cial hold-harmless'' to the Title I Basic State by the recent tragedy. But I also sup- Chapter Five of the Conference Report con- Grants program, which I understand is dif- port the millions and millions of Amer- tains an appropriation of $56.377 million for ferent from this Concentration Grants program icans who need housing, who need the the Department of Education, providing a sort issue. This other hold-harmless impacts every assistance from our community devel- of ``hold-harmless'' to certain schools in the growing state, and every state with a growing opment block grant program, who need Title I Concentration Grants program. I want to number of disadvantaged childrenÐoften in- transit opportunities so they can get to state my objection to this legislative rider cluding immigrant and minority children. The their doctors, to buy their food and the which was in neither the House nor the Sen- House has, in the past, resisted such legisla- like, people who need housing. This is a ate bills. I understand that my own Labor- tive riders on appropriations bills, and we wonderful supplemental, but it leaves HHS-Education Appropriations Subcommittee should continue to do so. out too much of my district. I cannot Chairman, JOHN PORTER, shares my opposi- The legislative language of the H. Rept. support it. It is unfortunate that we tion to this type of legislation which prevents 106±143 reads as follows: have a $15 billion supplemental, $13 bil- Congress for targeting scarce funds to those DEPARTMENT OF EDUCATION; EDUCATION FOR THE lion of which is not offset, and $2 bil- with greatest need. DISADVANTAGED lion which is offset. Too much pain for I oppose this provision for three reasons. For additional amounts to carry out sub- those in America who need it. Vote no. First, the appropriation is unjustified. Since part 2 of part A of title I of the Elementary Mr. YOUNG of Florida. Mr. Speaker, 1994, local school districts have known that in and Secondary Education Act of 1965, I yield 2 minutes to the distinguished the current fiscal year, FY 1999, the Title I $56,377,000, which shall be allocated, notwith- gentleman from California (Mr. Concentration Grants would be distributed to standing any other provision of law, only to those local educational agencies that re- CUNNINGHAM), a member of the Sub- local school districts whose eligibility would be ceived a Concentration Grant under the De- committee on Defense. determined using census update estimates of partment of Education Appropriations Act, (Mr. CUNNINGHAM asked and was school-age population and poverty. The provi- 1998, but are not eligible to receive such a given permission to revise and extend sion was clearly written in the Improving grant for fiscal year 1999: Provided, That the his remarks.) America's Schools Act of 1994. In defense of Secretary of Education shall use the funds Mr. CUNNINGHAM. Mr. Speaker, the 1,400-some schools scheduled to lose appropriated under this paragraph to provide last week I took to the well and said Title I Concentration Grants eligibility except each such local educational agency an that the gentleman from Wisconsin for this rider, the Department of Education has amount equal to the Concentration Grant (Mr. OBEY) and I were friends and a re- been tardy in assembling this important data. the agency received in fiscal year 1998, rat- porter asked me off the floor, ‘‘Are you Some schools are asserting that they were ably reduced, if necessary, to ensure that local educational agencies receiving funds and the gentleman from Wisconsin caught off-guard, or by surprise. But the De- really friends?’’ I said, ‘‘Yes. We just under this supplemental appropriation re- partment's lateness does not justify such fund- ceive no greater share of their hold-harmless disagree on some issues.’’ But I would ing or the rider itself; in fact, schools have had amounts than is received by other local edu- like to enlighten my friend on national notice of this change for five years. cational agencies: Provided further, That the security spending. I know he is aware Second ``hold-harmless'' legislative riders on funds appropriated under this paragraph of it. We may just disagree. appropriations bills have unintended con- shall become available on October 1, 1999 and May 18, 1999 CONGRESSIONAL RECORD — HOUSE H3261 shall remain available through September badly would be cut. This bill is terribly Mr. FRANK of Massachusetts. Mr. 30, 2000, for the academic year 1999–2000: Pro- sinister to force these massive cuts Speaker, I thank the gentleman from vided further, That the Secretary shall not onto our own citizens in a budget Wisconsin for yielding me this time. I take into account the funds appropriated which will fund a military operation in am reminded of a song that I think my under this paragraph in determining State allocations under any other program admin- Yugoslavia. It is cynical. It forces us to colleagues on the other side are sing- istered by the Secretary in any fiscal year. choose between humanitarian and dis- ing. I remember in earlier times when And the provision from the report reads as aster assistance for those here and they would be very critical of the ap- follows: abroad. I ask for a ‘‘no’’ vote. propriations process, of the excesses Mr. YOUNG of Florida. Mr. Speaker, The conference agreement includes that were sent in, of the long time it $56,377,000 for Concentration grants under I yield 2 minutes to the distinguished took. I think they have now decided to the Title I program as a fiscal year 2000 ad- gentleman from Missouri (Mr. TALENT). sing a song, anything we can do, they vance appropriation to become available on Mr. TALENT. Mr. Speaker, I thank can do worse. We are told that we October 1, 1999 for academic year 1999–2000. the gentleman for yielding me this should fall to the hostage theory: The conferences understand that the De- time. Let me focus the House’s atten- ‘‘This has some good things in it; partment of Education has interpreted a tion on a figure, $148 billion. The Joint therefore, you should ignore the bad ‘hold harmless’ provision included in the fis- Chiefs of Staff came before the Senate cal year 1999 appropriations bill to apply things.’’ The gentleman from Alabama only to school districts that first qualify for at the end of last September and said, said that the glass was nine-tenths full. Concentration grants on the basis of the per- we are $148 billion short of what we One of my friends on the Committee on centage or number of poor children within need over the next 6 years to maintain Appropriations said, ‘‘No. The trouble the school district. Only after a school dis- minimal standards of readiness in the with this glass is that it’s over- trict meets the eligibility criteria would the armed services. Nobody disputes that flowing.’’ We are told that if we are for Department apply the hold harmless and figure. The Secretary of Defense agrees aid to the hurricane victims, if we are award the Concentration grant. Under the with it. He has testified that we either for the troops, we have to vote for it Department’s interpretation, over 1500 need more troops or fewer missions. school districts would lose their Title I Con- and never mind all the bad stuff. I have centration grant in academic year 1999–2000. Mr. Speaker, we have soldiers on food heard that before. I thought it was one The conference agreement includes lan- stamps. This bill is a modest down pay- of the things they were going to guage that clarifies the fiscal year 1999 ap- ment on doing our duty under the Con- change. propriations law to direct the Department of stitution and the laws to the men and So this notion that because there are Education to hold harmless all school dis- women who protect our families and some good things in a bill that has tricts that received Title I Concentration our security. fewer bad things than it used to have, grants in fiscal year 1998. The conference I have heard many arguments we have to vote for it makes no sense. agreement further clarifies that the alloca- against the bill. They change. It funds tions made through applying this hold harm- As for people who tell me we are in a less will not be taken into account in deter- Kosovo. It does not fund Kosovo. It has real rush to do these things, I think I mining allocations under other education offsets. It does not have offsets. It is an remember voting for some of these programs that use the Title I formula as a emergency. It is not an emergency. things several weeks ago. I was not basis for funding distribution. Neither the And now it changes the rules regarding holding it up. Yes, I would vote for a House nor the Senate bills contained these a gold mine in Washington. clean bill very soon. But what is even provisions. Mr. Speaker, let me put this in per- worse is the offsets. The gentleman Mr. OBEY. Mr. Speaker, I yield my- spective. I was talking the other day from Wisconsin correctly pointed out, self 30 seconds. with the gentlewoman from Florida the offsets either are very powerful re- The gentleman acts as though those (Mrs. FOWLER), who serves on the Com- ductions in spending when they are of us on this side of the aisle are not mittee on Armed Services with me. Her trying to sell the bill to the conserv- for funding national security items. neighbor is the wife of a Navy flier. Her atives, or they are nothing when they The amendment that I offered for na- neighbor stopped the gentlewoman talk about their real impact. Well, un- tional security purposes was $4 billion from Florida in the grocery store and fortunately they are not nothing. I above the request by the White House. said, ‘‘My husband has to land his F–18 wish they were. Yes, it is true, and I I know that that is pocket change for on an aircraft carrier at night on a thank the gentleman from New York some people in this House, but from pitching deck and he is not getting the and the appropriations subcommittee where I come from, that is still a lot of training hours he needs because the and others, we will be protecting the money. budget has been cut. He might crash. people who now live in housing with Mr. Speaker, I yield 1 minute to the What are you going to do to help my section 8s. But any Member of this distinguished gentlewoman from Cali- husband?’’ House who has told a constituent, fornia (Ms. LEE). Mr. Speaker, the men and women in ‘‘Gee, I’m sorry you don’t get a section Ms. LEE. Mr. Speaker, I thank the America’s armed services count on us 8, I’m going to try and get you one,’’ gentleman from Wisconsin for yielding to protect them as they protect our anyone here who has looked at an el- me this time. I rise before my col- families and our children and our Na- derly constituent and said, ‘‘Gee, leagues to express my outrage today at tion’s security. This bill is the first ma’am, I really feel for you, I’m going what my colleagues and I are asked to time in 6 years that we are stepping up to do what I can,’’ who then votes for vote on. First of all, the supplemental to our duty. Let us get rid of the poli- this cancellation of $350 million of sec- contains many proposals which I sup- tics, let us get rid of the excuses. The tion 8 vouchers that could otherwise go port, aid to the Kosovo refugees, aid to Committee on Appropriations held to new people is guilty of the worst Americans, including our farmers who tough and stood fast in the conference kind of inaccuracy. are victims of disasters, aid to Central committee. Let us vote for this bill and b American Hurricane Mitch victims and begin the road back to protecting 1945 military personnel pay raises. But, Mr. America’s security. My colleagues can vote to cancel $350 Speaker, this bill is sinister and it is Mr. OBEY. Mr. Speaker, I yield my- million of Section 8 if they want to, cynical. The offsets in this bill are out- self 30 seconds. but they should not then go back to rageous. In order to support the good I would simply say if our friends on their districts and lament and weep for proposals in this bill, we would be the majority side of the aisle were so those who are not adequately housed forced to create an emergency here at concerned about readiness, why is it because actions do have consequences. home. Cutting over $1.2 billion in the that out of the $27 billion that they Yes, it will keep existing people in food stamp program forces many Amer- have added to the President’s defense housing, but all of my colleagues who icans to go hungry. $350 billion in sec- budget the last 4 years that only $3.5 have talked to people on the waiting tion 8 housing programs forces huge billion of that went to readiness and lists, who have talked to others and numbers into shelters and onto already the rest went for pork? said, ‘‘Gee, I would love to help you,’’ crowded streets. $230 million from com- Mr. Speaker, I yield 21⁄2 minutes to it is like the old reverse Houdini. munity development block grant pro- the gentleman from Massachusetts Mr. Speaker, Houdini used to get tied grams which our neighborhoods need (Mr. FRANK). up in knots, and his trick was to get H3262 CONGRESSIONAL RECORD — HOUSE May 18, 1999 himself out of the knots. This bill ties Wye Peace Agreement. But unfortu- While these in and of themselves are ourselves in knots, and then we tell nately, Mr. Speaker, I will not be able not bad, they are not emergencies. people we cannot help them because we to support this legislation because of What is equally troubling is that the are all tied up in knots. the anti-environment and what it does vital programs that poor and elderly Mr. OBEY. Mr. Speaker, I yield 1 to the poor of this country. people rely on have been cut dramati- minute to the distinguished gentleman Mr. Speaker, there are problems in this sup- cally to pay for this bill, 1.2 billion in from Washington (Mr. INSLEE). plemental appropriations bill. food stamp programs, 350 million in Mr. INSLEE. Mr. Speaker, we really As a member of the International Relations Section 8 and 22 million for the labor have a good opportunity here in a few Committee, I have been actively involved in and health. moments jointly on a bipartisan basis, working to secure funding for earthquake relief Mr. Speaker, I strongly urge my col- and that is to pass a motion to recom- in Colombia and military and humanitarian aid leagues to do what Americans expect mit which will take a scalpel out and for Operation Allied Force. I represent one of us to do: Vote no. remove some of the warts from this the largest Colombian-American communities Mr. OBEY. Mr. Speaker, I yield my- bill, and I speak of one wart or three in in the United States, and I adjoin an area in self 30 seconds. the anti-environmental riders; my col- the Bronx which has the largest concentration Mr. Speaker, I simply take this time leagues may have others. of Albanian-Americans in the United States. to notify the House I will be offering a The gentleman from Florida (Mr. I spoke in favor of this resolution when it straight motion to recommit. DEUTSCH) and I will not be allowed to first came to the House Floor. Unfortunately If my colleagues believe that we offer our motion to recommit, and that though, this bill has changed considerably should not be unnecessarily abusing is just fine. We have no pride of author- when it went to Conference with the Senate. the environment, if they believe that ship here. But we do have outrage, and The Senate has added anti-environmental we should not be unnecessarily hurting I have outrage as a new Member of this riders along with a host of individual projects, our ability to help people who des- Chamber, to say that we are going to which have no business in a bill, designated perately need health care, if they be- allow this type of chicanery to go on in ``emergency spending'' lieve that we should not abuse the this House, Mr. Speaker. I support the funding for Hurricane Relief in emergency designation in the budget As my colleagues know, for folks to Central America and earthquake relief for Co- process, then I would invite them to argue on these environmental riders lombia. I support the $6 billion in funding for vote yes for the motion to recommit. that they are really not environ- our military involvement in Yugoslavia and hu- Mr. Speaker, I yield back the balance mental, they think Americans sort of manitarian relief for the front line countries af- of my time. fell out of the back of the rutabaga fected by the flow of refugees escaping Mr. YOUNG of Florida. Mr. Speaker, truck. Do we think that our pilots in Kosovo. And I support the $100 million to Jor- I yield myself the balance of the time. the F–18s want to come home and have dan to help implement the Wye Peace agree- Mr. Speaker, first I would like to us reduce their environmental protec- ment. And I support our United States Military compliment the Chair for having kept tions? I do not think that is what we who deserve a pay raise for the hard work and maintained order throughout this they do to protect our freedom at home and are asking us to do. Do we want the debate. I would like to compliment the abroad. sailors on those ships, are they sending gentleman from Wisconsin (Mr. OBEY) These are a few of the good things, now and the members of the minority party us E-mail asking us to reduce environ- let's talk about the bad things: $9.2 million for mental protection? I do not think they for the responsible way in which they car washes in Germany and bachelor quarter have conducted themselves in this de- want that. If my colleagues believe housing in Southwest Area, three anti-environ- bate and certainly my colleagues on that environmental riders are wrong, mental riders which provide sweetheart deals the Republican side for having stood they should vote for this motion to re- to mining companies and cheat American tax- strong for the legislation that we were commit. payers, $1.2 billion cuts from Food Stamps, able to put together over a lengthy Mr. OBEY. Mr. Speaker, I yield 1 $350 million cuts from Section-8 housing and process of conference, and I would also minute to the gentleman from New a variety of spending that was not even in- like to thank, Mr. Speaker, the staff of York (Mr. CROWLEY). cluded in the Pentagon's 5-year budget plan. (Mr. CROWLEY asked and was given Mr. Speaker, because of these offsets and the Committee on Appropriations, the permission to revise and extend his re- the budget busting spending, I will have to majority staff and the minority staff, marks.) vote to oppose this supplemental bill and en- and I can tell my colleagues they Mr. CROWLEY. Mr. Speaker, there courage my colleagues to defeat this bill, go worked. The Members thought they are problems in the supplemental ap- back to conference and produce a better bill worked long, hard hours, and the staff propriation bill. As a member of the that will gain the support of all of our mem- worked longer and harder hours be- Committee on International Relations, bers. cause when we made the decisions, I have been actively involved in work- Mr. OBEY. Mr. Speaker, I yield 1 staff had to put them on paper and get ing to secure funding for earthquake minute to the gentleman from New them ready to present to the House. I relief in Columbia and military and hu- York (Mr. MEEKS). want to thank the Committee on Rules manitarian aid for Operation Allied Mr. MEEKS of New York. Mr. Speak- for being willing to wait for us late Force. I represent one of the largest er, I rise this evening in opposition to Thursday night and being willing to Columbian-American constituencies in the emergency supplemental appro- come in yesterday when there was no the United States, and I adjoin an area priation conference report. business in the House in order to actu- in the Bronx which has the largest con- This bill is loaded with non- ally meet and grant a rule for this bill. centration of Albanian-Americans in emergency spending that undermines Mr. Speaker, I also want to thank the U.S. I spoke in favor of this resolu- the budget appropriation process but the President of the United States be- tion when it first came to the House satisfies the special interests. While I cause he supports this bill, and I would floor. Unfortunately though this bill strongly support the emergency fund- also like to thank the President of the has changed considerably when it went ing for our military in Kosovo and for United States for not only supporting to the conference with the Senate. The a pay raise for our troops and for dis- the offsets that have become somewhat Senate had added anti-environmental aster relief efforts, I strongly object to controversial here this evening, but riders along with a host of individual the unnecessary spending disguised as having recommended the one major projects which have no business in this emergency spending for such things as offset that has received so much atten- bill. I support the funding for hurricane 3.8 million for the House Page Dor- tion, and that is the food stamp offset. relief in Central America and earth- mitory, establishing a pilot program America’s economy is good. The de- quake relief in Columbia, I support the within the Library of Congress to bring mand for food stamps has been reduced. 6 billion in funding for our military in- up 3,000 emerging Russian political There is a substantial amount of funds volvement in Yugoslavia and humani- leaders to the United States, 475 mil- for fiscal year 1999 in the food stamp tarian relief for the front line countries lion in unrequested funds for overseas program that will not be spent, and so effected by the flow of refugees escap- military construction, 3 million for the we have agreement with the adminis- ing Kosovo, and I support the $100 mil- United States Commission on Inter- tration to use that as the basis for our lion to Jordan to help implement the national Religious Freedoms. offsets, and I would point out that the May 18, 1999 CONGRESSIONAL RECORD — HOUSE H3263 nonemergency sections of this bill are moratoriums on new oil and gas royalties reg- We are all acutely aware of the actual with- offset. ulations and new mining regulations, and a holding of food stamps from eligible individuals Now many have stood here and said green light for operations to commence at the in New York City. As those who are eligible for they would vote against the bill, but ``Crown Jewel'' mine in Washington state. The food stamps are kept from accessing the pro- they refer the farmers, they refer the President requested a $6 billion dollar bill, and gram, we are seeing a marked increase in the soldiers and the sailors. Do not vote we will send him a $15 billion dollar bill that use of soup kitchens and food pantries. In Mil- against them. If colleagues are for the majority readily admits is being used to waukee, a full 50 percent of those people who them, do not vote against them. A no dodge the budget caps for fiscal year 2000. In are using these facilities for food are children. vote on this conference report is going addition, this measure contains funding for nu- This is a disgrace. merous items that can with little credibility be to be a vote against America’s farmers We have also been withholding food stamp defined as emergencies, that will sadly who need help and who need it today, eligibility for hard working legal immigrants. I and this bill addresses that aggres- enough be paid for with Social Security sur- pluses. We must take Social Security off- have proposed legislation, ``The Fairness for sively. A no vote will be a vote against Legal Immigrants Act'' to rectify this unfair the victims of disasters not only here budget and reform the procedures for emer- gency spending. treatment. These unspent dollars could be at home in the United States, but at going to correct this injustice, rather than off- our friends and neighbors in Central Mr. Speaker, as disappointing as they are, these facts do not change the fact that our setting a bill that does not require offsets and America. A no vote will be sending a is only 10 percent offset, anyway. message to Milosevic that we are not farmers are hurting, and that they have waited really serious about bringing him to too long to get the relief this bill contains. Rather than revoking funds that should be heal. He does not need to get that mes- There are people in the Midwest that are try- spent on providing food to America's working sage, he has got enough problems al- ing to repair their lives after devastating nat- poor, we should be focusing on making certain ready. A no vote will be against those ural disasters, and I believe the federal gov- that all children and families who are eligible soldiers and sailors and airmen and ernment should do all it can to assist them. and require food assistance have access to marines and coastguardsmen who are This country currently has young men and what they are entitled to. involved in this conflagration, or war, women engaged in military actions overseas, I also object to several of the legislative rid- or call it what you will in the Balkans, and we owe it to them to provide the nec- ers attached to this bill. Included among the essary resources to keep them as safe as and, yes, the Coast Guard is involved. many non-germane elements to the emer- possible. At the same time, our troops have When America goes to war, the Coast gency supplemental appropriations bill, the for too long lived on substandard wages and Guard goes to war, and there are two provision related to the state-tobacco settle- we must honor the commitment they made to Coast Guard ships tonight steaming to- ment is one of the most perplexing. There is this country with their service. While I have lit- ward the Balkans to join other Coast bipartisan support for letting the dollars won in tle good to say about the process that has Guard vessels that are already there these lawsuits to remain with the states, but brought us to this point, these are worthy ef- dealing with the Bosnian issues. And a what is disturbing is the exclusion of any forts, and I will support them. no vote would be against reinvesting guidelines on how states can spend these Mr. LEVIN. Mr. Speaker, I rise in support of some of our resources to start to re- monies in the provision included in this bill. the conference report. The House should build our national defense capabilities Logically, the tobacco money should be used move quickly to approve the urgently needed that have been stretched so thin that, funding to continue NATO's military operations to fund states' health care programs and re- if one of the other MRCs in the Korea against Slobodan Milosevic's forces in lated tobacco-prevention programs. This region or Iraqi region were to happen Kosovo. In addition, the conference report money should not be used to build highways tonight or tomorrow, we would be in contains emergency funds to assist the or post offices. trouble. Kosovar refugees who are the innocent vic- Despite the inclusion of such unwelcome So, if colleagues are for all of these tims of Milosevic's aggression. Finally, this legislative riders, I urge my colleagues to ap- things, they cannot vote against the legislation includes long overdue disaster relief prove the conference report. Failure to act on bill. for the Central American countries that were this bill would have a severe and negative im- So I would hope that everyone will devastated last year by Hurricanes Mitch and pact on our nation's efforts to stop Slobodan seriously explore their conscience and Georges. Milosevic's aggression in the Balkans and understand that the things they dis- Although I will vote for the bill, I want to bring relief to Kosovar refugees. agree with are minor compared to the state for the record that I strongly oppose the good things that this bill provides. Mr. DAVIS of Illinois. Mr. Speaker, as a spending offsets contained in the conference Member of the Census Subcommittee, I am America needs this bill. Our soldiers, report. It is my understanding that we have and sailors, and airmen, and marines glad to see that this measure provides for the offset only about ten percent of this bill and of continuation of the Census beyond the June and coastguardmen need this bill. that ten percent, the lion's share will be fi- Ms. STABENOW. Mr. Speaker, I rise to re- 15 deadline; I support our nation's efforts to- nanced on the backs of our nation's working wards NATO's peacekeeping goals; and I sup- luctantly support this legislation, because I am poor. port relief for those victims in Central America in favor of its original goal of providing assist- I am particularly concerned abut the $1.25 and the Caribbean. However, I cannot tell my ance to three important and deserving groups: billion rescission in funding for the food stamp constituents back home that I turned my back our troops abroad and at home, our farmers program. We have seen disturbing statistics in on some of our nation's most vulnerable, who have endured brutal economic conditions, my state of Michigan and across the country some of my district's most vulnerable. The and hurricane victims in Central America and that the food stamp case loads have been poor who need food stamps or section-8 as- the Caribbean. Ultimately, I believe these true dropping at an alarming rate. Indeed, census sistance. emergencies still deserve our support, and I data shows that food stamp case loads are will not vote against them. I will vote for the dropping far faster than the rate of poverty. Mr. Speaker, when I grew up, I was taught motion to recommit, because I know we can Studies show that one of the key reasons that patience is a virtue, do unto others as you do better. for the decline in the food stamp caseloads would have them do unto you and that a na- Mr. Speaker, the bill before us is an exam- and the resulting unspent programmatic dol- tion can only be as great as its weakest and ple of Washington at its worst, of a spending lars is that states have done a poor job in let- most vulnerable because their voices often are mentality that still pervades, and highlights ting people leaving the welfare rolls know that not heard in the great decision and influence- budget rules that must be amended. We have they are still eligible for food stamps, even making centers of our society. The attack on again seen the conference process lead to ex- though their wages leave their families in need the nation's poor is alarming. These constitu- cess, with the result being a bill that has be- and eligible for Food Stamps. A recently pub- ents don't have the money to hire a slick lob- come the vehicle for too many pet projects. lished Florida study showed that 58 percent of byist to cut a deal for them in order to secure While many environmental riders were re- people leaving the TANF rolls did not know their interests. Public housing residents are moved, three still remain: an extension of that they were eligible for food stamps. easy targets. Oftentimes they are poor, H3264 CONGRESSIONAL RECORD — HOUSE May 18, 1999 uneducated, un-employed, unskilled, un-orga- Mr. Speaker, when history looks back on However, I am disappointed that within that nized, un-registered, under-fed, undernour- this legislation, it will be seen as a deal that emergency supplemental appropriations bill ished and physically segregated. served the tobacco interest, not the public there were substantial increases in defense Mr. Speaker, the 7th Congressional District health interest. I strongly believe that it is the spending, above what the President requested of Illinois has more public housing residents height of irresponsibility for the Congress to and outside of the normal process by which than any other Congressional District in the give away billions of federal health care dol- those items would be funded. nation, second to only one district in New lars for nothing. I strongly urge my colleagues This appropriations bill nearly doubled the York. Two-thirds of all public housing residents to vote no on H.R. 1141. amount the Department of Defense and the in Chicago, reside in the 7th Congressional Mr. SHAYS. Mr. Speaker, I voted for both President requested for the Kosovo operation. District. If the people in public housing were a supplemental appropriation bills. Included in the bill were many programs and separate city in Illinois, it would be Illinois' sec- I voted for the bill to assist Hurricane Mitch projects that are not, in my view, emergencies. ond largest city. When the Section 8 list victims because this House made a good faith I do not question the validity of these projects opened in July of 1997, the Chicago Housing effort to offset the spending costs. or programs, in fact I would likely support Authority Corporation (CHAC) received over I voted for the defense spending package some of them. However I am opposed to 150,000 applicants; only 25,000 applicants because there is a war in Kosovo and we highjacking the process by which the House were allowed to be placed on the list via lot- need to pay for it. normally considers such expenditures. tery; of that 25,000 on the lottery listÐonly ap- But this Conference Report reflects the old, We have many issues to address including proximately 3,000 have received Section 8 tired ways I thought we had put to an end social security, medicare, home health, edu- certificates, to date. when the Republican majority was elected in cating our children, making our communities What we don't know is how many women, 1994. more livable, preserving our national re- children and families in the absence of Section Mr. Speaker, last week, 381 Members voted sources, and the list goes on. Whatever your 8 will have no other alternative. for the Upton Motion to Instruct Conferees to particular view on these issues they should be Mr. Speaker, in the name of fairness and pass a clean emergency spending resolution. debated and prioritized through the normal justice; in the name of commitment to all When I spoke on the floor during debate, I budget process. Using emergency appropria- AmericansÐrich or poor, black or white; and said that if we are sent a conference report tions bills to fund programs normally consid- in the name of one nationÐrather than 2Ð that does not abide by what we were saying ered through the regular authorization/appro- rather than a nation divided between the there, that we vote against it and defeat it. priations process means there will be fewer Today, the consistent vote for those 381 haves and the have-nots; I cannot support this resources to address the issues of great na- Members is for the Motion to Recommit this attack on some of our nation's most poverty- tional importance. In addition, the critical na- Conference Report because it clearly does not stricken citizens. I cannot support this cut in ture of future emergencies is diminished. abide by what we said. section 8 housing and good stamps. There- The full House should have the opportunity In fact, it includes three egregious anti-envi- fore, I cannot support this emergency supple- to debate what our national priorities are and ronmental riders. None of which was included at what level to fund them. Corrupting the nor- mental appropriations bill. in the House-passed legislation, and one of Mr. WAXMAN. Mr. Speaker, I rise in strong mal budget process by using emergency which was not in either the House or the Sen- opposition to H.R. 1141, the Emergency Sup- spending bills does not provide the House with ate bill. the opportunity to sufficiently consider and plemental Appropriations Conference Report. The most harmful rider allows the Crown This bill contains a myriad of provisions of the prioritize many worthy programs. Jewel mine in Washington State to proceed Again, I am voting in favor of the Kosovo worst sortÐriders slipped in without ever with a mining proposal despite the rejection for supplemental appropriations bill because I be- being considered by the full House. a permit by the Department of the Interior. lieve it is absolutely necessary to provide our One rider stands out among the rest as This rider would allow the Crown Jewel troops with the tools and support they need to being particularly ill-conceived and short-sight- mine to blast off the top of Buckhorn mountain complete their mission. I do not, however, ed: the provision to completely give up the to extract only a pickup truck worth of gold. support abusing this bill and the legislative federal share of the tobacco settlement with- Another one prevents the Bureau of Land process. out any commitment by the states to improve Management from issuing its final hardrock Mr. COLLINS. Mr. Speaker, the post World public health. mining regulations until well in 2000. War II, culturally diverse Socialist Federal Re- Ten years from now, people will look back Thus tacitly sidelining environmental protec- public of Yugoslavia was comprised of a num- on this legislation and ask how Congress tions for more than a year, giving companies ber of different ethnic groups living together could give away nearly $140 billion federal carte blanche mining privileges on public land. under the rule of Josip Broz Tito. The death of health care dollars without guaranteeing that And the last one also delays environmental Tito and the ensuing breakdown of the com- even a single penny would be spent on public protection regulations designed to close the munist world led to the partitioning of the health. They will ask how Congress could loophole allowing big oil companies to con- Yugoslav federation into semi-autonomous overturn thirty years of Medicaid lawÐwithout tinuing evading their responsibilities in paying states. The partitioning of the federation led to a single hearing so that members could under- off their share of off-shore oil drilling. increased instability and animosity between stand the ramifications of the legislation and Oil companies have been undervaluing oil the different ethnic groups. without any action by the full House so that royalties for years, and this rider bars the Min- In 1987, Slobodan Milosevic came to power Members could debate and vote on the issue. eral Management Service from promulgating as Yugoslav president. The different provinces This provision has no business being on an regulations prohibiting this practice. of Yugoslavia had been treated as equal enti- emergency supplemental appropriations bill I urge the rank and file members of this ties, but in 1989 Milosevic abolished the semi- that provides disaster aid for Central America House to stand up and oppose this con- autonomous status of Kosovo, which is com- and funds for military operation and refugee ference report. prised of 90% ethnic Albanians. Although Al- relief in Kosovo. Mr. WEYGAND. Mr. Speaker, over the past banians are the overwhelming majority, the It is not an emergency appropriation issue in three weeks the House debated the current Serbs consider Kosovo to be an historic land- any sense. What it is, however, is one of the situation in Kosovo. Our discussion began with mark where their ancestors attempted to fend biggest giveaways of federal health care dol- a debate on Congress' role in the foreign pol- off the assault of the Ottoman Empire, and lars I have seen in my entire congressional icy decision making process and concluded these conflicting interests have led to great career. with funding proposals for the ongoing military controversy and fighting. The size of this giveaway is breathtaking. operations in Kosovo. In 1991, Slovenia, Croatia, and Bosnia de- Nearly $140 billion federal health care dollars During the first week of debate, I opposed clared independence from Yugoslavia. Al- are being given to the states to spend as they three resolutions that I believe sent the wrong though Milosevic had sought to protect the please. That is enough to pay for the existing message to our troops, allies, and enemies. Serb influence in those countries, the Serb out-of-pocket prescription drug costs for every The message was that the United States was populations were so small in Slovenia and single Medicare beneficiary who currently not committed to ending the tragedy in Croatia that it was not feasible to fight for po- lacks prescription drug coverage. Yet these Kosovo. Last week I voted in favor of the litical control. Milosevic was, however, a major federal health care dollars are being relin- emergency supplemental appropriations bill. I instigator of the all-out war for control of Bos- quished with absolutely no commitment that did so to show my continued support of our nia, where there was a very large Serbian the states spend the money on improving pre- troops and because I believe it is important to population. A peace agreement to end the vent youth smoking, improving public health, provide them with the tools they need to com- Bosnian war was signed by the warring parties or increasing access to health care. plete their mission. in late 1995. May 18, 1999 CONGRESSIONAL RECORD — HOUSE H3265 The conflict over Kosovo has continued to Congress has no means of direct recourse ing for our past commitments. But I do not heighten. When Milosevic revoked its auton- against Milosevic, so we are left to deal with support a blank check for unlimited defense omy, many Kosovars said they would settle for the other leader, our Commander in Chief, spending, I do not support adding billions of nothing less than complete independence, and who has chosen to continue the engagement. dollars of pork barrel projects, and I certainly since 1995, the Kosovo Liberation Army (KLA) I believe the President's actions are dan- do not support trying to use this must-pass bill and Serb policemen have been fighting for po- gerous to this country. He has placed our men as a sneak attack on our environment. litical control. Milosevic's desire to maintain and women in harms way, yet continues to Yes, let's help the refugees and provide the the integrity of the Yugoslavian territory and oppose providing the resources to support limited funding originally requested by the the historical value of Kosovo, coupled with them. He has yet to recognize the ramifica- President for the Kosovo crisis. Let's also pro- the Kosovar Albanians' drive for independence tions of his drastic downsizing of our military. vide the other emergency funding needed to has evolved into today's conflict. But his deployment in the Balkans has ex- pay for agriculture disasters and for the dam- Aggression has continued to escalate, and posed the critical nature of the situation. The age caused by Hurricane Mitch. And that's all after failed attempts at a diplomatic resolution, armed forces' ability to prevail in two major we should be paying for. NATO air strikes began on March 24, 1999. theaters of conflict in a reasonable amount of The fact that the majority is trying to use The air strikes, however, have neither pre- time and with minimum casualties has long this bill to circumvent mining laws and line the vented nor hindered Milosevic's violent reign. been the acceptable level of defense. The pockets of oil companies is a perfect example Indications are, in fact, that violence has ac- President has created a third combat theater of how this bill has gotten out of control. I for celerated since the air strikes began. of contingency operations which the military is one will not stand for this assault on our envi- While humanitarian issues are of grave con- not prepared to handle. ronment. I call on the majority to take this bill cern, the effectiveness of the NATO air strikes It has been reported: back to the drawing board and remove these remains questionable. Having recently traveled ÐThe U.S. Army conducted 10 operational anti-environmental provisions as well as the to Tirana, Albania, and Skopje, Macedonia, I events from 1960±1991, 31 years. Since extra billions of dollars in unrelated spending have witnessed first-hand the humanitarian cri- 1991, the Army has conducted 26 operational that they put in it. No to pork barrel projects, sis facing Europe. I have also participated in events. At the same time, the President has no to unlimited defense spending, and no to extensive briefings on the crisis by Supreme drastically reduced our military capabilities. environmental riders. Allied CommanderÐEurope (SACEUR) Gen- ÐSince 1987, active duty military personnel I urge my colleagues to vote ``no'' on this eral Wesley Clark. There is no question that have been reduced by more than 800,000. In supplemental appropriations agreement. the situation on the Balkan Peninsula is grim. 1992, there were 18 Army divisions. Today The question that remains is what the United there are 10. In 1992, there were 24 fighter Mr. WU. Mr. Speaker, I rise today in opposi- States and its European partners in NATO wings. Today there are 13. In 1992, there tion to the Supplemental Appropriations Con- should do to end the violence and help rebuild were 546 Navy ships. Today there are less ference Report, and in support of the motion the lives of hundreds of thousands of Kosovar than 330. to recommit offered by Congressman DEUTSCH Ablanians that have been driven from their ÐOn recent inspection of one base, and Congressman INSLEE. homes. Lemoore Naval Air Station, in California, it was This bill contains anti-environmental riders Slobodan Milosevic is a shrewd and experi- found that 43% of the Hornet strike fighters inserted in dark of the night. enced military commander who has used mili- were ``not flyable'' due to a lack of parts. The Mr. Speaker, I have only served in this tary power to expel the Kosovar Albanian squadrons had 61% fewer jet engines than House for four months, but I can tell you al- rebels (the Kosovar Liberation Army or KLA) needed to keep all their aircraft flying. ready that this is NOT how we should go from Kosovo and to put extensive defenses in ÐIn order to carry out operations in Kosovo, about passing substantive legislation. place in Kosovo, significantly enhancing his the President ordered a temporary suspension The people of Oregon, three thousand miles military position on the ground. President Clin- of enforcement in the Iraqi Northern no fly away from this House todayÐhave entrusted ton and the other 18 NATO leaders have, on zone; removed a carrier battle group from the me with the responsibility to represent themÐ the other hand, allowed political considerations Western Pacific; called 33,102 reservists; and and to keep a watchful eye out for this kind of to govern military decisions in the air cam- committed nearly 7 of the American military's reckless activity. paign. In spite of the campaign, ethnic cleans- 20 combat air wings. Mr. Speaker, none of these provisionsÐ ing has accelerated and the FRY military has ÐIf there were another military flare-up which are so damaging to our natural environ- now fortified its southern defenses, presenting somewhere else in the world, the U.S. would mentÐpassed either the House OR the Sen- a greater threat to a potential invasion force not have the military resources to respond. ate. today than was present when NATO bombing Over the past many months, I have joined We have a system of public scrutiny and ac- began. other Members of the House and Senate in countability in AmericaÐthis bill attempts to Because NATO air strikes have little chance exercising my Constitutional duty to prevent sneak by those mechanisms. of accomplishing their stated goals, and be- Presidential actions detrimental to our country. This attempt to sneak anti-environmental cause the human and economic costs of This extended to voting to impeach. However, stealth riders under the noses of the American launching a ground campaign far outstrip the all efforts to curtail these actions have failed. people is unacceptable. The three anti-envi- potential benefits of such an action, I believe I can assure you, however, I will not fail in my ronmental riders that have been included in that the NATO air campaigns must stop imme- Constitutional duty to protect the security and conference, have not had to face public scru- diately. It is time for NATO to seek a nego- freedom of this nation, and most importantly, tiny. tiated settlement that will allow the Kosovar Al- to protect those who defend it. banians to begin to rebuild their lives. Ms. WOOLSEY. Mr. Speaker, I rise in One of the stealth riders inserted behind I have represented the views of many of my strong opposition to this conference report for closed doors will effect my constituents who constituents throughout this crisis and have several reasons. First and foremost, it is a live along the Columbia River in Oregon. exercised my conscience and judgment in runaway train of unauthorized spending that By reversing the Interior Solicitor's opinion doing everything possible to end the Balkan circumvents the regular appropriations proc- to limit the size and number of waste sites as- conflict. I voted against sending ground troops ess. There is additional spending in this bill I sociated with hardrock mining, river and to the area. I voted against continuation of air would support under the normal appropriations groundwater sources will be jeopardized by strikes, I voted to withdraw our troops, and I process such as the military pay raise. But acid mine drainage and heavy metals, such as voted to prohibit the President from sending there are many more proposals I would not arsenic. ground troops without the express authoriza- support and I will not be railroaded into voting Mr. Speaker, we have a responsibility to the tion of Congress. However, despite the clear for them as part of a catchall spending bill. American people to call this legislation for messages of opposition form the U.S. House While I oppose our current intervention in what it isÐback-roomÐstealth destruction of of Representatives, the war continues. Now Kosovo and I firmly believe we should stop the our natural environment. only two people can stop it: President Clinton bombing right now and work towards peace, I I urge my colleagues to support the or Yugoslav President Slobodan Milosevic. understand and support the necessity of pay- Deutsch-Inslee motion to recommit. H3266 CONGRESSIONAL RECORD — HOUSE May 18, 1999 Mr. KIND. Mr. Speaker, I rise today in oppo- As background, the Health Care Financing However, states have not yet received any sition to the Emergency Supplemental Appro- Administration first asserted a claim to states' funds under the multi-state settlement. With no priations Conference Report because it is fis- settlement recoveries in a letter to state Med- much money in question, not only is it unwise cally irresponsible. While I supported the sup- icaid directors in late 1997. The agency based for states to obligate these funds, some states plemental bill that passed the House last week its assertion on provisions of the federal Med- are constitutionally unable to appropriate because it provided funding for our troops, I icaid statute which allow recoupment of ``over- them. nevertheless hoped the Conferees would keep payments.'' For this reason, states are establishing trust the emergency funding for emergency reasons In a subsequent hearing before my Health funds, endowments, and foundations as mech- only. I was hopeful that in matters of war and and Environment Subcommittee, the Adminis- anisms for receiving the settlement funds, peace, life and death, this House would play tration agreed to withhold attempts to recover many of which will be targeted to tobacco pre- it straight and work in a bipartisan fashion to state settlement funds until Congress had an vention and other health-related programs. support true emergency items. This bill, how- opportunity to address the subject in federal Over a dozen states have already committed ever, has become a back-door loophole to in- legislation. At that time, only three statesÐ to creating a dedicated trust fund or devoting crease spending for non-emergency items. Florida, Mississippi and TexasÐhad secured considerable settlement revenues to smoking While I support legitimate emergency fund- tobacco settlement agreements. cessation programs. ing itemsÐaid to disaster victims in Central Last year, 46 states and the District of Co- In Maryland, for example, a fund was re- lumbia negotiated a multi-state agreement America and tornado ravaged communities in cently established to receive the state's share under which the industry will pay $206 billion the central United States, relief for struggling of the multi-state settlement. By law, the funds over the next 25 years. Previous settlements family farmers, and resources to support our must be spent through the annual budget by the states of Florida, Texas, Mississippi troops in KosovoÐthis body has unfortunately process, and the Governor must include either resorted to old-styled pork barrel politics. and Minnesota will total $40 billion over the $100 million or 90 percent of the funds esti- Members should not load up this emergency same period. mated to be available, whichever is less, in bill with their own pet projects. These funds are now in serious jeopardy, This bill contains over $5 billion in excess however, because the Department of Health the proposed state budget. funding, anti-environmental riders and cuts to and Human Services has renewed its plans to North Carolina, one of the largest tobacco- important programs to offset a portion of the seize a large portion of the states' recoveries. producing states, recently enacted a proposal excess spending. The so-called ``emergency'' The President's Fiscal Year 2000 budget pro- that dedicates 25 percent of its settlement re- items in this Conference report include $1.3 poses to withhold almost $5 billion per year coveries to benefit public health. million for a world trade conference in Seattle, from federal Medicaid payments to states be- The State of Utah, which has one of the over $3 million to refurbish the dorm for House ginning in Fiscal Year 2001. This amount rep- lowest rates of tobacco usage in the nation, pages, and a $700,000 increase for House resents about half of what the states would re- has spent millions of dollars to implement ag- leadership office budgets. These items may be ceive under the multi-state settlement. gressive initiatives. A restricted account has necessary, and can be debated in the normal This proposal to raid states' settlement been established for the use of tobacco settle- authorization and appropriations process, but funds is a thinly-veiled attempt at highway rob- ment funds, with high priority given to funding they certainly are not emergency projects. bery. A number of states did not even assert tobacco prevention and cessation programs, It is fiscally irresponsible to fund non-emer- Medicaid claims in their tobacco lawsuits. particularly among teens. gency budget items using the Social Security Other states' Medicaid claims were dismissed California also devotes considerable re- surplus in an attempt to circumvent the budget by the courts, and some states did not sue at sources to programs to discourage smoking. caps. And it is just plain wrong to take advan- all. In addition, states' lawsuits raised a variety In 1988, California took the lead in promoting tage of our troops in the field and victims of of claims, including consumer protection, rack- tobacco-related health education by passing real disasters to spend taxpayer dollars reck- eteering, antitrust, and civil penalties for viola- Proposition 99. Through the initiative, Cali- lessly and carelessly. We should defeat this tions of state laws. fornia spends nearly $370 million per year on report and instead pass a true emergency Ironically, the dispute regarding the status of health and tobacco-related education and re- funding bill. these fundsÐand resulting budgetary uncer- search programs. Mr. BILIRAKIS. Mr. Speaker, I rise in sup- taintyÐhas prevented states from moving for- Proposals to require states to dedicate a port of H.R. 1141, the Supplemental Appro- ward with new initiatives to reduce teen to- portion of their tobacco settlement funds to priations Conference Report, which includes bacco use and improve public health. Many anti-smoking programs ignore the fact that provisions to protect state tobacco settlement state legislatures are currently in session, and states are already investing in tobacco control recoveries from seizure by the federal govern- budget negotiations are reaching conclusion. and other public health initiatives. ment. As Chairman of the Health and Environ- Congressional action is needed to ensure that Clearly, states have been leaders in the to- ment Subcommittee, I have worked on a bi- state legislatures can appropriate settlement bacco debate. Their landmark lawsuits against partisan basis to protect the settlement funds funds with confidence. the tobacco industry were solely state efforts. obtained by Florida and other states in their We should also recognize that state officials States assumed the financial risk of legal ac- are just as accountable to the voters as fed- lawsuits against the tobacco industry. tion to pursue these claims, and their tax- eral representatives. States don't need to be The language of the conference report is payers are entitled to the reward. similar to H.R. 351, legislation I introduced in told to fund public health programsÐthey are In fact, the federal government was invited the House earlier this year. This proposal en- already doing it. to participate in these lawsuits, but it declined. joys the bipartisan support of over 130 co- In my own State of Florida, all settlement In a letter to then-Florida Governor Chiles sponsors. It has also been endorsed by the proceeds are dedicated to funding important dated June 6, 1995, Attorney General Janet National Governors Association, the National public health initiatives, including an innovative Reno stated: ``At my request, the Depart- Conference of State Legislatures, and the Na- advertising campaign targeted at reducing to- ment's Civil Division has been monitoring the tional Association of Attorneys General. bacco use by minors. Federal seizure of a The conference report provisions were origi- portion of these funds would essentially ``de- tobacco litigation. Thus far we have not been nally adopted as an amendment in the other fund'' these critical programs. persuaded that participation would be advis- body, and they were retained by the conferees In addition, the Florida Legislature recently able. We will continue to actively monitor in the bill before us. These provisions prohibit approved funding for the Lawton Chiles En- these cases, however, and will reconsider this the Department of Health and Human Serv- dowment Fund proposed by Governor Jeb decision should circumstances persuade us ices from treating funds recovered by the Bush. The endowment sets aside $1.7 billion otherwise.'' states from tobacco companies as an over- of the state's tobacco recoveries to provide a The Department did not reconsider, and payment under the Medicaid program. perpetual source of funding for children's states were forced to bear all of the expense As approved by the other body and incor- health programs, child welfare, community- and risk of litigation. It is important to note that porated in the conference report, this lan- based health and human services, and re- these were unprecedented lawsuits against a guage does not restrict the use of state funds. search. well-financed industryÐwith a highly uncertain The choice before us, then, is simple. Mem- Other states are also directing significant re- likelihood of success. bers can either support this measure and pre- sources to smoking cessation efforts. Many States assumed the financial risk of lawsuits vent a raid on state treasuriesÐor, they can states have invested years in program design, to recover tobacco-related health care costs, oppose the bill and let the federal government modification, and evaluation to determine the and their taxpayers are entitled to the reward. seize over half of their states' hard-earned re- best ways to prevent young people from using The federal government should not be allowed coveries. tobacco. to raid state tobacco settlement recoveries. May 18, 1999 CONGRESSIONAL RECORD — HOUSE H3267 For all of these reasons, Mr. Speaker, I urge The end result is that the fundsÐwhich ev- the integrity of the process.'' Apparently that Members to support passage of H.R. 1141, eryone agrees should be used in large part to integrity has yet to be restored. the Supplemental Appropriations Conference reduce youth smoking and improve public Mr. Speaker, how quickly we have forgotten Report. healthÐwill sit in bank accounts doing nothing the lessons of last fall. I regret being put in a Mr. BLILEY. Mr. Speaker, I rise today in well into the next century. That is a result that position of voting against poorly crafted legis- support of the conference report on the Emer- none of us wants. lation that includes some goals I support. I re- gency Supplemental Appropriations bill. This I have every confidence that other States, if mind my colleagues that the Administration legislation rushes aid to people in need all they are allowed to proceed with their plans, originally requested $7.3 billion total for over the world and here at home. It also pro- will follow the lead of my own State of Virginia. Kosovo and natural disasters. Today's legisla- vides badly needed funds to modernize and Virginia has already pledged most of these tion has been ballooned to $15 billion. I urge improve our military readiness and to support funds to reduce smoking among teens and a vote against this bill. Let's support our NATO so that we can bring the conflict in young adults, to improve access to healthcare troops and assist those victims of natural dis- Kosovo to a speedy and successful conclu- for children, and to assist tobacco farmers and asters who are truly in a state of emergency, sion. workers in their transition to other industries. but let's do it the right way. And while I routinely oppose legislative rid- Many States have similar programs planned or Mr. SAXTON. Mr. Speaker, the conference ers on appropriations bills, I also support the underway, while others are waiting for Con- report for H.R. 1141, the Emergency Supple- legislative language included in this bill to ad- gress to resolve the question of who can lay mental Appropriations Act, contains good dress the treatment of the State tobacco set- claim to the money. news for northeastern striped bass and blue tlement funds under Medicaid. This language, Mr. Speaker, if Members believe that we fish fishermen. That's because important food identical to the bill introduced by the Chairman need to do more to discourage youth smoking, sources for these speciesÐherring and mack- of the Health and Environment subcommittee, they need to vote for this bill and support this erelÐhave been protected by virtue of a provi- Mr. Bilirakis, amends the Medicaid statute to language. They need to resist efforts to ear- sion in this bill. clarify that the States will be permitted to keep mark a percentage of these funds to their fa- The provision would prohibit the National the tobacco settlement funds for the benefit of vorite project. They need to trust the States to Marine Fisheries Service from issuing permits their own citizens. He deserves a great deal of do the right thing. to allow large factory-type trawlers into the credit for his hard work on this issue. Mr. Speaker, I urge my colleagues to sup- herring and mackerel fisheries without the ex- All of us have heard from our governors, our port this bill, to support this language, and to pressed consent of the governing Fishery State legislators, and attorneys general about oppose efforts to strip out this language. Management Council under the Magnuson- how important this language is to our States Mr. KLECZKA. Mr. Speaker, I rise in opposi- Stevens Act. Why is Congressional interven- and our constituents. They told us about their tion to the Emergency Supplemental Appro- tion in management of these two species plans to reduce smoking among the youth, priations Conference Report before us today. needed? Herring and mackerel are two fish- and to improve access to healthcare for chil- I oppose this $15 million bill because it con- eries on the East Coast that have not been dren. They have argued that they were the tains authorizations that do not belong in an fished to the limitÐYET, and these fish are a ones who took the risk to recover these funds, emergency bill and it includes spending provi- major food source for at least two near shore and the Federal Government should leave the sions for non-emergency purposes that should species, stripers and bluefish, that are favor- States alone. These are all excellent argu- be debated in the normal appropriations proc- ites of recreational fishermen. ments, but the most important argument for ess. Over the last several years, mackerel world why we must act now is the reality of the situ- The authorizations in this conference report market prices have increased substantially be- ation. should be contained in authorizing legislation, cause Eastern European countries can no Some States, like Florida, settled their suits not in an emergency appropriations bill. These against the tobacco companies before the longer depend on government price supports, provisions include prohibiting the federal gov- States entered into the ``master settlement which kept prices artificially low for decades. agreement'' and have already received their ernment from both recovering part of the $246 This has created new fishing pressure. Herring first payments from the tobacco companies. billion tobacco settlement and placing restric- populations have recently recovered from se- The other States expect their first installments tions on how states could use such funds; re- verely low numbers. The population collapsed by the year 2002. The States are trying to moving the restriction on FY 1999 funding for in 1978 after years of over fishing, mostly by make budget decisions while the Administra- the Census Bureau; extending an existing foreign factory trawlers. Now, largely because tion has reversed course and is indicating that moratorium on revising the way crude oil from of the exclusion of foreign vessels under the it will seek reimbursement for it's share of the federal lands is valued in order to determine original Magnuson Act and the lack of a major Medicaid costs. The States disagree with the federal royalities from the leases; and exempt- U.S. market for herring, the population ap- Administration's assessment, and have drawn ing a proposed mine in Washington State from pears to be healthy. However, four large fac- a line in the sand. a recent Interior Department ruling that would tory trawlers are trying to enter the herring and Without legislation, we face many years of have blocked the mine's development. mackerel fisheries. One of these vessels alone protracted litigation between the States and The conference report also contains $268 is capable of harvesting more herring than the the Federal Government. The first issue that million worth of non-emergency spending pro- entire existing fishery in the Gulf of Maine. would have to be resolved in any litigation visions thatÐalthough offset by cuts in other Similarly, the vessel is capable of harvesting would be whether the Federal Government programsÐshould not be considered as part one-third of the estimated long-term sustain- has any claim to this money at all. While the of an emergency spending measure. Among able catch for mackerel. Administration believes that this is an open these are $29 million for the Postal Service's During the herring recovery, New England and shut case, the States do not agree and subsidized mail program, $48 million to re- fishermen had to find alternative fisheries to would likely take this to the Supreme Court. place a public broadcasting satellite, $3.8 mil- survive. They increasingly turned to cod and And even assuming that the Administration lion to renovate the House Page dormitory haddock at Georges Bank. Sadly, the story is would prevail, the next question would be here on Capitol Hill, and $1.3 million for the too familiarÐthe populations of these fish in even more complicatedÐdetermining what World Trade Organization Ministerial meeting Georges Bank have since crashed. Now, her- portion of the settlement award represents re- in Seattle. These provisions and their offsets ring are being targeted again. imbursement for Medicaid expenses. In their should be debated on their merits in the nor- The Atlantic herring and mackerel fisheries lawsuits, the States brought many different mal appropriations process, not when we are are facing a new disastrous threat because causes of action, including state antitrust and trying to provide funding for our forces in large fishing vessels are poised to enter these consumer protection law violations. Courts Yugoslavia and those who have been dev- fisheries. High prices and the apparent abun- would have to determine what portion of each astated by natural disasters. dance of these species have attracted the at- State's settlement funds represent Medicaid The legislative process through which this tention of fishermen and businessmen expenses, and to what portion of the settle- bill was crafted reminds me of the back-door throughout the world, who have responded by ment the Federal Government is entitled. This deals and spending pile-ons that characterized investing in large fishing vessels to harvest question is even more complicated when con- the pork-laden Omnibus Appropriations bill last this American resource for sale overseas. The sidering States like Virginia, which never fall. At that time, then-Chairman of the Appro- capacity of each of these vessels exceeds 50 brought a suit but participate in the settlement, priations Committee Bob Livingston said ``We metric tons per year. Coincidentally, the total or the numerous other States which did bring on the Committee on Appropriations are not take in these fisheries, for the entire herring suits but had their Medicaid claims tossed out happy doing our business that way. We are and mackerel fleet is just about 50 metric of court. prepared to work with anyone willing to restore tons, IN TOTAL. H3268 CONGRESSIONAL RECORD — HOUSE May 18, 1999 It is therefore imperative that we establish Mr. BALDACCI. Mr. Speaker, the con- munities rebuild from the devastation safeguards to prevent another fishing disaster ference report on the supplemental moves us caused by major disasters. like those suffered by redfish, shark, striped closer to providing funds to assist Maine's re- Sincerely, covery from the ice storm that devastating the CARDELL COOPER, bass, cod and haddock. I introduced legisla- Assistant Secretary. tion last Congress and again this year to close Northeast in January, 1998. Mr. Speaker, I yield back the balance The conferees agreed to transfer $230 mil- the herring and mackerel fisheries to new of my time. lion of funds appropriated last year for disaster large vessels until a stock assessment could The SPEAKER pro tempore (Mr. be completed, and until fishery management assistance from the Department of Housing THORNBERRY). All time for debate has plans for the two species were in place that and Urban Development to the Federal Emer- gency Management Agency. This action expired. specifically allowed for large vessels. In the Without objection, the previous ques- last Congress, that bill passed the House but leaves at HUD about $83.6 million in FY 1998 and FY 1999 disaster funds. tion is ordered. was not acted on in the Senate. This year, the There was no objection. measure has been approved by my sub- Distribution of this money has been delayed MOTION TO RECOMMIT OFFERED BY MR. OBEY committee, and it awaits full Resources Com- too long. HUD has already announced how it mittee action. will allocate the remaining money. The con- Mr. OBEY. Mr. Speaker, I offer a mo- The moratorium on large fishing vessels is ferees left this funding with HUD so that the tion to recommit. a good idea. This provision allows the coun- allocations would be honored. They directed The SPEAKER pro tempore. Is the cils, with concurrence of the Secretary, to de- HUD to ``award the remaining funds in accord- gentleman opposed to the conference cide when and how it is appropriate to let ance with announcements made heretofore by report? these large vessels into the fishery. The coun- the Secretary, including allocations made pur- Mr. OBEY. I most certainly am, Mr. cils need the time to react to what could be a suant to the March 10, 1999, notice published Speaker, but certainly not for the rea- sudden, unsustainable increase in harvest. in the Federal Register, as expeditiously as sons the gentleman indicated. This bill gives them the time to develop fishery possible.'' The SPEAKER pro tempore. The management plans. Sadly, the NMFS seems Announced allocations for the state of Clerk will report the motion to recom- content to wait until the stocks crash before Maine include $2,118,000 in March 1999, and mit. taking action to protect these fisheries. As an additional $17,088,475 on May 4, 1999, The Clerk read as follows: someone who has witnessed the pain and pursuant to the March 10 notice in the Federal Mr. OBEY moves to recommit the con- Register. I am including for the record a letter ference report accompanying the bill H.R. economic suffering experienced by those fish- 1141 to the Committee of Conference. ermen in New England, I do not believe that I received from the Department dated May 4, we should fish now and pay later. We must which states that these funds can be used to The SPEAKER pro tempore. Without end this cycle of destroying our resources address the largest unmet need in my stateÐ objection, the previous question is or- without knowing how much fishing pressure to provide relief to electric ratepayers from the dered on the motion to recommit. they can endure. This provision will help to costs of restoring essential services in the There was no objection. conserve our Atlantic herring and mackerel wake of the storm. The SPEAKER pro tempore. The We appreciate the work of the conferees in stocks, and preserve the food source for strip- question is on the motion to recommit. the effort. The next step is to ensure that ers and bluefish. The question was taken; and the I urge the adoption of this important meas- these funds are made available without further Speaker pro tempore announced that ure. delay to be used by the State for the unmet the noes appeared to have it. Mr. LAFALCE. Mr. Speaker, I rise to ex- needs remaining from the disaster that hit Mr. OBEY. Mr. Speaker, I object to press my concern about the $350 million re- Maine more than 16 months ago. the vote on the ground that a quorum scission in Section 8 affordable housing re- DEPARTMENT OF HOUSING AND is not present and make the point of serves, contained in this supplemental spend- URBAN DEVELOPMENT, OFFICE OF order that a quorum is not present. THE ASSISTANT SECRETARY FOR ing bill. The SPEAKER pro tempore. Evi- COMMUNITY PLANNING AND DEVEL- Just two weeks ago, HUD announced an af- dently a quorum is not present. OPMENT, The Sergeant at Arms will notify ab- fordable housing mark-up-to-market initiative, Washington, DC, May 4, 1999. sent Members. designed to preserve our affordable housing Hon. JOHN P. BALDACCI, stock for lower-income seniors, disabled, and House of Representatives, The vote was taken by electronic de- families in expensive rental markets. Washington, DC. vice, and there were—yeas 182, nays This initiative had strong bi-partisan support, DEAR REPRESENTATIVE BALDACCI: Thank 243, not voting 8, as follows: with a commitment from Republican leaders to you for your joint letter of April 22, 1999, [Roll No. 132] with Senators Snowe and Collins and Rep- work with HUD to develop long term funding resentative Allen, regarding Maine’s submis- YEAS—182 to preserve affordable rental properties and to sion of additional information for Commu- Abercrombie Cummings Holden protect those tenants living in properties we nity Development Block Grant supplemental Ackerman Danner Holt are unable to preserve. disaster funding. The deadline for submitting Allen Davis (FL) Hooley Baird Davis (IL) Hoyer So, just two weeks later, it is disconcerting such information was April 26, 1999. Baldacci DeFazio Inslee to see the majority party cutting $350 million I am writing to inform you that the state Baldwin DeGette Jackson (IL) from the same Section 8 account that would of Maine would receive an additional Barrett (WI) Delahunt Jackson-Lee be used to implement these housing preserva- $17,088,475 in 1999 HUD Disaster Recovery Ini- Becerra DeLauro (TX) tiative funds to address unmet disaster re- Bentsen Deutsch Jefferson tion and tenant protection activities. covery needs resulting from severe ice Berkley Dicks Johnson, E. B. This rescission is especially disturbing, in storms, rain and high winds (FEMA–1198– Berman Dixon Jones (NC) light of the draconian domestic discretionary DR). This is based on your state’s submission Blagojevich Doggett Jones (OH) Blumenauer Dooley Kanjorski cuts adopted in this year's budget resolution. of additional information, under the March Bonior Doyle Kaptur A $350 million rescission of Section 8 re- 10, 1999, Federal Register notice. This amount Boswell Engel Kelly serves eliminates a source of funds that could is in addition to amounts of $2,185,000 and Boucher Eshoo Kennedy be used to soften the blow of such spending $2,118,000, in 1998 HUD Disaster Recovery Ini- Brown (FL) Evans Kildee Brown (OH) Farr Kilpatrick cuts, and to fund critical initiatives. tiative funds previously allocated, making a total of $21,391,475 for Maine. These funds Bryant Fattah Kind (WI) This rescission calls into question the com- Campbell Filner Kingston could be used for utility reimbursement as mitment in last year's pubic hosing bill to add Capps Ford Kleczka discussed. Capuano Frank (MA) Klink 100,000 incremental vouchers in Fiscal year All amounts, except for the initial Cardin Gejdenson Kucinich 2000, on top of the 50,000 incrementals fund- $2,185,000 allocation are subject to Congres- Carson Gonzalez LaFalce ed last fiscal year. For example, the $350 mil- sional action which may transfer $313.6 mil- Chabot Goode Lampson lion being rescinded today could fund 60,000 lion in Community Development Block Clay Gordon Lantos Grant supplemental disaster appropriations Clayton Green (TX) Larson of these 100,000 vouchers. Clement Gutierrez Lee I hope that appropriators will find the re- from HUD. The Department has been asked by Congress not to take further action until Clyburn Hall (TX) Levin Condit Hastings (FL) Lewis (GA) sources to fund our commitment to affordable final resolution of H.R. 1141, the 1999 Emer- housing. If not, I fear we will look back at to- Conyers Hill (IN) Lipinski gency Supplemental Appropriations Act. Costello Hilliard Lofgren day's action as a major reason we ran out of With these HUD resources, I am committed Coyne Hinchey Luther money in the effort to meet this commitment. to participating in the efforts to help com- Crowley Hoeffel Maloney (CT) May 18, 1999 CONGRESSIONAL RECORD — HOUSE H3269 Maloney (NY) Oberstar Spratt Snyder Taylor (MS) Walsh Maloney (CT) Pombo Spence Markey Obey Stabenow Souder Taylor (NC) Wamp Maloney (NY) Pomeroy Spratt Martinez Olver Stark Spence Terry Watkins Mascara Porter Stabenow Mascara Ose Strickland Stearns Thomas Watts (OK) Matsui Price (NC) Stearns Matsui Owens Stupak Stenholm Thornberry Weldon (FL) McCarthy (NY) Pryce (OH) Stenholm McCarthy (MO) Pallone Tauscher Stump Thune Weller McCollum Quinn Strickland McCarthy (NY) Pascrell Thompson (CA) Sununu Tiahrt Whitfield McCrery Radanovich Stump McDermott Pastor Thompson (MS) Sweeney Toomey Wicker McHugh Regula Talent McGovern Payne Thurman Talent Traficant Wilson McInnis Reyes Tanner McIntyre Phelps Tierney Tancredo Turner Wolf McIntosh Reynolds Tauscher McKinney Price (NC) Towns Tanner Upton Young (AK) McIntyre Riley Tauzin McNulty Rahall Udall (CO) Tauzin Walden Young (FL) McKeon Rodriguez Taylor (MS) Meehan Rangel Udall (NM) Meek (FL) Roemer Taylor (NC) Meek (FL) Rodriguez Velazquez NOT VOTING—8 Menendez Rogers Thomas Meeks (NY) Rothman Vento Borski Gephardt Serrano Millender- Ros-Lehtinen Thompson (MS) Menendez Roybal-Allard Visclosky Brady (PA) Lowey Weldon (PA) McDonald Rothman Thornberry Millender- Rush Waters Brown (CA) Pelosi Miller (FL) Roukema Thune McDonald Sanchez Watt (NC) Miller, Gary Roybal-Allard Thurman Miller, George Sanders Waxman b 2014 Mollohan Ryun (KS) Tiahrt Minge Sanford Weiner Moore Sabo Traficant Mink Sawyer Wexler Mrs. MYRICK and Messrs. GANSKE, Moran (VA) Sanchez Turner Moakley Scarborough Weygand GOSS, BOEHLERT and BISHOP Morella Sandlin Udall (NM) Moore Schakowsky Wise changed their vote from ‘‘yea’’ to Murtha Sawyer Walden Morella Shadegg Woolsey Napolitano Saxton Walsh Nadler Shays Wu ‘‘nay.’’ Nethercutt Scarborough Wamp Napolitano Sherman Wynn Ms. KILPATRICK, Ms. KAPTUR, Mr. Ney Scott Watkins Neal Slaughter OBERSTAR and Mr. SCARBOROUGH Northup Shaw Watts (OK) Nussle Smith (WA) Olver Sherman Weldon (FL) changed their vote from ‘‘nay’’ to Ortiz Sherwood Weller NAYS—243 ‘‘yea.’’ Ose Shimkus Wexler So the motion to recommit was re- Oxley Shows Weygand Aderholt Fletcher McInnis Packard Simpson Whitfield Andrews Foley McIntosh jected. Pallone Sisisky Wicker Archer Forbes McKeon The result of the vote was announced Pascrell Skeen Wilson Armey Fossella Metcalf as above recorded. Pease Skelton Wise Bachus Fowler Mica The SPEAKER pro tempore (Mr. Peterson (PA) Slaughter Wolf Baker Franks (NJ) Miller (FL) Phelps Smith (NJ) Wynn Ballenger Frelinghuysen Miller, Gary THORNBERRY). The question is on the Pickering Smith (TX) Young (AK) Barcia Frost Mollohan conference report. Pickett Snyder Young (FL) Barr Gallegly Moran (KS) Pursuant to clause 10 of rule XX, the Barrett (NE) Ganske Moran (VA) NAYS—158 Bartlett Gekas Murtha yeas and nays are ordered. Barton Gibbons Myrick The vote was taken by electronic de- Aderholt Hinchey Oberstar Archer Hoekstra Obey Bass Gilchrest Nethercutt vice, and there were—yeas 269, nays Bateman Gillmor Ney Baird Holt Owens Bereuter Gilman Northup 158, not voting 7,, as follows: Baldwin Hooley Pastor Berry Goodlatte Norwood [Roll No. 133] Barr Hulshof Paul Biggert Goodling Ortiz Barrett (WI) Inslee Payne Bilbray Goss Oxley YEAS—269 Barton Jackson (IL) Peterson (MN) Bilirakis Graham Packard Abercrombie Cox Greenwood Becerra Jackson-Lee Petri Bishop Granger Paul Ackerman Cramer Gutierrez Bilbray (TX) Pitts Bliley Green (WI) Pease Allen Cubin Hall (OH) Blumenauer Johnson, Sam Portman Blunt Greenwood Peterson (MN) Andrews Cunningham Hall (TX) Brady (TX) Jones (NC) Rahall Boehlert Gutknecht Peterson (PA) Armey Davis (FL) Hansen Brown (OH) Jones (OH) Ramstad Boehner Hall (OH) Petri Bachus Davis (VA) Hastert Burr Kanjorski Rangel Bonilla Hansen Pickering Baker DeLauro Hastings (FL) Campbell Kaptur Rivers Bono Hastings (WA) Pickett Baldacci DeLay Hastings (WA) Capuano Kilpatrick Rogan Boyd Hayes Pitts Ballenger Deutsch Hayes Carson Kind (WI) Rohrabacher Brady (TX) Hayworth Pombo Barcia Diaz-Balart Hayworth Castle Kingston Royce Burr Hefley Pomeroy Barrett (NE) Dickey Herger Chabot Kleczka Rush Burton Herger Porter Bartlett Dicks Hill (MT) Chenoweth Klink Ryan (WI) Buyer Hill (MT) Portman Bass Dingell Hilliard Clay Kucinich Salmon Callahan Hilleary Pryce (OH) Bateman Dixon Hinojosa Clayton LaFalce Sanders Calvert Hinojosa Quinn Bentsen Dooley Hobson Coble LaHood Sanford Camp Hobson Radanovich Bereuter Doyle Hoeffel Coburn Lampson Schaffer Canady Hoekstra Ramstad Berkley Dreier Holden Conyers Lantos Schakowsky Cannon Horn Regula Berman Edwards Horn Cook Largent Sensenbrenner Castle Hostettler Reyes Berry Ehrlich Hostettler Costello LaTourette Sessions Chambliss Houghton Reynolds Biggert Emerson Houghton Coyne Leach Shadegg Chenoweth Hulshof Riley Bilirakis Engel Hoyer Crane Lee Shays Coble Hunter Rivers Bishop English Hunter Crowley Lewis (GA) Shuster Coburn Hutchinson Roemer Blagojevich Etheridge Hutchinson Cummings Lofgren Smith (MI) Collins Hyde Rogan Bliley Evans Hyde Danner Luther Smith (WA) Combest Isakson Rogers Blunt Everett Isakson Davis (IL) Manzullo Souder Cook Istook Rohrabacher Boehlert Farr Istook Deal Markey Stark Cooksey Jenkins Ros-Lehtinen Boehner Filner Jefferson DeFazio Martinez Stupak Cox John Roukema Bonilla Fletcher Jenkins DeGette McCarthy (MO) Sununu Cramer Johnson (CT) Royce Bonior Foley John Delahunt McDermott Sweeney Crane Johnson, Sam Ryan (WI) Bono Forbes Johnson (CT) DeMint McGovern Tancredo Cubin Kasich Ryun (KS) Boswell Ford Johnson, E. B. Doggett McKinney Terry Cunningham King (NY) Sabo Boucher Fossella Kasich Doolittle McNulty Thompson (CA) Davis (VA) Knollenberg Salmon Boyd Fowler Kelly Duncan Meehan Tierney Deal Kolbe Sandlin Brown (FL) Franks (NJ) Kennedy Ehlers Meeks (NY) Toomey DeLay Kuykendall Saxton Bryant Frelinghuysen Kildee Eshoo Metcalf Towns DeMint LaHood Schaffer Burton Frost King (NY) Ewing Mica Udall (CO) Diaz-Balart Largent Scott Buyer Gallegly Knollenberg Fattah Miller, George Upton Dickey Latham Sensenbrenner Callahan Gejdenson Kolbe Frank (MA) Minge Velazquez Dingell LaTourette Sessions Calvert Gephardt Kuykendall Ganske Mink Vento Doolittle Lazio Shaw Camp Gibbons Larson Gekas Moakley Visclosky Dreier Leach Sherwood Canady Gilchrest Latham Goode Moran (KS) Waters Duncan Lewis (CA) Shimkus Cannon Gillmor Lazio Green (WI) Myrick Watt (NC) Dunn Lewis (KY) Shows Capps Gilman Levin Gutknecht Nadler Waxman Edwards Linder Shuster Cardin Gonzalez Lewis (CA) Hefley Neal Weiner Ehlers LoBiondo Simpson Chambliss Goodlatte Lewis (KY) Hill (IN) Norwood Woolsey Ehrlich Lucas (KY) Sisisky Clement Goodling Linder Hilleary Nussle Wu Emerson Lucas (OK) Skeen Clyburn Gordon Lipinski English Manzullo Skelton Collins Goss LoBiondo NOT VOTING—7 Etheridge McCollum Smith (MI) Combest Graham Lowey Borski Dunn Weldon (PA) Everett McCrery Smith (NJ) Condit Granger Lucas (KY) Brady (PA) Pelosi Ewing McHugh Smith (TX) Cooksey Green (TX) Lucas (OK) Brown (CA) Serrano H3270 CONGRESSIONAL RECORD — HOUSE May 18, 1999 b 2032 last food delivery to the displaced and outside of Kosovo’s border, however, we Mr. HILLEARY and Mr. WEINER at-risk Kosovo population occurred 8 know that their situation is dire. changed their vote from ‘‘yea’’ to weeks ago. Hiding in the hills without It has become critical for the U.N. ‘‘nay.’’ food, water, medical care for nearly 2 and the International Committee of Mr. OLVER changed his vote from months, these families and their chil- the Red Cross to try to gain entry into ‘‘nay’’ to ‘‘yea.’’ dren are fighting to survive. Every day Kosovo and all of the Federal Republic So the conference report was agreed counts for them. of Yugoslavia to assess the humani- to. It is timely because the 13-member tarian situation there. This resolution The result of the vote was announced U.N. humanitarian delegation, which simply calls upon the FRY authorities as above recorded. includes the International Red Cross to permit these organizations entry, A motion to reconsider was laid on and U.N. High Commissioner for Refu- which has now occurred over the last the table. gees, is in Belgrade today. It is headed weekend, to have complete access, and f by Sergio Vierira de Mello, the United to take measures to ensure their safe- Nations Undersecretary General for ty. PERSONAL EXPLANATION Humanitarian Affairs. It is expected to This is not a political issue. It is one Mr. WELDON of Pennsylvania. Mr. Speaker, head to Kosovo in the morning. simply of human decency. While it may during recent votes on H.R. 1141, the FY 99 They are attempting to provide the be too much to expect such decency Emergency Supplemental Appropriations Act first very important independent con- from the perpetrators of the outrages Conference report, I was unavoidably detained firmation of conditions within Kosovo that we are witnessing in Kosovo, we in an extended meeting. As a result, I am not and Montenegro. They will also provide do have a moral obligation in our Na- recorded as voting on rollcall 131, 132, and great help to the international commu- tion to demand it from them. 133. Had I been present, I would have voted nity as we prepare for the potentially Accordingly, I urge the Members of yes on rollcall No. 131, the vote on the rule for massive emergency needs of the esti- the House to support this measure, to the Emergency Supplemental Appropriations mated 600,000 to 800,000 ethnic Alba- support the Brady measure, a humani- bill, no on rollcall No. 132, the motion to re- nians remaining in Kosovo. tarian measure. This measure urges the Federal Re- commit the conference report, and yes on roll- Ms. LEE. Mr. Speaker, under my res- public of Yugoslavia to provide this call No. 133, the vote on adoption of the con- ervation of objection, I would say that delegation a safe and secure passage, as ference report. we can only guess what the conditions well as freedom of access to do their f are like for the civilians remaining in job. It also encourages NATO and its Kosovo. Many of the civilians who re- EXPRESSING SENSE OF HOUSE RE- member nations to consider reasonable main in the province have likely left GARDING THE CONDITION AND measures to enhance the safety of this their homes and are camped in fields HUMANITARIAN NEEDS OF REFU- international delegation during its and on mountainsides to find shelter. GEES WITHIN KOSOVO brief humanitarian mission. Mr. BRADY of Texas. Mr. Speaker, I I would simply say that this measure Amid this terror, unconfirmed ac- ask unanimous consent that the Com- offers hope to people who need it des- counts suggest that the situation in- mittee on International Relations be perately. side of Kosovo points to a severe lack discharged from further consideration Mr. GILMAN. Mr. Speaker, will the of food and medicine. We are hopeful of the resolution (H. Res. 161) express- gentlewoman yield? that an international humanitarian ing the sense of the House of Rep- Ms. LEE. I yield to the gentleman mission in Yugoslavia this week can resentatives regarding the condition from New York. give us a better sense of what condi- and humanitarian needs of refugees Mr. GILMAN. Mr. Speaker, I thank tions are like inside of Kosovo and within Kosovo, and ask for its imme- the gentlewoman for yielding to me. what the international community can diate consideration in the House. Mr. Speaker, I want to commend the do to meet the needs of the people who The Clerk read the title of the resolu- gentleman from Texas (Mr. BRADY) for remain. tion. bringing this matter before our com- As we continue to see media coverage The SPEAKER pro tempore (Mr. mittee and before the entire House. of the plight of the Albanians who have SHIMKUS). Is there objection to the re- This measure addresses a critical sit- left Kosovo, this resolution draws our quest of the gentleman from Texas? uation concerning the tens of thou- attention to the Kosovar Albanians Ms. LEE. Mr. Speaker, reserving the sands of displaced persons within who we cannot see, and those are those right to object, I yield to the gen- Kosovo that have been cut off from the inside of Kosovo. I urge adoption of tleman from Texas (Mr. BRADY), the rest of the world by the brutal military this resolution. sponsor of this resolution, for an expla- offensive of Mr. Milosevic’s military Mr. BRADY of Texas. Mr. Speaker, if nation of it. forces. The gentleman is very timely in the gentlewoman will yield, I want to Mr. BRADY of Texas. Mr. Speaker, I bringing this measure at this time as thank the gentlewoman from Cali- appreciate the gentlewoman from Cali- we try to be of help to those hundreds fornia for her support, as well as the fornia yielding to me. As a member of of thousands of Kosovars still within gentleman from New York (Chairman the Committee on International Rela- the borders of Kosovo. GILMAN) and the ranking member, the tions, I have appreciated her hard work While the world’s attention has been gentleman from Connecticut (Mr. on these and other issues affecting the fixed upon the hundreds of thousands GEJDENSON) for permitting this timely globe. of Kosovars driven from their homes bill to come to the floor. Mr. Speaker, this is a very impor- into the neighboring countries of Mac- Ms. LEE. Mr. Speaker, I withdraw tant, bipartisan, and timely measure edonia and Albania, we need to be my reservation of objection. that supports the humanitarian mis- mindful that many other Kosovars, The SPEAKER pro tempore. Is there sion into Kosovo to assess the humani- perhaps exceeding the numbers who objection to the request of the gen- tarian and emergency needs of the have become refugees outside of Yugo- tleman from Texas? more than 600,000 ethnic Albanians slavia, are internally displaced in There was no objection. trapped within the embattled Yugo- Kosovo. The Clerk read the resolution, as fol- Since the exit of the international slavian province. lows: While hundreds of thousands of fami- private aid organizations that have lies have fled Kosovo, an equal number been providing assistance to the inter- H. RES. 161 remain, fighting disease and starvation nally displaced persons, IDPs, as they Whereas international humanitarian orga- while lacking water and medical care. have become known, in Kosovo, they nizations such as the International Com- They need hope, and the world needs to have had to fend for themselves, and mittee of the Red Cross and the United Na- tions High Commissioner for Refugees pro- know now their true condition so we very little has been able to be deter- vide a vital role in assessing and responding stand a chance of saving their lives. mined as to their welfare and their sit- to the humanitarian needs of refugees According to the United Nations uation. From reports of those of their around the world and, most recently, of the High Commissioner for Refugees, the friends and relatives who have arrived hundreds of thousands who have fled Kosovo; May 18, 1999 CONGRESSIONAL RECORD — HOUSE H3271 Whereas, according to unconfirmed re- Strike all after the resolved clause and in- Whereas in the same interview, President ports, hundreds of thousands of refugees re- sert the following: Milosevic agreed to permit representatives main in Kosovo at risk for their lives and re- That— of the International Committee of the Red quiring immediate food, shelter, and medi- (1) it is the sense of the House of Rep- Cross and the United Nations High Commis- cine; resentatives that Yugoslavian President sioner for Refugees into Kosovo to provide Whereas it is the belief of the House of Slobodan Milosevic provide the necessary se- aid and assess the humanitarian needs of in- Representatives that the safety and lives of curity assurances and freedom of access to ternally displaced persons within Kosovo and these undetermined legions of refugees with- the United Nations interagency mission to the Federal Republic of Yugoslavia; in Kosovo are equal to the safety and lives of the Federal Republic of Yugoslavia so the Whereas on May 4, 1999, with the assent of the many refugees who have fled the region; international community can be provided the United Nations Security Council, of Whereas the international community is with an accurate, objective, first-hand as- which the United States is a member, United committed to providing humanitarian assist- sessment of the condition of the internally Nations Secretary General Kofi Annan initi- ance to current and future Kosovo refugees, displaced persons inside of Kosovo and all ated a United Nations interagency assess- while uncertain of how vast that need may sectors of the Federal Republic of Yugo- ment mission to the Federal Republic of be; slavia; and Yugoslavia to assess emergency relief and re- Whereas during an April 19, 1999, interview (2) the House of Representatives encour- habilitation needs within the Federal Repub- in Belgrade with Dr. Ron Hatchett of the ages member nations of the North Atlantic lic of Yugoslavia and to identify the means University of St. Thomas, Serbian President Treaty Organization (NATO) to weigh the for providing such critical relief and reha- Slobodan Milosevic agreed to and subse- value of this humanitarian mission toward bilitation assistance; quently permitted representatives of the ending human suffering in Kosovo, and to Whereas this humanitarian mission seeks International Committee of the Red Cross to consider reasonable measures to enhance the to objectively assess critical needs in the meet with and examine the condition of the safety of this international delegation dur- areas of human rights protection, food, secu- three captured American prisoners of war; ing its brief humanitarian mission within rity, nutrition, health, water and sanitation, Whereas in the same interview, President the Federal Republic of Yugoslavia. and condition of the civilian population, and Milosevic agreed to permit representatives Mr. BRADY of Texas (during the also seeks to accurately determine the num- of the International Committee of the Red reading). Mr. Speaker, I ask unanimous ber, location, and requirements of the people Cross and the United Nations High Commis- in Kosovo and the Federal Republic of Yugo- sioner for Refugees into Kosovo to provide consent that the amendment in the na- ture of a substitute be considered as slavia needing immediate and future human- aid and assess the humanitarian needs of ref- itarian aid; ugees within Kosovo and the Federal Repub- read and printed in the RECORD. Whereas on May 14, 1999, the United Na- lic of Yugoslavia; The SPEAKER pro tempore. Is there tions Security Council adopted Security Whereas on May 4, 1999, with the assent of objection to the request of the gen- Council Resolution 1239 by a vote of 13–0, in- the United Nations Security Council, of tleman from Texas? viting the United Nations High Commission which the United States is a member, United There was no objection. for Refugees and other international human- Nation’s Secretary General Kofi Annan initi- The SPEAKER pro tempore. The itarian relief organizations to extend relief ated a United Nations interagency assess- question is on amendment in the na- assistance to the internally displaced per- ment mission to the Federal Republic of ture of a substitute offered by the gen- sons in Kosovo, the Republic of Montenegro, Yugoslavia to assess emergency relief and re- tleman from Texas (Mr. BRADY). and other parts of the Federal Republic of habilitation needs within the Federal Repub- Yugoslavia; and lic of Yugoslavia and to identify the means The amendment in the nature of a substitute was agreed to. Whereas the brief United Nations humani- for providing such critical relief and reha- tarian mission that was initiated on May 4, bilitation assistance; The SPEAKER pro tempore. The question is on the resolution, as 1999, subsequently departed for Kosovo and Whereas this humanitarian mission seeks other sectors of the Federal Republic of to objectively assess critical needs in the amended. Yugoslavia on May 15, 1999: Now, therefore, areas of human rights and protection, food, The resolution, as amended, was be it security, nutrition, health, water and sanita- agreed to. Mr. BRADY of Texas (during the tion, and condition of the civilian popu- AMENDMENT TO THE PREAMBLE OFFERED BY reading). Mr. Speaker, I ask unanimous lation, and also seeks to accurately deter- MR. BRADY OF TEXAS consent that the amendment to the mine the number, location, and requirements Mr. BRADY of Texas. Mr. Speaker, I of the people in Kosovo and the Federal Re- preamble be considered as read and offer an amendment to the preamble. printed in the RECORD. public of Yugoslavia needing immediate and The Clerk read as follows: future humanitarian aid; and The SPEAKER pro tempore. Is there Whereas this humanitarian mission is Amendment to the preamble offered by Mr. objection to the request of the gen- working diligently to depart for Kosovo and Brady of Texas: Strike the premable and insert the fol- tleman from Texas? others sectors of Yugoslavia on May 8, 1999, lowing: There was no objection. if appropriate security assurances are pro- Whereas international humanitarian orga- The SPEAKER pro tempore. The vided by the Federal Republic of Yugoslavia: nizations such as the International Com- question is on the amendment to the Now, therefore, be it Resolved, That— mittee of the Red Cross and the United Na- preamble offered by the gentleman (1) it is the sense of the House of Rep- tions High Commissioner for Refugees pro- from Texas (Mr. BRADY). resentatives that Yugoslavian President vide a vital role in assessing and responding The amendment to the preamble was Slobodan Milosevic should provide the nec- to the humanitarian needs of refugees agreed to. essary security assurances to the United Na- around the world and, most recently, of the A motion to reconsider was laid on tions interagency mission to the Federal Re- hundreds of thousands who have fled Kosovo; Whereas, according to unconfirmed re- the table. public of Yugoslavia to permit them to safe- f ly and accurately provide the international ports, hundreds of thousands of internally community with an objective, first-hand as- displaced persons remain in Kosovo at risk RECOGNIZING THE HISTORICAL for their lives and requiring immediate food, sessment of the condition of refugees inside SIGNIFICANCE OF THE SUPREME of Kosovo and all sectors of the Federal Re- shelter, and medicine; Whereas it is the belief of the House of COURT’S UNANIMOUS DECISION public of Yugoslavia; and IN BROWN V. BOARD OF EDU- (2) the House of Representatives encour- Representatives that the safety and lives of ages member nations of the North Atlantic these undetermined legions of internally dis- CATION Treaty Organization (NATO) to weigh the placed persons within Kosovo are equal to Mr. PEASE. Mr. Speaker, I ask unan- value of this humanitarian mission toward the safety and lives of the many refugees imous consent that the Committee on ending human suffering in Kosovo, and to who have fled the region; Whereas the international community is the Judiciary be discharged from fur- consider reasonable measures to enhance the ther consideration of the resolution (H. safety of this international delegation dur- committed to providing humanitarian assist- ing its brief humanitarian mission within ance to current and future Kosovo refugees, Res. 176) recognizing the historical sig- the Federal Republic of Yugoslavia. while uncertain of how vast that need may nificance of the Supreme Court’s unan- be; AMENDMENT IN THE NATURE OF A SUBSTITUTE imous decision in Brown v. Board of Whereas during an April 19, 1999, interview OFFERED BY MR. BRADY OF TEXAS Education, repudiating segregation, in Belgrade with Dr. Ron Hatchett of the Mr. BRADY of Texas. Mr. Speaker, I and reaffirming the fundamental belief University of St. Thomas, Serbian President that we are all ‘‘one Nation under God, offer an amendment in the nature of a Slobodan Milosevic agreed to and subse- substitute. quently permitted representatives of the indivisible,’’ and ask for its immediate The Clerk read as follows: International Committee of the Red Cross to consideration in the House. Amendment in the Nature of a Substitute meet with and examine the condition of the The Clerk read the title of the resolu- offered by Mr. BRADY of Texas: three captured American prisoners of war; tion. H3272 CONGRESSIONAL RECORD — HOUSE May 18, 1999 The SPEAKER pro tempore. Is there these cases, and James Hardiman, an So today, as we commemorate the objection to the request of the gen- attorney who represented young people Brown v. Board of Education decisions, tleman from Indiana? in the Cleveland Board of Education let us as Members of this body recom- Mr. THOMPSON of Mississippi. Mr. desegregation. mit ourselves to keeping alive the spir- Speaker, reserving the right to object, As we stand here today, it is impor- it of the historic ruling. and I will not object, Mr. Speaker, tant to remember history, as the gen- Again, Mr. Speaker, I want to com- House Resolution 176 simply recognizes tleman from Mississippi (Mr. THOMP- mend the maker of this particular reso- the historical significance of the Su- SON) had previously said, and we need lution for his outstanding work on be- preme Court unanimous decision in to stand here and celebrate the impor- half of this resolution. Brown vs. Board of Education repudi- tance of equal rights for all. Mr. THOMPSON of Mississippi. Mr. ating segregation and reaffirming the Mr. THOMPSON of Mississippi. Mr. Speaker, further reserving my right to fundamental belief that we are all one Speaker, further reserving the right to object, it is my pleasure to yield to the Nation, under God, indivisible. object, I yield to the gentleman from gentleman from the State of Maryland One such person was Linda Brown. In Alabama (Mr. HILLIARD). (Mr. HOYER). 1951, this little girl was in the third Mr. HILLIARD. Mr. Speaker, I am in- Mr. HOYER. Mr. Speaker, I thank grade. Although there was an elemen- deed privileged to be here to discuss the distinguished gentleman from Mis- tary school seven blocks from her and to support this resolution. The Su- sissippi and great leader of this House house, young Linda was forced to walk preme Court, when it struck down for yielding to me. over 1 mile to another elementary Plessy v. Ferguson, a decision that was Mr. Speaker, I was 15 years of age, I school. The reason to make a little girl made by a constitutional court in 1896 was in high school at Suitland High walk through a railroad switchyard on as being unconstitutional, it was a le- School, just about 15 minutes from her way to school? She was black, and thal blow for Jim Crow, for segrega- where we stand; that school was a seg- the school located 7 blocks from her tion, as well as for discrimination. regated school. The county was seg- house was for white students only. But it also was a blow for democracy regated. I represent a district where all because it started the snowball that the schools were segregated at that b 2045 has gathered strength and force as it point in time. Many years ago, George Santayana has continued to roll over the forces, My generation was a generation, or wrote, ‘‘Those who cannot remember the dark forces of evil, the dark forces my cohorts, slightly older than the the past are condemned to repeat it.’’ of segregation, and the dark forces of President, slightly older than those in Because I revere the warning contained discrimination. their early 50s now. For them, the in these precedent words today, 45 Even though we have come a long Vietnam War was a central compelling years later, I am introducing a resolu- ways from the decision in Plessy v. fact in their life. For me, it was the tion to recognize the historical signifi- Ferguson as announced in the decision civil rights movement of the 1950s. cance of the Supreme Court’s decision of Brown v. The Board of Education, we Rosa Parks showed so much courage. in Brown v. Board of Education. still have many more miles to go. Martin Luther King had a dream. He In 1954, the United States Supreme Unless all of us realize that in Amer- conveyed that dream to all of us. Court in a unanimous decision voted to ica no one is free until all of us are But I rise not only as a member of strike down segregation laws in public free, until we all realize that we still that generation but as also somebody schools and upheld the equal protec- have people that do not believe in free- from the State of Maryland. The rea- tion laws guaranteed to all Americans dom for everyone, that we still have son a Marylander rises is because by the Fourteenth Amendment of the people gunning down people because of Thurgood Marshall is one of Mary- United States Constitution. the color of their skin or because of land’s most honored sons. Mr. Speaker, further reserving my their race, we still have ethnic cleans- Thurgood Marshall, as all of my col- right to object, I yield to the gentle- ing in places all over the world just be- leagues know, was a member of the Su- woman from Ohio (Mrs. JONES). cause someone is different. preme Court of the United States. Mrs. JONES of Ohio. Mr. Speaker, I So this resolution comes at a very There is a statue now between the Cap- would like to thank the gentleman important time, not only in the history itol and the Governor’s mansion of from Mississippi (Mr. THOMPSON) for of America but in the history of this Thurgood Marshall in testimony to, this opportunity to be heard. world. So I am indeed happy that the not only his service to the United Mr. Speaker, I rise in support of the gentleman from Mississippi (Mr. States as a Justice on the Supreme resolution with regard to Brown v. THOMPSON) brought forth this resolu- Court, but also the role, the very cen- Board of Education. In 1954, I was 5 tion, and I support it, and I support tral role that he played in Brown v. years old, attending the Cleveland pub- him in what he is doing. Board of Education as counsel. lic schools. Forty-five years later, I Mr. THOMPSON of Mississippi. Mr. For those seeking justice in America, stand here blessed to be able to speak Speaker, further reserving my right to for those seeking an open door to op- in favor of Brown v. Board of Edu- object, I yield to the gentleman from portunity, it is ironic that we just read cation. Illinois (Mr. RUSH). in the papers about Thomas Jefferson’s The desegregation order provided Mr. RUSH. Mr. Speaker, I want to family and who is a part of that family. many opportunities for African-Amer- begin by commending the gentleman It is really a metaphor for America, be- ican people in this country, even from Mississippi (Mr. THOMPSON) for cause all of those individuals are mem- though as we stand today in many cit- his outstanding work on behalf of this bers of the family. ies across this country desegregation particular resolution but also on the Jefferson said in the Declaration of and busing orders destroyed many of outstanding work that he has per- Independence that this Nation was the neighborhood school systems. formed on behalf of the citizens of this founded on the premise that all men, I had a chance to attend Cleveland Nation throughout his tenure here in and indeed he would have added today public schools and was prepared for the Congress. women, are created equal and that we what I do now, law school and public Mr. Speaker, 45 years ago, the U.S. honored each one of them and that office. Supreme Court issued a ruling in the they would do equal justice under law. I celebrate people like Thurgood Brown v. Board of Education case that Maryland, unfortunately, not unfor- Marshall, late Justice Thurgood Mar- literally changed the course of Amer- tunately, he was great in many ways, shall. I celebrate Dean Charles Houston ican history. They ruled that separate but a captive of his times perhaps, is of the Howard University Law School is inherently unequal. home to Roger Brook Taney. His stat- wherein he taught young African- Today, 45 years later, separate is still ue stands right outside the Supreme American lawyers that it was impor- unequal, and it is our responsibility as Court. He was the author of, of course, tant not to be a parasite on the com- this Nation’s lawmakers to make sure the Dred Scott decision. Two Mary- munity but to be a spokesman for jus- that we never ever allow laws or poli- landers, two different conclusions; one tice. cies to exist that will threaten to take in my opinion wrong, one right. I celebrate Nathaniel Jones, retired us back to those dark days of Ameri- It is appropriate that we honor this Sixth Circuit judge who worked on cans and American history. historic case. I thank my colleagues for May 18, 1999 CONGRESSIONAL RECORD — HOUSE H3273 allowing me to join in in saying that not as a result of flawed policies, rather it is know that we will not tolerate de facto seg- Brown v. Board of Education was nine the individuals who implement them that are regation and discrimination anywhere in this justices saying that America, as Mar- flawed. nation, not in our schools, not in our govern- tin Luther King had said in 1963, needs For instance, common sense dictates that ment, not in our workplace and not on our to live out the realities of that which it when one third of young African American highways or in our police stations. claims to be its creed, equal justice males are either in prison, on parole or under We must take the commemoration of this under law for all its citizens, in their correctional supervision, liberty's blind justice landmark legal decision which sparked the be- diversity and in their ability to add so has been distributed with one open eye. We ginning of the end of legal separate but equal substantively to the quality of this must remind ourselves that America will not laws and use it to end the segregation and country. prosper if a large segment of population sees discrimination that still exists in our country I am pleased on behalf of all of us that they have no stake in it. In 1954, the Su- today. who loved Thurgood Marshall, who be- preme Court understood this and corrected Mr. THOMPSON of Mississippi. Mr. lieved that Brown v. Board of Edu- the horrid decisions of 1896 when Plessy Speaker, I withdraw my reservation of cation led us to a new and better day versus Fergusion was written. objection. The SPEAKER pro tempore (Mr. and who recognized that the central However, in the aftermath of that decision, SHIMKUS). Is there objection to the re- premise of Brown v. Board of Edu- the progress of America has slowed largely quest of the gentleman from Indiana? cation is still at question today. because some individuals feel we no longer There was no objection. It is important that we stand and need to provide resources and support to help The Clerk read the resolution, as fol- speak out for an America that believes people help themselves. This is nothing new. lows: that every one of us is due respect Frederick Douglass, years ago warned Con- H. RES. 176 which God endowed in us, not the gress of the potential for what he called the Whereas in 1951 Linda Brown was a third- state, not our fellow citizens, endowed ``de facto re-enslavement of African Ameri- grader and an African-American who was by their creator with certain inalien- cans.'' He, said, ``Should the South's ante- forced to endure hardships such as walking a able rights; and among these are life, bellum political system remain intact America mile through a railroad switchyard to get to liberty, and the pursuit of happiness. will indirectly renslave African Americans. Rec- her black elementary school, even though a I thank the gentleman from Mis- ognizing this injustice, Douglass further urged white elementary school was only 7 blocks sissippi (Mr. THOMPSON) for giving me Congress to pass a civil-rights amendment af- away; this opportunity to join him in noting firming the equality of blacks and whites in the Whereas the Reverend Oliver Brown, Linda the historic contribution made by Brown’s father, was turned away when he United States. Douglass recognized then, tried to register his daughter at the nearby Brown v. Board of Education and the what as we recognize today that this country white school, simply because the little girl courageous and able people who saw it must bear the responsibility to actively change was black; to the Supreme Court through some the structures that constrain Aftican Ameri- Whereas Thurgood Marshall, special coun- very difficult times and to whom this cans. sel for the NAACP Legal Defense Fund and a country owes us a great debt. Mr. Speaker I and the other members here prote´ge´ of Howard University Law Professor Mr. THOMPSON of Mississippi. Mr. today understand, like Douglass, the necessity Charles Houston, successfully argued that Speaker, further reserving the right to of government backed decisions to help en- the ‘‘separate but equal’’ doctrine, estab- object, there are some other individ- courage the will of America to respond posi- lished by the Supreme Court in its Plessy v. Ferguson decision in 1896, was unconstitu- uals who would like to speak on this; tively to the structures that constrain African tional; however, in the interest of time, let me American. This resolution does just that. I Whereas Chief Justice Earl Warren read indicate that they are in full support of agree Congress must recognize the historical aloud, from the Court’s unanimous decision: the resolution: the gentleman from Il- significance of the Supreme Court's unani- ‘‘We come then to the question presented: linois (Mr. DAVIS), the gentleman from mous decision in Brown versus Board of Edu- Does segregation of children in public South Carolina (Mr. CLYBURN), and the cation. This is why I have joined In signing this schools solely on the basis of race, even gentleman from Maryland (Mr. important resolution and urge all members to though the physical facilities and other ‘tan- gible’ factors may be equal, deprive the chil- CUMMINGS) also. do the same. But what I would like to say in con- Mr. PAYNE. Mr. Speaker, today I rise in dren of the minority group of equal edu- cational opportunities? We believe that it clusion, Mr. Speaker, is that in submit- support of this resolution to commemorate the does. . . . We conclude that in the field of ting this legislation is to remind all of historic decision of Brown versus the Board of public education the doctrine of ‘separate us that we have a moral obligation to Education. This landmark court decision but equal’ has no place. Separate educational purge the diverse evils of racism out of ended years of the separate but unequal edu- facilities are inherently unequal. Therefore, the fabric of harmony, justice, and cation of African American students in the we hold that the plaintiffs and others simi- equality that is our share of the Amer- United States. It also played a role in insti- larly situated for whom the actions have ican legacy. We have a responsibility gating the larger Civil Rights Movement. This been brought are, by reason of the segrega- to not only remember the past, but to decision is a prime example of how one per- tion complained of, deprived of the equal protection of the laws guaranteed by the learn from it. son who sees an injustice can use our legal Fourteenth Amendment’’; I also would like to thank the gen- system to make that situation more tolerable. Whereas the Brown v. Board of Education tleman from Indiana (Mr. PEASE) for Oliver Brown was distressed that his young decision struck a pivotal blow against Jim allowing me to come and present this daughter had to walk across town and over Crow laws, as well as the dark forces of rac- resolution at this time. dangerous railroad tracks to attend school ism and segregation; and Mr. DAVIS of Illinois. Mr. Speaker, I rise in when a perfectly adequate school sat just Whereas the interaction of students of all support of the resolution to commemorate the blocks from their home. Rather than accepting races promotes better understanding and the 45th anniversary of Brown versus Board of the status quo Oliver Brown took matters in acceptance of racial differences: Now, there- fore, be it Education. his own hands and sued the school system Resolved, That the House of Mr. Speaker, I believe century that is now that refused to let his daughter attend the Representatives— ending began with a proclamation by W.E.B. neighborhood school because she was black. (1) recognizes the historical significance of Du Bois ``The problem of the twentieth century Mr. Brown is an example to all parents and the Supreme Court’s unanimous decision in is the problem of the color line.'' I believe citizens in the United States. When injustices Brown v. Board of Education; many people would not dispute this. occur it often is our response to accept it and (2) heralds this watershed in our shared As I stand before this body in honor of the move on. Progress has never occurred using history as a significant advancement of the 45th anniversary of Brown versus Board of that philosophy. I ask our parents to become most basic American principles of freedom, justice, and equality under the law; and Education, I have been constantly reminded of involved in their children's education. If you (3) repudiates racial segregation as anti- what Mr. Dubois meant. The haunting acts of see problems with your schools or problems thetical to the noble ideals upon which this church burnings, police brutality, and the with the police in your town or neighborhoodÐ great Nation was founded, and reaffirms the grave disparities in criminal executions have speak out against these injustices. fundamental belief that we are all ‘‘one Na- made it hard to forget. While the laws that created segregation and tion under God, indivisible.’’ As a result, some people feel the policies discrimination have been lifted, these terrible The resolution was agreed to. that were put into place to solve the race acts still occur. We must make our voices be A motion to reconsider was laid on problem have failed. I believe they have failed heard and let the United States government the table. H3274 CONGRESSIONAL RECORD — HOUSE May 18, 1999 GENERAL LEAVE resentatives from the People’s Repub- I urge all Members of the House to Mr. PEASE. Mr. Speaker, I ask unan- lic of China in signing a new U.S.- join us in cosponsoring the Aviation imous consent that all Members may China civil aviation agreement. Bilateral Accountability Act. have 5 legislative days within which to The new agreement will govern avia- The SPEAKER pro tempore. Under a previous order of the House, the gen- revise and extend their remarks on tion policy between the United States tleman from Montana (Mr. HILL) is rec- House Resolution 176 and House Reso- and China for the next 3 years. Unfor- ognized for 5 minutes. lution 161. tunately, like all bilateral aviation agreements, Congress did not play any (Mr. HILL of Montana addressed the The SPEAKER pro tempore. Is there House. His remarks will appear here- objection to the request of the gen- official role in the review or the ap- proval of this new agreement. after in the Extensions of Remarks.) tleman from Indiana? The SPEAKER pro tempore. Under a There was no objection. As ranking member of the House Subcommittee on Aviation, I strongly previous order of the House, the gen- f believe that Congress deserves to play tleman from California (Mr. FILNER) is a role in reviewing and approving bilat- recognized for 5 minutes. REMOVAL OF NAME OF MEMBER (Mr. FILNER addressed the House. AS COSPONSOR OF H.R. 987 eral aviation agreements. As Members of Congress, we represent the business His remarks will appear hereafter in Mr. THOMPSON of Mississippi. Mr. person, the leisure traveler, the con- the Extensions of Remarks.) The SPEAKER pro tempore. Under a Speaker, I ask unanimous consent to sumer, and the flying public in general. previous order of the House, the gen- have my name removed from H.R. 987 We should have the right to make sure tleman from Maryland (Mr. EHRLICH) is as an original cosponsor. that bilateral aviation agreements are recognized for 5 minutes. The SPEAKER pro tempore. Is there negotiated to give U.S. consumers the objection to the request of the gen- (Mr. EHRLICH addressed the House. most access to international aviation His remarks will appear hereafter in tleman from Mississippi? markets at the best prices possible. There was no objection. the Extensions of Remarks.) For example, the new U.S.-China The SPEAKER pro tempore. Under a f civil aviation agreement increases U.S. previous order of the House, the gen- access to China by doubling the num- b 2100 tleman from Indiana (Mr. SOUDER) is ber of scheduled flights and designating recognized for 5 minutes. SPECIAL ORDERS one additional U.S. carrier. However, (Mr. SOUDER addressed the House. many industry observers believe that The SPEAKER pro tempore (Mr. His remarks will appear hereafter in U.S. negotiators should not have set- SHIMKUS). Under the Speaker’s an- the Extensions of Remarks.) tled for anything less than access for nounced policy of January 6, 1999, and The SPEAKER pro tempore. Under a two additional U.S. carriers through under a previous order of the House, previous order of the House, the gentle- this very large Chinese market. woman from Indiana (Ms. CARSON) is the following Members will be recog- Therefore, I am introducing the Avia- nized for 5 minutes each. recognized for 5 minutes. tion Bilateral Accountability Act, a (Ms. CARSON addressed the House. The SPEAKER pro tempore. Under a bill to require congressional review of previous order of the House, the gen- Her remarks will appear hereafter in all U.S. aviation bilateral agreements. the Extensions of Remarks.) tleman from Indiana (Mr. BURTON) is International aviation, which is based f recognized for 5 minutes. on bilateral aviation agreements, has a (Mr. BURTON of Indiana addressed tremendous impact on the U.S. econ- COMMUNICATION FROM THE the House. His remarks will appear omy and U.S. citizens. Congress should CHAIRMAN OF THE COMMITTEE hereafter in the Extensions of Re- not be excluded from agreements of ON THE BUDGET REGARDING RE- marks.) such magnitude. VISIONS TO THE AGGREGATE f Under the Aviation Bilateral Ac- SPENDING LEVELS SET BY IN- countability Act, the executive branch TERIM ALLOCATIONS AND AG- AVIATION BILATERAL must submit each new and updated bi- GREGATES FOR FISCAL YEAR ACCOUNTABILITY ACT lateral aviation agreement to Con- 1999 The SPEAKER pro tempore. Under a gress. Then a Member of Congress must The SPEAKER pro tempore. Under a previous order of the House, the gen- introduce a disapproval resolution previous order of the House, the gen- tleman from Illinois (Mr. LIPINSKI) is within 20 days after receiving the tleman from Ohio (Mr. KASICH) is rec- recognized for 5 minutes. agreement. If a disapproval resolution ognized for 5 minutes. Mr. LIPINSKI. Mr. Speaker, I rise is not introduced within 20 days, the Mr. KASICH. Mr. Speaker, pursuant to Sec. today to introduce a piece of legisla- bilateral agreement is automatically 314 of the Congressional Budget Act, I hereby tion entitled the Aviation Bilateral Ac- approved and can be implemented. submit for printing in the CONGRESSIONAL countability Act. However, if a disapproval resolution RECORD revisions to the aggregate spending The Aviation Bilateral Account- is introduced, Congress then has 90 levels set by the interim allocations and aggre- ability Act is a bill that will require days to review the bilateral agreement gates for fiscal year 1999 printed in the congressional review of all U.S. bilat- and enact a disapproval resolution if RECORD on February 3, 1999, pursuant to H. eral aviation agreements. Inter- necessary. If a disapproval resolution is Res. 5. H.R. 1141, the conference report to national aviation is governed by a se- not enacted by the end of the 90-day pe- accompany the Emergency Supplemental Ap- ries of bilateral civil aviation agree- riod, the bilateral agreement is then propriations and Rescissions Act for fiscal ments between nations. This means automatically approved and can and year 1999, adjusts the allocation for the House that if an air carrier from the United will be implemented. Committee on Appropriations to reflect States wants to fly into or out of an- As elected representatives of the peo- $12,782,000,000 in additional new budget au- other country, the United States Gov- ple, we owe it to the American con- thority and $3,582,000,000 in additional out- ernment must first negotiate with the sumer to look out for his or her best lays for designated emergency spending. In government of that foreign country to interest. My legislation will help Mem- addition, the Committee on Appropriations will determine the terms under which the bers of Congress better represent the receive $25,000,000 less in budget authority carriers from both countries will oper- flying public by giving Congress a vital and $2,000,000 less in outlays for funds pre- ate. role in the review and approval of U.S. viously appropriated for arrearages that were U.S. bilateral aviation agreements bilateral agreements. rescinded by the conference report for H.R. are executive agreements. They are ne- Mr. Speaker, in closing, I would like 1141. Overall, the allocation to the Appropria- gotiated and signed by representatives to thank the 13 Members who have tions Committee will increase to from the Department of State and from joined me as original cosponsors of this $585,555,000,000 in budget authority and the Department of Transportation. In important legislation, including the $580,059,000,000 in outlays for fiscal year fact, Secretary of State Madeleine gentleman from Tennessee (Mr. JOHN 1999. Albright and Transportation Secretary DUNCAN, JR.) Chairman of the Sub- I also submit for printing in the CONGRES- Rodney Slater recently joined rep- committee on Aviation. SIONAL RECORD an adjusted fiscal year 2000 May 18, 1999 CONGRESSIONAL RECORD — HOUSE H3275 allocations to the House Committee on Appro- much worse than it is today. Clinton fast-paced dynamic environment that priations to reflect $1,881,000,000 in additional administration spokesmen and women requires skill and talent to build, oper- new budget authority and $1,806,000,000 in have criticized Milosevic forces for ate and maintain. additional outlays for designated emergency killing innocent civilians, and right- And so, it is today that we pause to spending. In addition, the outlay effect of the fully so, because Serb forces have thank those persons who rise every day fiscal year 1999 budget authority of H.R. 1141 killed innocent civilians. However, our to carry out the mission of providing will result in additional outlays of bombings have killed and may be kill- all Americans with the freedom of $5,452,000,000 for fiscal year 2000. The re- ing innocent civilians in Yugoslavia movement, a very basic freedom which scission of funds previously appropriated for today. is often taken for granted: Trans- arrearages will result in $2,000,000 less in Mr. Milosevic’s forces have destroyed porting children to schools, workers to outlays for fiscal year 2000. Overall, the allo- much of the infrastructure in Kosovo. work, vacationers to various leisure lo- cation to the Appropriations Committee will in- That is true. However, our bombings cations all over the country. crease to $538,152,000,000 in budget author- are destroying the infrastructure in Simply stated, we thank our trans- ity and $578,201,000,000 in outlays for fiscal Yugoslavia today. So today we have portation workers for bringing life to year 2000. death, refugees, displaced persons, pain life. We know that guaranteeing an ef- The House Committee on Appropriations and suffering among the Kosovo Alba- ficient transportation system requires submitted the report for H.R. 1141, the con- nians, but we also have death, refugees, the best and brightest in our transpor- ference report to accompany the Emergency displaced persons, and pain and suf- tation workforce. While new tech- Supplemental Appropriations and Rescissions fering among the Serbs of Yugoslavia nologies are expanding career opportu- Act for fiscal year 1999, which includes today. nities in the transportation industry, $12,757,000,000 in budget authority and As Mr. Michael Dobbs wrote in Sun- much of the seasoned transportation $3,580,000,000 in outlays for fiscal year 1999 day’s Washington Post, this adminis- workforce is retiring. designated defense and non-defense emer- tration’s oversimplistic comparison be- In 1997, the Department of Transpor- gency spending. H.R. 1141 includes tween Kosovo and Bosnia and Mr. tation launched an innovative program $1,881,000,000 in budget authority and Milosevic and Hitler has helped trans- to combat this problem. Spearheaded $7,256,000,000 in outlays for fiscal year 2000 form what would otherwise have been a by Secretary Rodney Slater, the Gar- designated emergency spending. Balkan crisis into a global crisis, the rett A. Morgan Technology and Trans- These adjustments shall apply while the leg- ramifications of which are being felt portation Futures Program is a na- tional education program designed to islation is under consideration and shall take not only in Yugoslavia, not only in reach and challenge one million stu- effect upon final enactment of the legislation. Kosovo, but throughout the entire dents of all ages to focus on their Questions may be directed to Art Sauer or Jim world. Bates at x6±7270. I would say to the President, what math, science, and technology skills. The SPEAKER pro tempore. Under a The Department’s program was does he want? The Yugoslav Govern- previous order of the House, the gentle- named after Garrett A. Morgan, an Af- ment said today it is open to peace pro- woman from Connecticut (Ms. rican-American entrepreneur who in- posals by the G–8 foreign ministers for DELAURO) is recognized for 5 minutes. vented the automated gas mask and ending the crisis over Kosovo. How (Ms. DELAURO addressed the House. traffic signal, a device that for more Her remarks will appear hereafter in many more bombs must be dropped and than 75 years remains the primary the Extensions of Remarks.) how many more deaths must be safety tool for managing automobile brought before we admit this policy f traffic. Despite his economically poor has not worked? background and lack of education, his HOW LONG MUST BOMBINGS IN I would say to the President, stop the lifetime of achievement is a model of YUGOSLAVIA CONTINUE? bombings, give negotiations an oppor- dedication to public service, public The SPEAKER pro tempore. Under a tunity to work. How long must the safety, and technology innovation. previous order of the House, the gen- bombings in Yugoslavia continue? The Garrett A. Morgan program tleman from Kentucky (Mr. WHITFIELD) f builds a foundation for success in the is recognized for 5 minutes. NATIONAL TRANSPORTATION twenty-first century transportation in- Mr. WHITFIELD. Mr. Speaker, how WEEK dustry. Designing and implementing long must the bombings in Yugoslavia satellite navigation and positioning de- The SPEAKER pro tempore. Under a continue? NATO has been bombing now vices, intermodal transportation facili- previous order of the House, the gen- for over 54 days. For what purpose? ties, advanced highway construction, tleman from Maryland (Mr. CUMMINGS) Why? magnetic levitation technology, and is recognized for 5 minutes. The President, Vice President, and ‘‘smart growth’’ community planning Mr. CUMMINGS. Mr. Speaker, May Secretary of State’s stated policy was are but a few of the critical needs for 16 to 21 is National Transportation to stop the ethnic cleansing of Kosovo transportation and global engagement Week. During National Transportation Albanians. They said they must act to in the new millennium. forestall a new round of ethnic cleans- Week, I will honor the many accom- In unveiling the program, Secretary ing by Mr. Milosevic. That was the rea- plishments of the Department of Slater stated, ‘‘We want to inspire stu- son the bombings started. But the pol- Transportation and our dedicated dents to choose careers in transpor- icy has failed. The bombings have not transportation workers. I will high- tation so that this Nation will have the worked. light the human factors, the tech- skilled workforce needed to operate Today there are nearly 800,000 refu- nology, education, and safety accom- and maintain the world’s best trans- gees in Macedonia, another 500,000 in- plishments that make our transpor- portation system.’’ ternally displaced within Kosovo, thou- tation system one of the best in the I urge my colleagues to salute the sands have been murdered, Macedonia world. transportation workforce for what they has been destabilized, and our foreign Usually when we discuss transpor- do every day and for the service they relations with Russia and China are se- tation we comment on the aspects of will provide in the future. verely strained. the industry, such as highways, air- f Furthermore, in today’s Washington planes, and railroads. But what about Post it was written that in Latin the people? The people are the element RETIREMENT SECURITY America, Asia, Africa, the Middle East, that make transportation work and The SPEAKER pro tempore. Under a and other regions with little direct in- have firmly established the United previous order of the House, the gen- terest in the conflict, opposition to the States transportation system as one of tleman from Ohio (Mr. PORTMAN) is bombings is surfacing in statements by the safest and most efficient in the recognized for 5 minutes. elected officials, in newspaper edi- world. Mr. PORTMAN. Mr. Speaker, I am torials of the opinion polls, and by pub- The bus drivers, the airline pilots, here tonight to talk about retirement lic protest. ships’ captains, locomotive engineers, security. From a policy point, it is difficult to air traffic controllers, and truck driv- With Americans living longer and 76 imagine how the situation could be ers, to name just a few, function in a million baby-boomers soon to begin H3276 CONGRESSIONAL RECORD — HOUSE May 18, 1999 their retirement years, solving Social pension plan at all. Those people who House, the gentleman from Maryland Security’s fiscal problems has to be work in smaller businesses again where (Mr. CARDIN) is recognized for 5 min- and should be a top priority of this most of our jobs are being created in utes. Congress. And I think it is. I think it is our economy even have a lower possi- Mr. CARDIN. Mr. Speaker, I yield to a top priority of the President, as well. bility of having any kind of retirement the gentleman from Ohio. I encourage that, and I hope that we savings through their employer. Mr. PORTMAN. I thank my colleague come up with a Social Security solu- This is all happening, incidentally, at from Maryland for yielding. We have tion even this year. a time when savings in our country is been laboring at this for a couple of But we also have to realize that So- at an all-time low. The pension plans years now. We have worked with a lot cial Security is not going to solve all of around the country would normally be of different groups around the country our retirement security problems. So- contributing to higher savings but they who are concerned with people being cial Security was never meant to han- simply are not as accessible as they able to have a secure retirement. This dle all the retirement needs of Ameri- should be. This shows the U.S. personal includes incidentally for this proposal cans and, in fact, for most Americans savings over time starting with 1935. we are talking about tonight the it does not. Rather, it is just one leg of Actually today we are at the lowest Chamber of Commerce of the United a three-legged stool that people rely on level at least since the Great Depres- States, as well as the AFL–CIO. To in their retirement. sion. Some economists think we are at have that kind of a broad cross-section As my colleagues can see from this our lowest savings rate ever. That is on any legislation around here is rath- chart here, Social Security, employer another reason we need to reform our er unusual. Why are all these groups provided pensions, and personal savings pension laws, because pensions again supporting this proposal? For one very is the three-legged stool that Ameri- are a major part of retirement savings simple reason. They all have people cans rely on for their retirement. This but also of our overall savings in this they are representing who want to pro- is a critical issue for all Americans, by country which is so important. We vide retirement security for workers. the way, not just those Americans who have a plan to try to change this. This proposal is common sense are in retirement but those approach- I have come up with this plan with changes, as the gentleman from Mary- ing those retirement years. the gentleman from Maryland (Mr. land said, to permit, for example, port- We must move forward with policies CARDIN) who is also with us tonight. ability where you can be able to take that make a real difference in terms of What this will do is it will provide for your pension from job to job, respond- providing overall retirement security an increase in contribution levels and ing to the increasingly mobile work- for all Americans. It will mean for compensation levels and in benefit lim- force out there. It also again goes into many Americans the difference be- its for all employees. It enables us, in the pension rules and regulations tween mere subsistence or even pov- other words, to let people save a lot which have become so burdensome that erty in retirement, on the one hand, more for their own retirement. It also many small employers simply will not and real prosperity and a comfortable takes out a lot of the well meaning but offer a plan at all. It cuts down on retirement, on the other hand. very restrictive rules and regulations those rules and regulations to the point that smaller businesses are now b 2115 that have come in place with our pen- sion policy. going to be able to get into this busi- I am going to talk tonight about this Mr. CARDIN. Mr. Speaker, will the ness. It also cuts down some of the li- leg of the retirement stool called em- gentleman yield? ability for our smaller businesses. Fi- ployer-provided pensions. This is 401(k) Mr. PORTMAN. I yield to the gen- nally, very important, as the gen- plans, it is 457 plans, 403(b) plans and tleman from Maryland. tleman from Maryland said, it has the other defined contribution plans. It is Mr. CARDIN. First let me thank the ability for people to save more for their also the defined benefit plans, profit gentleman from Ohio for taking this own retirement. One that I particu- sharing plans and so on. Pension sav- time. I know we do not have much time larly like that the gentleman from ings are already, as this chart shows, tonight. The point that he makes Maryland is very supportive of is the an important part of Americans’ retire- which is so important that, yes, we catch-up provision, for people who are ment security, but not all is well with need to resolve Social Security, that is over 50 years old coming back into the our pension program today. Only half very important. But we also need to workforce. This would be a lot of work- of all Americans, for example, even deal with private retirement in our ing moms who stayed home to take have a pension today. community. I congratulate the gen- care of kids and are now coming back What really concerns me as we look tleman on the work on the legislation into the workforce, we allow them to from 1983 until 1993 where we should that he introduced. His point is so well contribute an additional $5,000 a year have made a lot of progress in this taken, that we have to make it easier to their retirement plan. This will help area, we have roughly stayed the same. for small business to provide employer- a lot of people to be able to build up Only half of Americans today in the sponsored retirement plans for their that nest egg that is necessary for re- workforce have any kind of pension at employees. We have to increase the tirement. all. That is anything, a 401(k), a simple limits, not reduce, in which people can Mr. CARDIN. Let me just if I might plan, a profit sharing plan, anything. put away for their personal retirement. in concluding, it is important for us to To me that is a major problem, one We must make it easier for portability act on private retirement for many that we should address here in the in today’s market where people change reasons. One is that yes, we are very United States Congress, who want to jobs to be able to combine their pen- pleased with the growth of our econ- give Americans more access to a com- sion plans to make it easier for them. omy. We are projecting budget sur- fortable retirement. We have got to remove a lot of these pluses. We have low rates of inflation, This means, by the way, that about complexities that we have put in the low unemployment rates. We are very 60 million Americans have no pension, law that are preventing employers pleased by the signs that we see in our no private retirement savings through from even having pension plans to help economy. But there is one statistic their employer. It is even worse than their employees. I just really wanted to that the gentleman from Ohio pointed that really because when we look at so emphasize the point that he was mak- out which is not good for our future many of the jobs that are being created ing that we need to act in this Con- and, that is, the amount of savings in our economy today, it is in the gress on private retirement as well as that we have as a Nation. Among the smaller businesses. This chart shows Social Security. industrial nations, we rank near the that among smaller companies, the Mr. PORTMAN. I thank the gen- bottom on the amount that we save on percentage of companies that offer any tleman very much. a per capita basis. The chart that the kind of a pension is even smaller. f gentleman used earlier showed that we These two blocks together would be all are actually saving less today than we companies of 25 or fewer employees. RETIREMENT SECURITY did 10 years ago. We should be saving This shows that only 19 percent of The SPEAKER pro tempore (Mr. more, particularly when we look at them on average offer any kind of a SHIMKUS). Under a previous order of the how strong our economy is. We need to May 18, 1999 CONGRESSIONAL RECORD — HOUSE H3277 adopt here in this body policies that markable. Furthermore, Mr. Speaker, Later this month, Armenia will once will make it easier for Americans to given the fact that many of Armenia’s again find itself under heavy inter- save for the future, that is good for neighbors are ruled by authoritarian national scrutiny because of the elec- their security when they retire. It is governments, some of which maintain tions. The Organization for Security good for economic growth in this Na- a hostile and aggressive attitude, the and Cooperation in Europe on April 26 tion. It makes sense. It is not a par- determination of the Armenian people set up a monitoring mission with 15 tisan issue. It is a bipartisan issue. I to work towards a democratic political long-term observers deployed around urge this body during this session to system is all the more impressive. the country to monitor the election take up legislation that will make it Armenian voters last went to the campaign and administrative prepara- easier for Americans to save for their polls in March of 1998 to elect a Presi- tion, and to assess the implementation future. The Portman-Cardin bill is a dent. The winner of that election, of the new electoral code. major step forward in this direction. President Robert Kocharian, was here Mr. Speaker, I am confident that the We hope that we would consider it this in Washington last month as part of Armenian people will demonstrate year. the NATO summit. He also came to once again during this election on May Mr. PORTMAN. I would urge my col- Capitol Hill to meet with Members of 30 their commitment to building a soci- leagues on both sides of the aisle to Congress to discuss the prospects for ety based on civility, the rule of law talk to the gentleman from Maryland, U.S.-Armenia relations and our role in and tolerance for each other’s opinions. talk to me. H.R. 1102 is the name of the promoting stability and economic de- This election I think will go far once legislation. We have a number of co- velopment in the Caucasus region. Ar- again to show the progress of Arme- sponsors. We are looking for more. If menia’s central location in the heart of nia’s democracy. this region at the crossroads of Europe, we can come together again on a bipar- The SPEAKER pro tempore. Under a Russia, the Middle East and Central tisan basis to solve this problem and previous order of the House, the gentle- Asia will make it an increasingly im- get this legislation passed, it will make woman from Texas (Ms. JACKSON-LEE) portant country for the U.S. strategic the difference in people’s lives. It will is recognized for 5 minutes. considerations in the 21st century. (Ms. JACKSON-LEE addressed the allow for millions of Americans to have Mr. Speaker, for a country with less House. Her remarks will appear here- real security in retirement rather than than 4 million people living in an area after in the Extensions of Remarks.) mere subsistence. It is something that about the size of the State of Mary- f we can do this year. Of course we all land, Armenia has an extremely di- want to solve Social Security’s prob- verse group of political parties rep- MANAGED CARE REFORM lems. That may be a little more dif- resenting a wide range of ideologies. The SPEAKER pro tempore. Under ficult to do in this environment. But More than 800 individual candidates the Speaker’s announced policy of Jan- this is one where we should be able to and 21 political parties are vying for uary 6, 1999, the gentleman from Iowa come together to provide for people to 131 seats in the parliament; 75 seats (Mr. GANSKE) is recognized for 60 min- be able to save more for their retire- will be contested in single-candidate utes as the designee of the majority ment even outside of Social Security, constituencies, while 56 seats are re- leader. even while we are working on the So- served for a system of proportional rep- Mr. GANSKE. Mr. Speaker, here it is, cial Security problem. resentation. the middle of May, and no movement The SPEAKER pro tempore. Under a According to a recent report, 11 polit- by the House leadership on fixing HMO previous order of the House, the gen- ical parties and blocs have used the abuses. Time is passing by quickly this tleman from Indiana (Mr. HILL) is rec- free TV air time that has been allotted year. Yet the chairmen of the commit- ognized for 5 minutes. to them. Media outlets representing di- tees of jurisdiction have done virtually (Mr. HILL addressed the House. His verse ideologies are covering the elec- nothing to move this forward. remarks will appear hereafter in the tions. For the first time, the campaign Mr. Speaker, I have worked on this Extensions of Remarks.) and election will be covered on the problem along with many others in f Internet. Paid political advertisements this House for over 4 years. We have had debates and debates and debates. PARLIAMENTARY ELECTIONS IN for this election cycle have exceeded The issues are laid out. They have been ARMENIA the levels of all previous election cam- paigns. A survey by the Armenian So- laid out in a debate last year. There is The SPEAKER pro tempore. Under a ciological Association indicated that no excuse why we should not move previous order of the House, the gen- voter turnout would be as high as 75 managed care reform to the floor soon. tleman from New Jersey (Mr. PALLONE) percent, although other polls suggest There is a real reason for this. There is recognized for 5 minutes. figures could be somewhat lower than are people that are being injured by Mr. PALLONE. Mr. Speaker, on Sun- that. The polls indicate that at least HMO abuses today. day, May 30, the Republic of Armenia six parties and blocs would be able to Let me give my colleagues a couple will hold parliamentary elections. In garner the 5 percent threshold of votes of examples of people who have had these last 2 weeks leading up to elec- needed to be represented in the Par- problems with their HMOs. A few years tion day, the parties and candidates liament. The major issue is expected to ago, a young woman was hiking in the are intensifying their campaigns and be the economy. Shenandoah mountains just a little are holding rallies, meetings and using Mr. Speaker, I just want to stress ways west of Washington, D.C. She fell free TV air time as well as paid com- that in the first few elections held in off a 40 foot cliff. She was lucky she did mercials to get their message out to the first few years after Armenia be- not fall into the rocky pond where she the voters. Both domestic and inter- came a democracy, there were admit- might have drowned. But she fractured national observers will closely scruti- tedly some problems. But last year’s her skull, she broke her arm, and she nize the conduct of the election to en- presidential elections showed the world broke her pelvis. She is laying there at sure that it is free and fair. Armenia’s that Armenia has made significant the bottom of this 40 foot cliff semi- Central Elections Commission has progress in just a few years despite the comatose. Fortunately a hiking com- promised equal treatment for all par- legacy of 70 years of Communist dicta- panion had a cellular phone and they ties and has vowed to penalize anyone torship. After the resignation of Arme- airlifted her into the emergency room. who commits illegal or fraudulent acts nia’s first President, Levon Ter- She was treated in the hospital, in the connected to the election. Petrosian, in early 1998, the transition intensive care unit for quite a while, Mr. Speaker, we Americans may take was handled in an orderly manner ac- was in the hospital I think for over a for granted the idea of free and fair cording to the nation’s constitution. month. When she was discharged, she elections, but in Armenia as a former The presidential election conducted in found that her HMO was not going to captive nation under the Soviet Union, two rounds was peaceful and well-orga- pay her bill. the progress of democracy and the es- nized, and the legitimacy of the out- Why, Mr. Speaker? The HMO said tablishments of the institutions of a come was accepted by the vast major- this young woman, Jackie Lee is her civil society in less than a decade of ity of observers inside and outside Ar- name, did not phone ahead for prior au- independence is nothing short of re- menia. thorization. H3278 CONGRESSIONAL RECORD — HOUSE May 18, 1999 Now, think about that. Was she sup- hospital, picture his mother trying to powerful you are or how much you posed to know that she was going to save her little baby’s life. know, patients get atrocious care.’’ fall off that 40 foot cliff? Or maybe Turns out that little Jimmy is a Remember, this is the father of the when she was laying there, semicoma- pretty tough guy. They manage to HMO movement. He is saying patients tose at the bottom of the cliff with a eventually get him to the hospital get atrocious care and can do very lit- broken skull, a broken arm, a broken alive. But because of that delay in tle about it. pelvis, she was supposed to rouse her- treatment, that cardiac arrest, little He goes on: ‘‘I have increasingly felt self, maybe with her nonbroken arm Jimmy ends up with gangrene of both that we’ve got to shift the power to the pull out of her pocket a cellular phone hands and both feet, and both hands patient. I am mad,’’ he said, ‘‘in part and dial a 1–800 number to her HMO and both feet have to be amputated, all because I’ve learned that terrible care and say, ‘‘Hey, you know, I just fell off because of the delay caused by that can happen to anyone.’’ a 40 foot cliff. I need to go to the hos- medical decision that that HMO made. Mr. Speaker, maybe Paul Elwood was pital.’’ I talked to Jimmy’s mother about a thinking about Jackie Lee. Maybe he month ago, asked her about how little was thinking about little Jimmy b 2130 Jimmy was coming along now. As my Adams. Mr. Speaker, fortunately she was colleagues know, despite wonderful Mr. Speaker, this is not the com- able to get some help from her State prostheses that we have now, it is safe mentary of a mother whose child was insurance commissioner, and she was to say that Jimmy is not going to be injured by her HMO’s refusal to give able to get that HMO’s decision re- an athlete, and I know that when he appropriate care. It is not the state- versed, but as my colleagues know, Mr. grows up and gets married he is not ment of a doctor who could not get re- Speaker, a lot of people would not have going to be able to caress the check of quested treatment for a patient. Mr. that basic protection because most of the woman that he loves with his hand Speaker, these words suggesting that the people in this country receive their because he has bilateral hook pros- consumers need real protections from insurance through their employer, and theses. He is able to pull on his leg HMO abuses come from the father of when they get their insurance through prostheses now with his arms’ stumps, managed care. their employers, their State insurance but he cannot get on both bilateral Now I am tempted to stop here and commissioner does not have any juris- arm prostheses without a lot of help just let his words speak for themselves, diction because of a past Federal law. from his parents. but I think it is important to share Now, if my colleagues think the case Jimmy will live the rest of his life with my colleagues an understanding of Jackie Lee was bad, let me tell my without his hands and his feet, and do of the flaws in the health system that colleagues about another case. This you know that in a similar situation, if led Paul Elwood to reach his conclu- was about a little 6-month-old boy you receive your insurance through sion. Cases involving patients who lose named James Adams. your employer and your HMO has made their limbs or even their life are not A couple years ago, about 3:00 in the that type of medical decision that has isolated examples. They are not just morning, James’ mother, Lamona, was resulted in the loss of the hands and mere, quote, anecdotes, unquote. I taking care of him. He was pretty sick. feet of your little baby, that that HMO mean those anecdotes, if they have a He had a temperature of over 104. He by prior Federal law is liable for noth- ing? Hard to believe? finger, and you prick it, they bleed. was crying, he was moaning. As a Mr. Speaker, on May 4 USA Today mother can tell, her little baby was That is all the result of a law that Congress passed 20-some years ago that ran an excellent editorial on this very really sick. So Lamona phones that 1– subject. It was entitled: ‘‘Patients Face 800 number for her HMO. She explains: gives total immunity for liability to an HMO that makes that type of dev- Big Bills as Insurers Deny Emergency ‘‘My little baby is sick and needs to go Claims.’’ After citing a similar case in- to the emergency room soon.’’ astating medical decision that has re- sulted in loss of hands and feet or volving a Seattle woman, USA Today She gets an authorization from this made some telling observations. Quote: bureaucrat, but the authorizer says, maybe even loss of life. The only thing under Federal law that that plan is re- ‘‘Patients facing emergencies might ‘‘I’m only going to allow you to take feel they have to choose between put- little Jimmy to the Shriner’s Hos- sponsible for is the cost of the treat- ment that would be rendered, and after ting their health at risk and paying a pital.’’ all, Jimmy made it to the hospital, so huge bill they may not be able to af- Lamona says, ‘‘Well, where is that?’’ ford.’’ This disembodied voice a thousand he got his treatment. Turns out a Federal judge looked at That was exactly the situation that miles away says, ‘‘Well, I don’t know. the margin of safety for that HMO, and Mr. and Mrs. Adams were in as they Find a map.’’ I will never forget the quote. The judge were driving along the highway with a Well, Lamona, the Adams family, said the margin of safety for that HMO really sick infant. They were not lived way to the east of Atlanta, Geor- in this instance was razor thin, quote, trained medical professionals. They gia. The hospital that they were au- unquote; I would say, Mr. Speaker, knew if they stopped, though, at that thorized to go to was on the other side about as razor thin as the scalpel that unauthorized emergency room, they of Atlanta, 70-some miles away. had to cut off little Jimmy’s hands and were going to be stuck with the bill. It is a stormy night, so Mr. And Mrs. feet. The editorial goes on to say, quote: Adams wrap up little Jimmy, get in Mr. Speaker, I am far from alone in ‘‘All patients are put at risk if hos- the car and start their trek. About holding that view that we need real pitals facing uncertainty about pay- halfway there, as they are going HMO reform. Last week, for example, ment are forced to cut back on medical through Atlanta, Georgia, they pass Paul Elwood gave a speech at Harvard care,’’ and this is hardly an isolated Baptist Hospital, Piedmont, Emory University on health care quality, problem. The Medicare Rights Center Hospital, all with world-renowned med- HMO quality. Now, Mr. Speaker, Paul in New York reported that 10 percent ical facilities and emergency rooms Elwood is not exactly a household of complaints for Medicare HMOs re- that could have taken care of little name, but he is considered the father of lated to denials for emergency room Jimmy Adams. But they do not have the HMO movement. bills. an authorization from their insurance Elwood told a surprised group of peo- The editorial noted that about half company, from their HMO, and they ple that he did not think health care the States have enacted a prudent lay know that if they stop, then they are quality would improve without govern- person definition for emergency care in going to be stuck with the bill which ment imposed protections. Market the last 10 years, and Congress has could be thousands of dollars. forces, he told the group, quote, ‘‘will passed such protection in Medicare and So, not being medical professionals, never work to improve quality, nor will in Medicaid, but nevertheless the USA they think, ‘‘Well, we can push on.’’ voluntary efforts by doctors and health Today editorial concludes that the cur- About 23 miles from the Shriner’s Hos- plans.’’ Nor will voluntary efforts by rent patchwork of laws would be much pital little Jimmy has a cardiac arrest doctors and health plans. strengthened by passage of a national in the car. Picture his dad driving Elwood went on to say, and I quote: prudent lay person standard that ap- along frantically trying to find the ‘‘It doesn’t make any difference how plies to all Americans. And that is why May 18, 1999 CONGRESSIONAL RECORD — HOUSE H3279 in my bill, the HMO Reform Act of nials or delays in paying claims, including bacco industry, and anyone who still 1999, and the bill of the gentleman from those for emergency treatments. needs proof about what the public A report from the New York-based Medi- Michigan (Mr. DINGELL), the Patient thinks about it just needs to go to that care Rights Center released last fall found Bill of Rights, we have a provision in that almost 10% of those who called the cen- movie ‘‘As Good As It Gets.’’ Audiences there that would have prevented the ter’s hotline complained of HMO denials for clapped and cheered, when I went and type of occurrence that we had with emergency room bills. saw that movie with my wife, when little Jimmy Adams, because it says if ER doctors in California complain that Academy Award winner Helen Hunt ex- the average lay person would think Medicaid-sponsored health plans routinely pressed a strong expletive about the that this is truly an emergency, you fail to pay for ER care, despite state and fed- lack of care her asthmatic son was get- can take that patient or you can go eral requirements to do so. Other states have ting from their HMOs. And no doubt yourself directly to the emergency received similar reports, and the California the audience’s reaction was fueled by state Senate is considering a measure to room and the HMO has to pay the bill. toughen rules against this practice. dozens of articles and stories very crit- The final sentence of that editorial The industry has good reason to keep a ical of managed care, bolstered by real- from USA Today reads, quote: ‘‘Pa- close eye on emergency room use. Too many life experiences. tients in distress should not have to patients use the ER for basic health care In September 1997 the Des Moines worry about getting socked with big when a much cheaper doctor’s visit would Register ran an op-ed piece entitled, health bills by firms looking only at suffice. quote, The Chilly Bedside Manner of their bottom line.’’ But what’s needed to address that is better HMOs, unquote, by Robert Reno, a patient education about when ER visits are Mr. Speaker, I ask that the full text justified and better access to primary care Newsweek writer. of this editorial be included in the for those who’ve long and had no choice The New York Post, and I see my col- RECORD at this point: other than the ER, not egregious denials for league from New York (Mrs. [From USA Today, May 4, 1999] people with a good reason to seek emergency MCCARTHY) sitting here waiting, she care. PATIENTS FACE BIG BILLS AS INSURERS DENY knows the New York Post ran a series, Since the early 1990s, more than two dozen EMERGENCY CLAIMS a week-long series of articles on man- states have tried to staunch that practice aged care, and some of the headlines Early last year, a Seattle woman began with ‘‘prudent layperson’’ rules. The idea is suffering chest pains and numbness while that if a person has reason to think his con- were: ‘‘HMO’s Cruel Rules Leave Her driving. The pain was so severe that she dition requires immediate medical attention, Dying for the Doc She Needs.’’ pulled into a fire station seeking help, only health plans in the state are required to pay Another headline blared out: ‘‘Ex to be whisked to the nearest hospital, where for the emergency care. Those same rules New Yorker Is Told: Get Castrated So she was promptly admitted. now apply for health plans contracting with We Can Save Dollars.’’ To most that would seem a prudent course Medicare and Medicaid. Or how about this one: ‘‘What His of action. Not to her health plan. It denied A national prudent layperson law covering payment because she didn’t call the plan Parents Didn’t Know About HMOs May all health plans would help fill in the gaps Have Killed This Baby.’’ first to get ‘‘pre-authorized,’’ according to an left by this patchwork of state and federal investigation by the Washington state insur- rules. Or how about the 29-year-old cancer ance commissioner. At the very least, however, the industry patient whose HMO would not pay for The incident is typical of the innumerable should live up to its own advertised stand- his treatments? Instead, the HMO bu- bureaucratic hassles patients confront as ards on payments for emergency care. Pa- reaucrat reviewer told him to hold a HMOs and other managed care companies at- tients in distress should not have to worry fund-raiser. A fund-raiser? Mr. Speak- tempt to control costs. But denial of pay- about getting socked with big health bills by er, I thought we were talking about pa- ment for emergency care presents a particu- firms looking only at their own bottom line. tient protection legislation, not cam- larly dangerous double whammy: Mr. Speaker, there are few people in Patients facing emergencies might feel paign finance reform. this country who have not personally they have to choose between putting their b 2145 health at risk and paying a huge bill they had a difficult time getting health care may not be able to afford. from an HMO. Whether we are talking To counteract this, some health All patients are put at risk if hospitals, about cases like little Jimmy Adams or plans have even taken to bashing their facing uncertainty about payment, are Jackie Lee or we are talking about own colleagues. Here in Washington forced to cut back on medical care. people that we work with or even mem- one ad declared, ‘‘we do not put unrea- Confronted with similar outrages a few bers of our family, the HMO industry sonable restrictions on our doctors. We years ago, the industry promised to clean up has earned a reputation with the public do not tell them that they cannot send its act voluntarily, and it does by and large you to a specialist.’’ pay up for emergency care more readily than that is so bad that only tobacco compa- it did a few years ago. In Pennsylvania, for nies are held in lower esteem. In Chicago, Blue Cross ads pro- instance, denials dropped to 18.6% last year Let me give my colleagues a few sta- claimed, ‘‘we want to be your health from 22% in 1996. tistics. By more than 2 to 1 Americans plan, not your doctor.’’ In Baltimore, That’s progress, but not nearly enough. support more government regulation of an ad for Preferred Health Network as- Several state insurance commissioners have HMOs. Last month the Harris poll re- sured customers, ‘‘at your average been hit with complaints about health plans vealed that only 34 percent of Ameri- health plan cost controls are regulated trying to weasel out of paying for emergency cans think managed care companies do by administrators but at PHN doctors room visits that most people would agree are are responsible for controlling costs.’’ reasonable—even states that mandate such a good job of serving their customers. payments. Examples: That is down significantly from 45 per- Mr. Speaker, advertisements like Washington’s insurance commissioner cent of a year ago, but 45 percent is these demonstrate that even the HMOs sampled claims in early 1998 and concluded certainly no statistic that I would be know that there are more than a few in an April report that four top insurers bla- proud of if I were the HMO industry. rotten apples in the barrel. In trying to tantly violated its law requiring plans to pay Even more amazing were the results stave off Federal legislation to improve for ER care. Two-thirds of the denials by the when Americans were asked whether health care quality, many HMOs have biggest carrier in the state—Regence they trusted a company to do the right insisted that the free market will help BlueShield—were illegal, the state charged, cure whatever ails managed care. as were the majority of three other plans’ de- thing if they had a serious safety prob- nials. The plans say those figures are grossly lem. Mr. Speaker, this is an amazing Mr. Speaker, I am a firm believer in inflated. statistic. When Americans were asked benefits to a free market, but the The Maryland Insurance Administration is whether they trusted HMOs to do the health care market is anything but a looking into complaints that large portions right thing if they had a serious prob- free market. Free markets are not of denials in that state are illegal. In a case lem, by 2 to 1 Americans would not dominated by third parties paying first reported to the state, an insurance company trust HMOs in such a situation, and dollar coverage. Free markets do not denied payment for a 67-year-old woman that level of confidence is far behind reward customers for giving less serv- complaining of chest pain and breathing ice. Is there any other industry in this problems because it was ‘‘not an emer- other industries such as hospitals, air- gency.’’ lines, banks, even the automobile man- country that gets paid for doing less? Florida recently began an extensive audit ufacturers. And free markets do not feature lim- of the state’s 35 HMOs after getting thou- In fact, about the only industry that ited competition, either geographically sands of complaints, almost all involving de- fared worse than HMOs was the to- or because an employer says here is H3280 CONGRESSIONAL RECORD — HOUSE May 18, 1999 your health plan, take it or leave it. following their own criteria then they self-insured plan they skate free. They Some choice a consumer has in that are shielded from court review. do not have that responsibility. That is situation, and that is about the way it Mr. Speaker, this is why I so vigor- wrong. Congress created that loophole is for about 50 percent of the people in ously opposed the bill that passed this and Congress needs to fix it. this country who get their insurance House last year because there was a On the other hand, I do not want to through their employers. provision in that bill that basically see these cases simply end up ex post The Washington Business Group on said the health plan can determine any facto in the courts. It does not do Health recently released its fourth an- definition of medical necessity that it Jimmy Adams any good. He cannot get nual survey report on purchasing value wants. Because of this law that Con- his hands and his feet back after the in health care. Here are a few examples gress passed 25 years ago, ERISA, the fact. of how the market is working to im- Employee Retirement Income Security So what do we need? We need to have prove quality care. Fifty-one percent of Act, the courts are holding that they an internal and an external appeals employers believe cost pressures are can do that, they can totally disregard process so that those disputes are re- hurting quality. This is not employees. generally accepted prevailing stand- solved before someone ends up with the These are the employers. In evaluating ards of medical care. They can have injury. and selecting health plans, 89 percent their own secret protocols. I believe there is a reasonable com- of employers considered cost. Less than As a reconstructive surgeon I have promise that should be supported on half consider accreditation status and taken care of a lot of children with this issue, and it works like this and it only 39 percent consider consumer sat- cleft lips and palates. In their own in- is in my bill: If there is a dispute on a isfaction reports. Employees are given ternal plan they can say, well, yes, we denial of coverage between the patient limited information about their plans. will cover cleft lip surgery but we are and his health plan, then go through an Only 23 percent of companies tell em- not going to allow it until the kid is 16 internal appeals process. If there is ployees about appeals and grievance years old. still a dispute, then either the patient processes. In the last 3 years, the per- There would be nothing under cur- or the health plan can take that dis- centage of businesses giving employees rent law that could prevent them from pute to an independent peer panel for a consumer satisfaction results has doing that. It is totally contrary to binding decision on the health plan. dropped from 37 percent to 15 percent. generally accepted principles of med- There is another difference from last So much for the quality aspect. Over ical care. If you were the parents, year’s GOP bill. One could go to that half of employers offer employees an think about this. Here your baby is independent review panel but it was incentive to select plans with lower born with a great big hole in the mid- not binding on the plan, their decision. costs, but just 15 percent of plans offer dle of his face, his lip is separated that So in the end the HMO could end up financial inducements to their employ- far, he has a hole in the roof of his doing what they want. That should be ees to purchase a higher quality plan. mouth, he can’t speak, but according changed. It should be binding on the Mr. Speaker, a recent Court of Ap- to these court cases on the interpreta- plan and there should not be a conflict, peals decision in the case Jones v. tion of ERISA those health plans can any conflict of interest, between that Kodak explains just how dangerous the do anything they want to and they do independent review panel. So the ben- ‘‘free market’’ is to patients. Mrs. not even need to share the information efit to the patient of that is that they Jones received health care through her with the beneficiaries. get to have a second opinion that is employer Kodak. The plan denied her Mr. Speaker, I have introduced legis- free of any taint of conflict of interest request for inpatient substance abuse lation, H.R. 719, the Managed Care Re- on the part of either the doctor or the treatment, finding she did not meet form Act, and it addresses these prob- health plan. their protocols. The family took the lems. It gives patients meaningful pro- The benefit to the plan is this, and case to an external reviewer, who tections. It creates a strong and inde- when I talked about this with the CEO agreed that Mrs. Jones did not meet pendent review process. It removes the of my own Blue Cross Blue Shield plan the criteria for the benefits of the plan, shield of ERISA which health plans in Iowa, he said, Greg, we are imple- but the reviewer observed, ‘‘the cri- have used to prevent State court neg- menting the patient bill of rights. It is teria are too rigid and they do not ligence actions. costing us almost nothing. We will see allow for individualization of case It has received a lot of support, Mr. no premium increases from that. On management.’’ In other words, the cri- Speaker. It has been endorsed by con- that issue of liability, if there is a dis- teria were not appropriate. sumer groups like the Center for Pa- pute on a denial of care, I could see In denying Mrs. Jones’ claims, the tient Advocacy, the American Cancer going to an independent panel for an Tenth Circuit Court of Appeals held Society, the National Association of external review and I could see that that the Employee Retirement Income Children’s Hospitals, the National Mul- panel determining medical necessity, Security Act, ERISA, does not require tiple Sclerosis Society. It has also been and I could see it being binding on us, plans to state the criteria used to de- supported by many health care pro- but if an independent panel has made termine when a service is medically vider groups such as the American that decision and it is binding on us, necessary. On top of that, the Court Academy of Family Physicians whose and we did not make that decision, i.e., ruled that unpublished criteria are a members are on the frontlines. They the health plan did not make the deci- matter of plan design and structure, are the gatekeepers. They have seen sion, then we should be free of punitive rather than implementation. There- how faceless HMO bureaucrats thou- damages liability. That is what I put fore, they are not reviewable by the ju- sands of miles away, bureaucrats who into the bill. diciary. have never examined a patient, denied So there is a carrot to the patient to Mr. Speaker, think about this for a needed medical care because it does get that second opinion but there is minute. The implications of this deci- not fit their plan ‘‘criteria.’’ also on a dispute an incentive for the sion, I think, are breathtaking. Jones I want to focus on one small aspect of health plan to take it to that inde- v. Kodak provides a road map to health my bill as it relates to liability. It has pendent panel. plans to deny any type of care they been a firm principle of this Repub- Let us say that a patient asks for want. Under Jones v. Kodak, health lican Congress that people should be apricot juice in order to treat cancer plans do not need to disclose to poten- responsible for their actions. In the in- and the health plan very appropriately tial or even to current enrollees the dividual insurance market, if Blue says, no scientific evidence for that, specific criteria they use to determine Cross Blue Shield sells a plan to an in- but that patient is still unhappy. The whether a patient will get treatment. dividual and Blue Cross Blue Shield plan knows that they have an unhappy There is no requirement that a health makes a medical decision that results camper. In this situation, if my bill plan use guidelines that are applicable in negligence, then they are liable. were law, the health plan could take or appropriate to a particular patient’s That is current law. That is the way it that to the independent panel. They case. is in the States. would know that they are going to get Most important to the plans, the de- According to this law that Congress confirmation to support their decision, cision ensures HMOs that if they are passed 25 years ago, if that plan is a but in so doing they would also protect May 18, 1999 CONGRESSIONAL RECORD — HOUSE H3281 themselves from any punitive damages the Business Roundtable, a key coalition their health care premiums, when they liability. If they do not follow that member, that reveals that the Congressional get sick, will actually mean some- independent panel’s decision, then they Budget Office has not estimated the cost of thing. are liable for punitive damages. I think Ganske’s proposal. The budget office is the Mr. Speaker, we have talked about li- independent reviewer in disputes over the that is the essence of the compromise impact of legislative proposals. ability. We have talked about cost. Fi- that we should have on this bill. So what’s going on? Take a look at the nally I want to say one thing about In fact, this was recently written coalition’s record. Earlier this year, it is said what my bill does not do. Recently I about in the Hartford Courant by an it was disappointed when Rep. Michael Bili- had a large employer from the upper editorialist named John MacDonald, rakis, R-Fla., introduced a modest patients’ Midwest come into my office and say and I would insert his editorial in the rights proposal. It said Sen. John H. Chafee, we have businesses in every State. If CONGRESSIONAL RECORD at this point: R-R.I., and several co-sponsors had intro- your bill passes, then we would not be duced a ‘‘far left’’ proposal that contains able to design a uniform medical bene- [From the Hartford Courant] many extreme measures. John Chafee, left- A COMMON-SENSE COMPROMISE ON HEALTH ist? And, of course, it thinks the Kennedy- fits package for all of our companies’ CARE Dingell bill would be the end of health care employees. (By John MacDonald) as we know it. I was flabbergasted, Mr. Speaker. U.S. Rep. Greg Ganske is a common-sense The coalition is right to be concerned That is not what my bill does. ERISA lawmaker who believes patients should have about costs. But the persistent No-No-No will continue. I only change ERISA in more rights in dealing with their health chorus coming from the group indicates it terms of when a health plan makes a plans. He has credibility because he is a doc- wants to pretend there is no problem when medical decision, in terms of their li- tor who has seen the runaround patients doctor-legislators and others know better. ability, but there is nothing in my bill This week, Ganske received an endorse- sometimes experience when they need care. that would say a multistate business And he’s an Iowa Republican, not someone ment for his bill from the 88,000 member American Academy of Family Physicians. would have to follow the State man- likely to throw in with Congress’ liberal left dates of every State that it was in. wing. ‘‘These are the doctors who have the most For all those reasons, Ganske deserves to contact with managed care,’’ Ganske said. b 2200 be heard when he says he has found a way to ‘‘They know intimately what needs to be give patients more rights without exposing done and what should not be done in legisla- They could continue, let me repeat, health plans to a flood of lawsuits that tion.’’ they could continue to design a uni- would drive up costs. Coalition members ought to take a second form benefits package, and they would Ganske’s proposal is included in a patients’ look. Ganske’s proposal may be the best deal continue to be exempted from indi- bill of rights he has introduced in the House. they see in a long time. vidual State benefit mandates. Like several other bills awaiting action on I want to address a couple of issues Now, there are some who are looking Capitol Hill, Ganske’s legislation would set before finishing. The first is the oppo- at this legislation now and they want up a review panel outside each health plan nents to this legislation say this is to add some untested and untried, and, where patients could appeal if they were de- going to be too costly, this legislation in my opinion, some dangerous ideas to nied care. Patients could also take their ap- peals to court if they did not agree with the would cause premiums to just go up, this legislation to try to kill the legis- review panel. skyrocket and then people would lose lation. Some of these ideas are things But Ganske added a key provision designed their insurance. That is not true. like health marts. Health marts are to appeal to those concerned about an explo- Mr. Speaker, my bill will come in at sort of geographic association health sion of lawsuits. If a health plan followed the a CBO estimate less than last year’s plans. They are very similar to what review panel’s recommendation, it would be patient bill of rights because I have re- Hillary proposed, Mrs. Clinton pro- immune from punitive damage awards in dis- moved some of the bureaucratic report- posed in 1993, called HIPCS, Health In- putes over a denial of care. The health plan ing requirements and also because of also could appeal to the review panel if it surance Purchasing Coops. That was thought a doctor was insisting on an untest- the punitive damages provision that I not an idea that I thought was appro- ed or exotic treatment. Again, health plans have in. priate at that time, and I do not think that followed the review panel’s decision Even last year’s patient bill of rights it is appropriate now, and I will tell my would be shielded from punitive damage was scored by the Congressional Budg- colleagues why. awards. et Office, as an estimate, for an in- Let me read from a letter to Congress This seems like a reasonable compromise. crease of premiums of 4 percent over 10 from June 1997 by the American Acad- Patients would have the protection of an years. That is significantly different emy of Actuaries. ‘‘While the intent of independent third-party review and would from the advertising campaign that we the bill,’’ and they are referring to the maintain their right to go to court if that became necessary. Health plans that fol- are seeing around the country now Republican bill, ‘‘is to promote asso- lowed well-established standards of care— where the HMO industry is saying 4 ciation health plans or health marts as and they all insist they do—would be pro- percent per year. Wrong. a mechanism for improving small em- tected from cases such as the one that re- Furthermore, Texas passed a bill, a ployers’ access to affordable health cently resulted in a $120.5 million verdict strong patient bill of rights, that in- care, it may succeed in doing so for em- against an Aetna plan in California. Ganske, cluded a stronger liability law than in ployees with certain favorable risk incidentally, calls that award, ‘‘outrageous.’’ my bill. characteristics. Furthermore, this bill What is also outrageous is the reaction of The Scott and White Health Plan the Health Benefits Coalition, a group of contains features which may actually business organizations and health insurers asked their actuaries how much should lead to higher insurance costs.’’ that is lobbying against patients’ rights in we increase our premiums because of The Academy went on to explain how Congress. No sooner had Ganske put out his that liability provision? The answer, 34 those plans could undermine State in- thoughtful proposal than the coalition issued cents per member per month. surance reforms. Quote: ‘‘The resulting a press release with the headline: Ganske I would estimate that my bill will segmentation’’ that would result from Managed Care Reform Act—A Kennedy-Din- come in at a cost increase of some- ideas such as an association health gell Clone? where around $3 per month for a family plan or a health mart, ‘‘The resulting The headline referred to Sen. Edward M. of four. That is about $36 a year for a segmentation of the small employer Kennedy, D-Mass., and Rep. John D. Dingell, D-Mich., authors of a much tougher patients’ family of four. group into higher and lower cost rights proposal that contains no punitive A survey by the National Federation groups would be exactly the type of damage protection for health plans. of Independent Business, members of segmentation that many State reforms The press release said: ‘‘Ganske describes small businesses, employers, found have been designed to avoid. In this his new bill as an affordable, common sense that more than 95 percent of those em- way, exempting them from State man- approach to health care. In fact, it is nei- ployers would continue to cover their dates would defeat the public policy ther. It increases health care costs at a time employees with health insurance even purposes intended by State legisla- when families and businesses are facing the if the premiums increased by double tures.’’ biggest hike in health care costs in seven years.’’ that amount. We are talking about a Those concerns have been echoed by There is no support in the press release for small cost in order for people to be se- the National Governors Association, the claim of higher costs. What’s more, the cure in knowing that the large amount the National Conference on State Leg- charge is undercut by a press release from of money that they are spending on islatures, the National Association of H3282 CONGRESSIONAL RECORD — HOUSE May 18, 1999 Insurance Commissioners. They argue portant patient protection because it puts about what the previous speaker has that AHPs, and I might add health the full power of the free market to work to been discussing, and he did bring up to- marts, quote, ‘‘substitute critical State protect consumers. wards the end some of the proposals re- oversight with inadequate Federal We applaud your inclusion of a comprehen- lating to the Patients’ Bill of Rights. sive disclosure provision that allows con- I would like to pass on to the Speak- standards to protect consumers and to sumers to make educated decisions as they prevent health plan fraud and abuse,’’ comparison shop for health care coverage. er and my colleagues this information: unquote. The AMA also notes with great appreciation In the previous Congress I had the op- Mr. Speaker, on behalf of patients the many improvements that the draft bill portunity, actually for 4 years, to chair like Jimmy Adams who lost his hands makes over last year’s Patient Protection the House Subcommittee on Civil Serv- and feet because an HMO would not let Act. ice. In that capacity I oversaw the his parents take him to the nearest The draft bill expands consumer protec- largest health care plan in the country, emergency room, I am going to con- tions with a perfected ‘‘emergency services’’ which is made up of almost 2 million provision. By eliminating the cost differen- tinue to fight efforts to derail managed Federal employees and 2.2 million Fed- tial between network and out-of-network eral retirees and some 4 million to 5 care reform by adding those sorts of emergency rooms, the draft bill offers ex- untested and potentially harmful pro- panded protection for patients who are at million additional dependents; about 9 visions to a clean managed care reform their most vulnerable moments. million people participating in the bill. I pledge to do whatever it takes to We support the strides the draft bill takes Federal Employees Health Benefit Pro- ensure that opponents of reform are in protecting consumers with a comprehen- gram. Part of my responsibilities of not allowed to mingle those issues. sive ban on gag practices. This is an impor- chair of that subcommittee was to look Do I think that we could do some- tant consumer protection that the AMA has at that program, and I remember sev- been seeking for more than six years. thing on the tax side to help improve eral years ago when President Clinton We commend the improvements incor- proposed a Patients’ Bill of Rights to access to care? You betcha. We could porated in the ‘‘appeals process’’ provisions make available tomorrow 100 percent of the draft bill. The bill represents a major the Congress to be passed to resolve, he deductibility for individuals to pur- step toward guaranteeing consumers the said, the issues and problems we have chase their own health insurance, and right to a truly independent, binding and fair with HMOs, and it was going to be his we should. But, Mr. Speaker, adding review of health care decisions made by their saving grace for these programs. these other issues into this mix, in my HMO. Well, we conducted a hearing, and I The April 22nd draft copy of the bill makes opinion, is a poison pill. will never forget that hearing. We had a strong beginning for the Commerce Com- the administration officials in, OPM Now, recently I and the gentleman mittee and the 106th Congress on the issue of from Oklahoma, (Mr. COBURN) and the officials in, and we asked about the patient protection and reaffirms the leader- President’s proposed Patients’ Bill of gentleman from Georgia (Mr. NOR- ship role that you have assumed in the proc- WOOD) have given to the chairman of ess. While you have raised some concerns Rights. To a single individual who tes- my committee a draft, a consensus about the process, the AMA stands ready to tified, every single individual who tes- draft on patient protection legislation, assist in completion of this legislative task. tified said that there was no medical and the American Medical Association The AMA wishes to thank you for your ef- benefit for the proposals under the has written me a letter that contains forts and work with you and the minority to President’s Patients’ Bill of Rights, pass a comprehensive, bipartisan patient high praise for that draft. Mr. Speaker, but there was more reporting, more protection bill this year. We look forward to mandates, more requirements, and I submit at this time full text of that working with you toward this goal. letter: they possibly predicted more costs. Respectfully, That was several years ago when he E. RATCLIFFE ANDERSON, JR., MD. AMERICAN MEDICAL ASSOCIATION, proposed that to our subcommittee, Chicago, IL, May 12, 1999. Mr. GANSKE. I sincerely hope, Mr. the Subcommittee on Civil Service. Hon. GREG GANSKE, Speaker, that the chairmen of these Now, he could not pass his so-called U.S. House of Representatives, committees of jurisdiction will not Washington, DC. Patients’ Bill of Rights, and it sounds DEAR REPRESENTATIVE GANSKE: On behalf substantively change that draft and great, through the Congress. So what of the 300,000 physician and student members that they will keep it clean. We need to he did, and a lot of people did not pay of the American Medical Association (AMA), move this issue in a reasonable time attention to it but we did on the Civil I would like to thank you for your efforts in frame. A strong patient protection bill Service Subcommittee, he submitted drafting a compromise patient protection should be debated under a fair rule on another one of his fiats. By Executive package for the Commerce Committee. The the floor soon; not in the fall, but in Order he imposed his Patients’ Bill of draft proposal, developed by Representatives the next few months. There are an Tom Coburn, MD (OK) and Charles Norwood, Rights where he could, and that is on DDS (GA), and you, is a significant mile- awful lot of people, our constituents our Federal employees’ HMO plans. stone in the advancement of real patient pro- out there, who today are being harmed Well, lo and behold, before I left that tections through the Congress. We look for- by managed care decisions. chairmanship, I conducted another ward to working with you to perfect the Mr. Speaker, we need to fix this now, hearing just at the end of last fall, and draft bill through the committee process and and I look forward to working with all one of the purposes of that hearing was to pass a comprehensive, bipartisan patient of my colleagues to see that real HMO to see what had happened with the im- protection bill this year. reform is signed into law this Congress. position of the President’s Patients’ It is imperative that a patient protection f Bill of Rights on the Federal employ- bill be reported out of committee and be con- ees’ health care plan. Well, my good- sidered on the floor prior to the July 4th re- HEALTH CARE REFORM AND NA- ness. We experienced over a 10 percent, cess. The AMA stands ready to help further TIONAL DRUG CONTROL STRAT- on average, increase in premiums, not advance these important patient protections EGY AND POLICY through the committee process, the House entirely all due to the President’s Pa- floor and final passage. The SPEAKER pro tempore (Mr. tients’ Bill of Rights; prescription The AMA applauds the inclusion of ‘‘med- SHIMKUS). Under the Speaker’s an- drugs, I must say, were part of that, ical necessity’’ language that is fair to pa- nounced policy of January 6, 1999, the but there were very substantial costs tients, plans and physicians alike. We are gentleman from Florida (Mr. MICA) is that were passed on, and they contrib- particularly pleased with the non-binding recognized for the remainder of the list of medical necessity considerations that uted to almost a record increase in em- you have incorporated into the draft bill. Majority Leader’s hour of approxi- ployee health costs. While the rest of The AMA is pleased with the incorporation mately 23 minutes. the industry was experiencing a 2.6 to 3 of the ‘‘state flexibility’’ provisions that Mr. MICA. Mr. Speaker, I first want percent increase, our Federal employ- allow patient protections passed by various to comment and compliment my col- ees, Members of Congress too, were get- states to remain in force. Allowing pre- league, the gentleman from Florida ting a 10 percent-plus, on average, in- existing patient protection laws to remain in (Mr. GANSKE) on his Special Order and crease in their premiums. force is critical to the success of federal pa- on his proposal to deal with some of One of the things that has made our tient protection legislation such as the draft the problems we have seen relating to bill. Federal Employees’ Health Benefits The draft bill also offers patients a real HMOs and health care. I do want to Program so good is we have had over choice by incorporating a ‘‘point of service’’ comment, before I get into my Special 350 different vendors providing a pack- option provision. The AMA supports this im- Order on the topic of illegal narcotics, age. We sat and developed a package of May 18, 1999 CONGRESSIONAL RECORD — HOUSE H3283 benefits, and then folks bid on it, dif- pattern of repeated mistakes by this quarter of a million people were ferent companies, and they partici- administration and failure to properly slaughtered in a civil war, and actually pated and there was good competition. manage our international narcotics we went in much too late. We kept Lo and behold, at our hearing, again, control efforts, we face another dis- sides from properly defending them- we got a surprise. Instead of 350 par- aster. We have had a series of repeated selves. We ended up with a series of ticipating, competing plans, we had foreign policy disasters, and if I may graveyards across the Bosnia landscape about 60-plus drop out. So we had in- just run through them, and again, I do that should be a reminder to everyone creased premiums and we had lower not mean to do this in a partisan man- of this administration’s failed policies. competition. ner, but this is factual and we have had Not until after those graveyards were I just raise that tonight as a good ex- a history of just disastrous foreign pol- planted with the Bosnian souls in Cro- ample of a bad proposal by the Presi- icy decisions by this administration. I atia and other areas there did we ever dent as far as his so-called, and it will close tonight by citing the most take any action. Now we see, even with sounds great, Patients’ Bill of Rights. recent. the forces that we have there, that the That did not even include, his provi- First, of course, when I came here, situation relating to illegal narcotics sion by Executive Order did not include President Bush had instituted a policy trafficking is disastrous. the most oppressive part of his plan, in Somalia of trying to provide human Rwanda is another example. Again I which was allowing expansion of law- relief, humanitarian relief in that took to the floor many times trying to suits, an additional cost through litiga- country that had civil conflict. It is get this administration off center. Al- tion and no medical benefits. So if we unfortunate that this administration most 1 million human beings were had adopted the whole plan, there is no from the very beginning turned that slaughtered in Rwanda. This adminis- telling how high the premiums would humanitarian relief into a nation- tration not only had a failed policy, have escalated and how many more in building effort which turned into a for- they had a counterproductive policy, a free competition would have been eign policy disaster with several dozen policy that actually, I think, brought forced out. Americans slaughtered needlessly. And on one of the true genocides of our Mr. GANSKE. Mr. Speaker, will the what is really sad, if we look at the sit- time where almost 1 million people gentleman yield? uation in Somalia just a few weeks were slaughtered. Mr. MICA. I yield to the gentleman ago, we have had the same conflict and This administration blocked in the from Iowa for just a moment, and I civil war going on, over 50 killed, and a United Nations a panAfrican, all Afri- thank the gentleman for yielding time skirmish just recently, and again dis- can force, when we knew there was to me. organization and civil war in that area. going to be trouble there. They actu- Mr. GANSKE. Mr. Speaker, I would It may be a lesson we should learn ally blocked this force from going in point out that premiums are increasing about. They too had atrocities com- and stopping the slaughter in advance by HMOs this year. If my colleagues mitted on both sides. of 1 million souls losing their lives read the articles in the Wall Street The next experience I had in this most tragically. Journal, it is not because Congress Congress was with Haiti, and Haiti cer- Then, of course, we come to Kosovo, passed HMO patient protection legisla- tainly has to be a glowing example of the latest in a series of unbelievable tion, because we did not. We did not bad foreign policy. Repeatedly I took missteps in foreign policy. This admin- istration, this Congress, was advised pass it last year. to the well of the floor and spoke The reason why we have seen an in- against the imposition of sanctions that it was not the time. We were not crease in premiums is because the against Haiti, which is the poorest prepared to go in. The worst time you HMOs have mismanaged their risks, country in the Western Hemisphere, go into the Balkan regions and into and their investors are now saying to and those sanctions in fact destroyed Kosovo would be when we did, when we have overcast February and March them, you have to increase your pre- the few jobs, maybe 50,000, 60,000 jobs, skies in that area, and it is clouded in. miums because we want profits from many related to United States indus- try, that actually fed over a million When you are doing an air campaign, those HMOs. All of the medical and and a surveillance campaign to make health experts that I know in this population. b an air campaign successful, we could country attribute the increase in pre- 2215 not have picked a worse time, taking miums by HMOs this year to their own We spent over $3 billion on that fi- us 4 weeks to get helicopters there, hel- management failures, and do not at- asco. We have traded one corrupt gov- icopters still not secured, properly tribute this to patient protection legis- ernment for another. There is complete trained. They knew we were short, and lation, which has yet to pass. disorganization in that country. What yet they went in; another disaster. Mr. MICA. Mr. Speaker, again, that is absolutely startling is that now that Tonight, finally, one of the crowning has failed to pass the Congress. I cite country which we have done so much disasters of this administration, I re- only, and I repeat for the gentleman, for is becoming one of the major Carib- ceived just a few hours ago a report our experience with the Federal Em- bean routes for trafficking in illegal from my subcommittee staff. I now ployees’ Health Benefit Program where narcotics. So a failed policy, an expen- chair the Subcommittee on Criminal the President imposed his own Pa- sive lesson, and now just kicking dirt Justice, Drug Policy, and Human Re- tients’ Bill of Rights by Executive in our face by being a partner in illegal sources of the Committee on Govern- Order and we did see substantial costs narcotics trafficking. ment Reform. directly related to the program. I point Bosnia is another example. I served I have been involved, since taking that out because we do not want to in this Congress over 3 years ago when that responsibility in January, in try- make the same mistakes he has made our president said we would be there ing to get our drug policy together. by fiat, by legislation. for a matter of months and be out. We More heroin and cocaine is coming Of course, that is not the only prob- are now into 3-plus years. This excur- from South America than any other lem that we have with HMOs and we do sion and incursion has cost us dearly, source in the world by far, just an in- need to address some of the mis- billions upon billions, probably $10 bil- credible amount. management, some of the lack of ac- lion plus. We still have over 6,000 The place that we have had as far as cess, some of the other problems that troops there, 20,000 support troops. protection and surveillance of those ac- we have with it. Again, I cite it as an What is absolutely astounding is that tivities has been Howard Air Force experience that we conducted hearings now Bosnia has turned into, probably base in Panama. We have known since on and have very definite facts relating after South America, the second larg- Jimmy Carter’s administration that to in our Subcommittee on Civil Serv- est conduit and transit source of illegal this year we would be forced to give up ice. narcotics coming up through Afghani- the canal. What we did not know is Mr. Speaker, my other reason for stan, some through Pakistan, through what assets we would lose in 1999. This coming forward tonight is again to Turkey, and then through the Balkans administration has been negotiating speak on the question of our national in a wide open fashion. the change in United States assets, drug control strategy and policy. To- So here we have spent an incredible what assets would go to Panamanians, night, I am very concerned that in a amount of money going in, after a for over 3 years. H3284 CONGRESSIONAL RECORD — HOUSE May 18, 1999 When I took over the subcommittee facts are these: In Ecuador there have ama and conducted all of this counter- responsibility in January, we started, been, again, zero since May 1; since we narcotics activity. There is nothing of course, examining what would hap- got kicked out of Panama, zero more cost-effective than stopping drugs pen in Panama, because all of our counterdrug flights for the entire at their source, eradicating them at international South American, Central month of May, including the day of our their source, or stopping them and American, and Caribbean operations hearing, May 4. We asked how many interdicting them as they come from were housed and located and took off took off that day. They could not an- the source. It is much more difficult from Howard Air Force Base. swer. I could answer today because we when they get into our streets, into our So we went down there the first cou- have had our investigators check. communities, and into our schools. ple of months and examined what was In Aruba, while we have two small So again, this unfortunately is a dis- going to happen. We were told by this custom Citation planes on the ground, astrous occurrence. I intend to hold the administration that they were negoti- I am told this afternoon, as well as one Department of State, the Department ating other locations. They did not be- P–3 and one P–3 dome which arrived on of Defense to account. We will conduct lieve the negotiations were going to May 12, there have been zero hearings and somehow we will restart succeed. We got advance warning of counterdrug flights by any of these this effort with the funds that we have that, and we tried to do everything we planes out of Aruba from May 12 restored to put this program back to- could to encourage the administration, through May 17. gether that have been appropriated. We DOD, Department of State, to move In Curacao, while there is one F–17 must have the cooperation of this ad- forward or cut a deal. dedicated to counterdrug flights, there ministration in bringing back these As it turned out, they failed in their have been zero counterdrug flights out flights and restoring a real war on negotiations. They failed in developing of this location. drugs. a treaty. We were kicked out May 1. In short, poor planning by the De- f partment of State, Defense, and the in- We have known for some weeks now COMPETITION that negotiations by this administra- ability to compensate for the loss of tion did fail. Howard Air Force Base, basically being The SPEAKER pro tempore (Mr. We were told in hearings that we con- kicked out of Panama, has already cost SHIMKUS). Under a previous order of the ducted, not only on our visit but on us dearly coverage, as follows. House, the gentleman from Washington First, we have endangered the intel- hearings we conducted, and we con- (Mr. MCDERMOTT) is recognized for 5 ligence-gathering power of our South ducted a House subcommittee hearing minutes. American allies in this war, and in par- Mr. McDERMOTT. Mr. Speaker, on May 4, that things were in place and ticular, we basically are closing down today I want to talk about competi- in order; that we would move at a cost our Peru shootdown policy, because we tion. In this Chamber the word ‘‘com- to the taxpayers of $73 million, plus an- provide them with information that al- petition’’ is often used in the context other $45 million that was presented to lows them that strategy and that ac- of the phrase ‘‘making government run the committee, to Aruba, Curacao, and tion. more like a business.’’ Together these to Ecuador. This administration will bear the two words are used repeatedly and These were the charts that were pre- blame, since they have shown a 45 per- loosely because they sound good. But sented. The coverage with potential cent reduction in coca cultivation over the fact is that no one who uses these new forward operating locations, one in the past 2 years based on intelligence- phrases really ever knows what it actu- Ecuador and the other in the Curacao gathering. In other words, Peru is one ally means. area, this is what we were told would of our success stories. Through this in- ‘‘Competition’’ and the term ‘‘mak- be the coverage. It would give us very formation that is shared, a shootdown ing government work more like a pri- good coverage. This was May 4. When policy and surveillance, they have vate industry’’ is not only the mantra they came in, it was supposed to be in eliminated 45 percent of the cocaine for some politicians, it also comes from place. These were estimates we were production. This program basically is the mouths of representatives of pri- given. out of order because of our inaction vate industry that usually want some- These charts are by our SOUTHCOM. and maladministration. thing. They told us that we would have, in the We have also eliminated intelligence b beginning of May 1999 estimate, a 50 monitoring and detection of drug traf- 2230 percent coverage, and within our agen- ficking flights out of South America For example, earlier this year, the cy augments, May 1, 1999, 70 percent since May 1. This is an incredible scan- National Commission on the Future of coverage May 1. With Curacao, Ecua- dal. This is really one of the worst days Medicare, on which I sat, failed to rec- dor, forward operating locations we and one of the worst missteps of this ommend a proposal to strengthen the would go up to 80 percent. Then later administration, and probably one of long-term solvency of the Medicare on we would go even better if they the worst events to ever take place in program. could get Costa Rica. our effort to put back together the war However, some members of the Com- Unfortunately, the coverage I have on drugs that we started in the eighties mission advocated a radical proposal been told as of today is absolutely zero, that was dismantled in 1993 by this ad- called, quote, premium support, which absolutely zip. Let me read this report ministration, by the Democrat House, is really just a euphemism for a vouch- very briefly. Mr. Speaker, in closing, Senate, and White House, which they er program; that is, its proponents say let me read what we have learned again did an incredible amount of damage it would bring competition to the this afternoon. from 1993 to 1995, which we have tried Medicare program so that it could run Representatives of SOUTHCOM, our to restore in the last 2 years. like a business. Many observers from southern command, conceded to me All this action sends a go signal to the health care industry agree. They, that our worst fears have been realized. drug traffickers. Every one of our for- too, say they want to bring competi- After the United States closed down ward operating locations are down and tion to Medicare so that it will run Howard Air Force Base on May 1, since out. This, again, I believe is an incred- more like a business. May 1 there have been zero, absolutely ible scandal. It is with great regret The irony of all this, of course, is zero counterdrug flights out of any one that I announce this to the House to- that Congress has already passed laws of the other three forward operating lo- night, and to the American people. that establish demonstration projects cations that were proposed in which What makes this even worse is the for both traditional Medicare and the United States was to have memo- information I was provided with, again Medicare plus choice; that is, those randa of understanding. within the last few hours, that our plans that have managed care in them Despite both State Department and Southern Command could make no pre- that would inject some competition DOD indicating in our May 4 hearing diction about when these assets will into the Medicare bidding process. that the transition in counterdrug come on line with counterdrug flights The Health Care Financing Adminis- overflights would be smooth and flights in the future. tration, we call it HCFA around here, would just be modestly scaled back, We have to remember that last year the agency that runs Medicare duti- the specific forward operating location over 15,000 flights took off from Pan- fully, is attempting to implement May 18, 1999 CONGRESSIONAL RECORD — HOUSE H3285 these demonstration projects because ment altogether, a giveaway to the ‘‘With the proposed benefit package, bene- it will help Congress understand what health care industry of over $11 billion. ficiaries are going to see less benefits and competition in Medicare really means. So the moral of this story without morals is higher costs than virtually every plan in the So when it comes time to be serious that ``competition,'' unless it's done in a way market right now,’’ said Kathleen Sebelius, Kansas Insurance Commissioner and member about Medicare reform, we will know the industry wants it to be done; where it pro- of the AAC. ‘‘That’s 100 percent negative dis- what works and what does not work. tects their overpayments and protects their ruption, and I’m not very comfortable with Unfortunately, none of these dem- ability to ``cherry pick'' healthy beneficiaries that. I think we’re making a step back, not onstration projects have been fully im- and leave the sick to be treated by the gov- forward.’’ plemented due to both legal and polit- ernment, would mean plans get less, not Following a recommendation by com- ical challenges. What is appalling to more, money. mittee member Dick Brown, president and me is that the same people who say So, that is the irony. On the one hand, in- chief executive officer of Health Midwest, they want to bring the magic word dustry and politicians say they want to bring the AAC voted to recommend that HCFA ‘‘competition’’ to Medicare are the suspend the implementation timetable until ``competition'' to Medicare so that it can ``run it can be determined at what level disrup- same people who are desperately trying more like private industry.'' tions caused by the project will become un- to kill any attempt to determine what On the other hand, the same industry and tenable for enrollees. Medicare competition really means. those same politicians are fighting tooth and That process will be undertaken by the Last Friday, Laurie McGinley of the nail to derail any attempt to ensure that plans AAC, HCFA and Competitive Pricing Com- Wall Street Journal wrote an article, get paid for the care they actually provide. mittee, the HCFA advisory body that devel- an excellent article, detailing how the Either you want competition and you want oped the Kansas City and Phoenix projects. industry working with Federal law Medicare to run more like a business or you Separately, Karen Ignagni, president and matters is seeking to prevent Medicare don't. chief executive officer of the Washington- competition in Phoenix, Arizona. She based American Association of Health Plans, But, what is simply dishonest, disingenuous, said this week that the experiment likely also notes that similar demonstration an disconcerting, is the hypocrisy of the for- will exacerbate financial pressures many projects were stopped by the health profit HMO industry and their protectors in area Medicare HMOs already face as the re- care industry in Denver and Baltimore, Congress to continue to speak from both sides sult of payment cuts triggered by the Bal- most likely with help from Members in of their mouths. anced Budget Act of 1997. Congress, before HCFA got close to get- Let's give HCFA a chance to do their job. Ultimately, Ignagni said, this reimburse- ting started. Let's see what Medicare ``competition'' really ment squeeze could lead to disruptions in re- In addition to the attempts by the in- means. Until then, I would caution members to tiree benefit plans, higher costs and fewer dustry to prevent Medicare competi- benefits for enrollees, and a retreat from the think twice before they rant about bringing so- Medicare marketplace by managed care tion reported by the Wall Street Jour- called ``competition'' to Medicare. firms. Ignagni was in Kansas City as part of nal, just yesterday the Kansas City Mr. Speaker, I think everybody a multicity tour aimed at drawing attention Business Journal reported that indus- ought to think about competition. to the growing problems in the Medicare try representatives in Kansas City also Mr. Speaker, I include for the HMO marketplace nationwide. are seeking to derail Medicare com- RECORD the two articles which I rec- ‘‘There is a fundamental design flaw in petition because they fear it will dis- ommended my colleagues to read, as (the Kansas City demonstration project), and rupt the ability of Medicare bene- follows: I think it ought to be fixed before we roll it out in any community,’’ Ignagni said. ‘‘Peo- ficiaries to receive care. [From the Kansas City Business Journal, ple need to think very carefully about what So why is the health care industry May 17, 1999] the inadvertent consequences of this policy afraid of Medicare competition? The BUSINESS GROUP SUSPENDS LOCAL MEDICARE will be.’’ answer: because it will cost them COVERAGE PROJECT Ignagni said the demonstration projects in money. For years now, HMOs in most (By Bonar Menninger) both Kansas City and Phoenix, along with areas have been living off overpay- A local group charged with overseeing a the ratcheting-down of Medicare HMO reim- ments from the Federal Government. It controversial Medicare pilot program voted bursement rates nationwide, inadvertently has been estimated by HCFA that they unanimously this week to seek an indefinite will undermine the one portion of the Medi- overpay private health plans by 6 per- suspension in the project’s timetable until care program that has produced the greatest cent a year, an overpayment of roughly safeguards are established to limit wide- savings and benefit enhancements in recent years. $2 billion to $3 billion in subsidies to spread disruptions in Medicare HMO services At the same time, she said, no significant the HMO industry. for approximately 50,000 area residents. The vote represents a significant setback efforts are being made to rein in the tradi- Earlier this year, in fact, the indus- for the Health Care Financing Administra- tional fee-for-service side of Medicare, which try successfully lobbied the adminis- tion, which is relying on the Area Advisory accounts for approximately 87 percent of en- tration to delay the implementation of Committee for assistance in implementing rollees nationwide and the vast proportion of risk adjustment. Now, if an HMO takes the project, called the Competitive Pricing Medicare’s $220 billion annual budget. a patient and they do not cost them Demonstration Project, by Jan. 1, 2000. ‘‘We don’t mind competition, but we want very much, they get a benefit because Although work on the project’s compo- a level playing field,’’ Ignagni said. ‘‘If you they got a lot of money, but they did nents will continue, it remains unclear want cost reductions and you want to test competitive bidding, then fee-for-service not have to pay anything. If they get a whether the fast-track deadline will be met. Wednesday’s vote was prompted by mounting should be part of it.’’ sick patient, then they have to put out concerns among committee members about The Balanced Budget Act does mandate a lot of money or they just get a little the program’s potential impact on bene- some reductions in Medicare fee-for-service bit and they spend a lot more. ficiaries. reimbursements, but the cuts on the man- So the industry said we want to have On a separate front, the head of the Amer- aged care side are considerably deeper, risk adjustment. If we take sick pa- ican Association of Health Plans was in Kan- Ignagni said. tients, we should get more money. If sas City this week to warn that the local The resulting disparity between the we take healthier patients, we should Medicare HMO market—already weakened amount paid for HMO service and the get less money. But when the Congress by federal budget cuts—could deteriorate amount paid for fee-for-service will widen to $1,200 per person in Kansas City by 2004, ac- passed the law and said we want to do rapidly if the pilot project goes forward. Kansas City and Phoenix are test sites for cording to statistics compiled by the Amer- this and HCFA began to try and imple- an experimental process that will, for the ican Association of Health Plans. ment it, the industry successfully lob- first time, use a competitive bidding mecha- ‘‘At that rate, it becomes extremely dif- bied the administration to delay the nism to set the HMO reimbursement rate. ficult to retain the best doctors, to retain implementation of risk adjustment, HCFA, overseer of the Medicare program, the best hospitals and to remain competi- the variation of reimbursements to re- contends the approach will increase health tive,’’ Ignagni said. ‘‘And the beneficiaries flect the amount of care given that was care options for beneficiaries while reducing will be the losers.’’ mandated by the Congress in 1997. They federal expenditures. Nationwide, more than 100 managed care But committee members apparently are in- firms have downsized, adjusted or withdrawn did not want the very thing they asked creasingly skeptical that the former goal can their Medicare HMOs from the market in re- for. be achieved through the proposed benefits sponse to the first wave of reimbursement This delay will cost the taxpayers $5 package developed for the demonstration reductions triggered by the Balanced Budget billion over the next 5 years, and some project within the constraints of HCFA’s Act, Ignagni said. Approximately 450,000 in Congress want to delay risk adjust- specifications. beneficiaries have been affected. H3286 CONGRESSIONAL RECORD — HOUSE May 18, 1999 [From the Wall Street Journal] comes to the government actually forcing SCHOOL VIOLENCE AND GUN MEDICARE TESTS OF COMPETITIVE BIDDING them to compete for business, they are un- CONTROL happy about it.’’ RILE HMOS FEARING A DROP IN PAYMENTS The SPEAKER pro tempore. Under (By Laurie McGinley) HMO officials vehemently dispute that. the Speaker’s announced policy of Jan- The health-care industry loves to say Karen Ignagni, president of the American uary 6, 1999, the gentlewoman from Association of Health Plans, which rep- Medicare should act more like a business. New York (Mrs. McCarthy) is recog- But now that the program is trying to adopt resents HMOs, says the government’s bidding private-sector strategies, many in the indus- procedure is flawed—‘‘a jury-rigged proposal nized for 60 minutes as the designee of try are squawking. masquerading as free-market competition.’’ the minority leader. Consider Medicare’s efforts to try out al- She says the bidding process isn’t fair, be- Mrs. McCARTHY of New York. Mr. ternative payment schemes for health-main- cause it doesn’t include Medicare’s tradi- Speaker, I yield to the gentlewoman tenance organizations. Currently, HMOs are tional fee-for-service program, so the HMOs from Texas (Ms. JACKSON-LEE). paid according to a complicated formula set would bear the brunt of any payment reduc- Ms. JACKSON-LEE of Texas. Mr. by Congress. But the 1997 Balanced Budget tions. Speaker, I thank the gentlewoman Act directed Medicare to experiment with No matter what the fate of the pilot from New York for her leadership, and competitive bidding to see if it would be a projects, HMO officials are determined to I am particularly delighted to join her cheaper, more efficient way of reimbursing prevent competitive bidding from being used this evening for a brief comment on a HMOs for caring for the elderly. on a national scale. The industry says any As a first step, federal advisers to Medicare topic that we all have been confronting reduction in payments to health plans will and as well to acknowledge the desire selected Phoenix and Kansas City as sites for roil the HMO market, which already is grap- pilot projects for competitive bidding. Under pling with reductions in federal reimburse- to continue to work with her and the the plan, Medicare HMOs must submit bids ments. Some believe the competitive bidding women of this Congress along with our indicating how much they would accept from could cause more HMOs to drop out of Medi- colleagues on something that has real- the government for each patient. Even care. Instead, HMOs want Medicare to stop ly touched the hearts and minds of though the effort has barely started, one re- spending more on patients in the traditional most Americans. We say and we call it sult is in: The HMOs are unhappy. fee-for-service program than on those in Littleton. Littleton, Colorado. In Phoenix, where 40% of seniors are en- HMOs. Such a move, though, would force rolled in HMOs, health plans and local offi- We first offer again, as we have done people in the traditional program to pay over the past couple of weeks, our cials have been demanding the project be de- more for their care, Medicare officials say. layed at lest a year or killed outright. In deepest sympathy to that community. Kansas City, where HMOs have a smaller The contretemps is occurring even as there We are so appreciative of their resolve chunk of the seniors’ market, health plans is widespread agreement that Medicare’s re- and their commitment to healing that have been unenthusiastic but less vocal. At a imbursement system is cumbersome. Some community. But as well, we realize meeting in Detroit yesterday, federal advis- government studies, moreover, have sug- gested Medicare has overpaid HMOs and that, as Members of the United States ers to Medicare rejected the Phoenix re- Congress, as the highest legislative quests, but agreed to allow a delay of as long medical-equipment suppliers. ‘‘Who benefits as three months, until next April, for imple- from competitive bidding?’’ asks Robert body of this Nation, we also know that menting the pilot projects in the two cities. Reischauer, a senior fellow with the Brook- they are asking us for answers and so- In opposing the projects, the Phoenix ings Institution and a member of the advi- lutions. health plans argue that the market already sory board on competitive bidding. ‘‘The tax- So I join this evening to particularly is highly competitive because senior citizens payer. But the taxpayer doesn’t always have support legislation dealing with gun have a number of HMOs to choose from, all a voice in this.’’ safety. The gentlewoman from New offering generous benefits. The competitive In Phoenix where 158,000 senior citizens are York (Mrs. MCCARTHY) has been very bidding process. they claim, would drive enrolled in HMOs, the health plans have en- much a viable part of, over the years down their federal payments, forcing them listed an array of allies, including the Cham- to charge seniors premiums or reduce bene- that she has been in Congress, and she ber of Commerce, doctors and beneficiaries. likes to say she has been here only a fits. ‘‘We think our customers are being pe- They all believe the current system works nalized and told, ‘We will use you as an ex- fine: HMOs offer generous benefit packages short while, focusing on the need for periment in an effort to figure out how to that include prescription-drug coverage—and gun safety. continue to cut Medicare,’ ’’ says Gay Ann no supplemental premium. So many of us have a role in this Williams, executive director of the Arizona arena. I have taken the position that In a recent letter to HCFA Administrator Association of Health Plans. this is not a time to point fingers in A similar flap involves medical equipment. Nancy-Ann DeParle, the entire Arizona con- gressional delegation warned that competi- opposite directions. Whose fault is it Currently, Medicare sets prices for a wide that two young men whose homes we range of durable medical equipment, includ- tive bidding ‘‘would only disrupt a market in ing wheelchairs and hospital beds. To sim- which competition is already vigorous, costs believe were steady, who attended plify the byzantine system and save money, are low and participation is high.’’ The law- church, some were Members of the Boy the program launched a competitive-bidding makers have signaled they may block the Scouts, we understand were known demonstration project in Polk County, Fla. project by legislation. members of their high school commu- Supplies are to be selected on price and qual- Such resistance irks those who believe nity, although we understand that they ity. Medicare badly needs to experiment with were in a group that may have been a But the Florida Association of Medical new cost-containment tools, including in- little out of the ordinary, maybe a Equipment Services, an Orlando group that creased competition among health plans. group in order to belong, but still we represents equipment suppliers, says the bid- Given the debate over Medicare, ‘‘this is the ding process inevitably will reduce prices kind of demonstration that is directly rel- understand as well they were good stu- and hurt small suppliers. The group sued to evant and should be conducted to give Con- dents. block the effort but was recently rebuffed by gress information about what way the pro- Yet, now we have 15 young people a federal judge. gram should go,’’ says Robert Berenson, a dead, some 40 that were injured, a val- The Health Care Financing Administra- top HCFA official. ued and beloved teacher that was so ad- tion, which runs Medicare, has long been mired lost his live, and the question is urged by the health-care establishment, as In 1996 and 1997, the HCFA was forced to abandon HMO bidding projects in Baltimore why. well as Congress and health analysts, to be- I believe that there can be no more come a savvier buyer. But the industry oppo- and Denver because of industry opposition. sition to competitive bidding shows how Here’s how competitive bidding would important agenda than moving forward hard it is to make fundamental changes in work: No matter what they bid, all HMOs on some of the legislative initiatives the federal health program for 39 million el- would be permitted to take part in Medicare, that have already been promoted. So I derly and disabled. The Medicare system is as they generally are now. The government am supporting the proposed initiative due to run out of money by 2015, and both would then calculate a median of all the sub- by the President who has adopted Congress and the Clinton administration are mitted bids and pay every HMO that much of the legislative initiatives of weighing alternatives to overhaul the pro- amount. The health plans are worried that the gentlewoman from New York (Mrs. gram. such a system would further reduce their re- MCCARTHY) as it relates to what I The bottom line, says Ira Loss, senior vice imbursements, forcing them to either charge president at Washington Analysis, an equi- a premium or reduce benefits, making them would like to call this evening gun ties-research firm, is that Medicare pro- less competitive. HCFA officials say that safety, the common sense approach to viders are ‘‘interested in the free market benefits won’t decline but acknowledge some answering the concerns of our children. only if it means the government is getting patients may have to pay premiums for serv- Why are they the concerns of our away from bothering them. But when it ices they now get for free. children? Because I have heard them May 18, 1999 CONGRESSIONAL RECORD — HOUSE H3287 say it. Just last Friday in my district, bus bill on mental health services for year. This is truly a cry for help that was not I had a forum on the issue of school vi- children, the Give a Child a Chance heard in time. olence, ‘‘how do we help our children.’’ Mental Health Prevention Act of 1999, When children's mental health needs are I was joined by Secretary of Education which will speak to the issue of pro- not met, young people often get caught in the Richard Riley. viding resources in our schools, of child protection or juvenile justice system. Al- We participated at Scarborough High training mental health professionals in most 60 percent of teenagers in juvenile de- School with an auditorium full of our schools that can detect early warn- tention have behavioral, mental or emotional young people. I tell my colleagues they ing signs, that will provide incentives disorders. asked us pointed questions: Why can for school districts who are aware of There are 13.7 million or 20 percent of we not be safe? Why can we not have the fact that children from K to 12 need America's children with diagnosable mental or gun safety? Why do young people talk good mental health services, socio- emotional disorder. These disorders range about each other? Why is there not logical and psychological services, as from attention deficit disorder and depression someone in our schools, although we well that we could have caught and to bipolar disorder and schizophrenia. have good relationships with our teach- helped a child like Eric Harris, even We all are aware of the great devastation ers, why do guidance counselors have though he looked like the picture of that the lack of mental health services ahs on overloaded dockets and desks with health early on; and that we could have our young people. We must provide services issues dealing with paperwork and ca- not only helped Eric but that we could that address diagnosable emotional or behav- reer counseling and we do not have have helped his family, that we could ioral health disorders. people in place that can deal with our embrace a holistic approach to deal An adolescence is a confusing time for psychological and sociological needs? with the family concerns, why there many young people, the adults that are a part Why can we not have more peer-to-peer was such a destructive sense on the of their livesÐparents, teachers, counselors, counseling and mentoring? part of this young man and the young coaches and others need to be keenly aware They ask these hard questions, and I man who was with him. of changes in behavior or attitude that may in- believe we have to give them solutions. I hope that we will again answer dicate the possibility of poor mental health. Why are there so many guns, 260 mil- these questions, not with the finger We all need to pay close attention for any lion guns here in America, more than pointing, but with working together. warning signs of trouble. the number of citizens here? Why are That means the entertainment indus- These warning signs include isolation, de- individual between 18 and 21 still able try. They know what they are doing pression, alienation and hostility. Recognizing to purchase handguns? Why can we not wrong. Are they showing relationships these signs is the first step to ensure that trou- in a package promote gun safety by between families that are not humor- bled youngsters get the attention they need passing the legislation that includes ous, joking, butthead commentary on early to address their mental health needs be- safety locks, that includes background how our family relationships are, or fore it is too late. checks, instant checks at gun shows, are we really seriously trying to bring Gun control is another measure we should that takes the, if you will, loophole out family relationships together? explore to increase the safety of our children of the numbers of assault weapons we So to the gentlewoman from New in schools. An average of 13 children die still have because foreign manufactur- York, it is certainly my honor and every day from funfire in this country, and chil- ers are able to present them? pleasure to say to her that I hope that dren are at a much greater risk of being the All of this I think can be answered if we will be doing this again. But as we victims of a violent crime. This is Littleton, Col- we would join together, as the women do it, let me qualify that in the re- orado every day! This does not include close of this House have demanded, and ask marks that I have heard her often say, calls where guns were found inback-packs that we pass gun safety legislation be- we join together on this. and in lunch bags. fore Father’s Day. We asked the ques- Mine was looking in the mirror and We must pull together to protect the mental tion prior to Mother’s Day. We pleaded saying I do not want so see this image well being of our children so that they might on behalf of the mothers of the de- one more time in the mirror without live a healthy and productive life as citizens of ceased children, the mothers whose being able to say we have some solu- our nation. I enthusiastically look forward to children died in Littleton, the mothers tions and one saying, when are we working with my friends to ensure a better to- whose children have died in Pennsyl- going to fix this? We need to fix it now. morrow not only for the well being of our youth vania, in Arkansas, in Mississippi and Mr. Speaker, I thank Congresswoman but also for the wellbeing of our nation. Again places where we cannot call because of MCCARTHY for arranging this forum on the thank you for this opportunity to address this gun violence, the numbers of inner city special order on school violence. I am hon- issue. children who have died because of gun ored to be joined here today by other Mem- With that, I thank the gentlewoman violence, the number of rural children bers of Congress who show a sincere concern from New York (Mrs. MCCARTHY) very who have died, suburban children. We and effort in eradicating school violence by ad- much, and I look forward to working know this is not a pointed issue toward dressing the mental well being of our youth. with her on this crisis that we have in one community. I have been a strong advocate of mroe America. Let me simply close by saying this, mental health services for children. Although, Mrs. MCCARTHY of New York. Mr. and I promised the gentlewoman that I as a country, we often focus on children who Speaker, I stand here tonight to talk will look forward to joining her in are at risk for trouble or those children who about the violence in our schools. As weeks to come with other Members of are already troubled, all children need access the gentlewoman from Texas had the Women’s Caucus or Members of to mental health services. It is estimated that pointed out, everyone is trying to put this body who are women who would two-thirds of all young people are not getting the blame on everybody else. I think like to join us as they were planning to the mental health treatment they need. there is enough blame to go around for do this evening, to talk about solu- In light of the recent events in Colorado and everyone. But let us stop blaming and tions, and then again let me qualify other violent school attacks from the past 18 let us start looking for solutions. that, as we are talking, demand action. months, our children need us to pay close at- Over the last year and a half, we have Because I think all of us who are tention to the early signs of mental disorders. had three committee hearings and we mothers, who are parents, who are just We also need to provide services that screen have had two special hearings, and we plain Americans have said to ourselves and treat mental disorders in our childrenb started to look into the violence from let us not one more morning rise up efore it is too late. our schools but also the violence in with the news of some tragic cir- Schools should be safe and secure places some of our young people. There were a cumstance. We cannot answer the ques- for all students, teachers and staff members. lot of different factors: Mental health tion, what have we done? I have made All children should be able to go to and from is something that we should be looking that commitment to myself on trying school without fearing for their safety . into, especially with our schools; our to design solutions. According to news reports, these young family issues that should be at home. I hope as we move toward the White suspects from Colorado were outcasts in the We should be looking into those issues. House conference on mental health, I school community. During the shooting, the But in each and every shooting, 13 will be able to present to this body and suspects reportedly said that they were ``out young people that die every single day, to that summit a comprehensive omni- for revenge'' for having been made fun of last is one common factor; that is, the easy H3288 CONGRESSIONAL RECORD — HOUSE May 18, 1999 access to guns. That is something that day, as a lot of teenagers do, commit What scares me again, though, is the we can do. We can deal with all the too many suicides every single day. silence that we might hear in this Con- other issues. That is unacceptable. We can save gress. We cannot have silence any Today we held a hearing in the Com- those kids. The accidental deaths, we longer. We have to do something. The mittee on Education and the Work- can save those kids. The homicides, we American people are demanding that force. Several students had been vic- can save a lot of those kids. we do something. But, unfortunately, tims of school violence in Littleton, I know that we cannot save every unless the American people send their West Paducah, Springfield, Oregon child. I wish we could. But that does message, their voices here to Congress, showed great courage in coming to not mean that we should not go for- that is the only way we are going to Congress to talk about their experi- ward to try and save as many young get something done. ences through the shootings in their people as we can. We are the adults. We I have asked the Speaker of the schools. have the responsibility to make a dif- House to meet with me, I have not The one thing I heard from all of ference in our children’s lives, and to heard from him, to talk about my pro- them was the pain, the pain that they the point to where again this year I am posals on how to reduce gun violence in are still suffering. That is a pain that praying that the schools close without this country. But I am very encour- I understand very deeply. another incident. We did that a year aged. This evening he did a press con- b 2245 ago. And we have done nothing. Are we ference and started to talk about going to let this summer go by? maybe we should find common sense And I told one of the young men, Schools open again in September, and even after the first anniversary, the ground to stop the gun violence in this are we going to pray that another country. That to me is encouraging. pain does not get any easier. My family shooting does not start? goes through the pain, and it will be 6 That means a door is open. That means But, again, this is about the children we can try and work together. years this December. But that is why I every single day. That is where we can- came to Congress. I came to Congress As long as I am here in Congress, I not get lost on it. Thirteen children a will work as hard as I can to reduce to try to reduce gun violence in this day. That is a Littleton every single country. I came to Congress so that gun violence in this country, my goal day. But it is a young child here and going back 5 years ago, when I prom- hopefully other families would not there and everywhere, and it does not have to go through what my family ised my son that I would try to make make the papers. Or we have become so sure that no family would go through went through, and certainly the other insensitized to the violence around us. what we went through. And my son has members who I consider family now We should never do that. We should see gotten married now and his life is from the Long Island Railroad shoot- each other as the good human beings as going on, and he just had a son in No- ing. we are in this country, and we should vember. That means I am a new grand- People keep saying we cannot do try to all work together. something about this. I do not believe I wish the NRA would work with me. mother. So I have got to work a little that. I believe we can do something. I wish the NRA would come and say, bit harder because I want my son to And I know I am hearing all the time okay, we have a problem. Let us try to feel safe, but I want my grandson to that this is a slippery slope where I am come up with solutions. I know they do certainly live in a safe country. And I just trying to take away guns. I have not like child safety locks, but they know that if we work together, we can never said that. I do not care if some- can save lives. There is responsibility do it. one owns a gun. But if they own a gun, on the adults that a gun does not get I know a lot of people are very I do believe they have a responsibility into someone’s hand. This is a respon- shocked sometimes on the statistics, for that particular product, and I feel sibility. We should be working to- and I do not particularly care to read very deeply about that. gether. The movie industry, we should statistics because I think it dries over. I have talked to many gun owners, be working together. Videos, we should But I do not think people realize, as I women gun owners, men gun owners, be working together to come up with said earlier, 13 children die at the hand and they are saying they realize that it solutions. of a gun; 28 children die and teenagers is their product and they should take But I think there is one thing that are murdered; 1,309 children in teenage more responsibility for it. So I think if we have to point out. Our young people suicides; 468 children in their teens ac- we take that premise and start to work in this country are good kids. I have cidentally die from shootings. That is on it, there are common sense solu- the pleasure of being with them a lot, every single year, every single year. tions and I think it is something that working on community projects in my One of our recent congressional testi- we can work towards here. district, and I see this going around in monies demonstrates the need for Fed- What scares me the most about being the country: Our young people caring, eral legislation on kids and guns. An here in Congress is sometimes they will going into nursing homes. Our young angry child who has access to a gun do so many delaying techniques and, people caring, raising money for dif- will use it because it is there and it is hopefully, it will go away. The sad ferent organizations, whether it is in that child’s hands. ‘‘I realize that truth is this is not going to go away. breast cancer or Alzheimer’s. They do gun control is a complex issue in our Here we are 5 weeks from the shooting not like this idea that we are blaming country, but I also know that guns rep- in Colorado, and people are still talk- them and that they have no morals. resent the single greatest threat to ing about it. And I think this hit home I happen to think that this country educators and to schoolchildren.’’ That the hardest because we have had so has a lot of morals. And I meet those was by Scott Polland, National Asso- many school shootings and now par- people on a daily basis. Do we have ciation of School Psychologists. ents are scared. Students are scared. problems with some? It is a very small This is a testimony before the Sub- And when we ask our students what percentage. Do they sometimes make committee on Early Childhood, Youth can we do, they come up with some our lives miserable? Yes, they do. But and Families, United States House of really good solutions. One thing they that does not mean we should do a Representatives, on my Committee on do not want, they do not want their blanket cover and say the whole coun- Education and the Workforce on March schools filled with metal detectors. Our try is like that. 11, 1999: schools are not meant to be prisons. It I think if anyone ever looks around ‘‘An international comparison of 26 is not meant for our teachers to be and sees how we responded to the peo- industrial countries found that the under the atmosphere of possibly a ple of Oklahoma when they had the firearm death rate for U.S. children young person having a gun. We know tornadoes, this is a caring country. We younger than 15 years old was nearly 12 where those guns come from. A major- are there for each other. And that is times higher than any of the children ity of them are legal. They come from how we can solve the problems of the in any of the other 25 countries com- home. It is up to the parents, the gun violence in this country, by all of bined.’’ That came from the Centers for adults, to take responsibility that us coming together and coming up with Disease Control. their child does not get a gun. common sense solutions. It is some- ‘‘We need better information on how Our young people that are having thing I believe in. I certainly talk to our children get guns. That is why the mental health problems and have a bad enough people about it. Children’s Gun Violence Prevention May 18, 1999 CONGRESSIONAL RECORD — HOUSE H3289 Act expands our Federal program for CONSTITUENT CONCERNS venile violence meets in the Sixth Con- tracing guns used in juvenile crime. The SPEAKER pro tempore (Mr. gressional District of Arizona. The Research should be expanded on gun SIMPSON). Under the Speaker’s an- committee includes clergymen, school markets to educate the flow of fire- nounced policy of January 6, 1999, the administrators and former school ad- arms from the legitimate sector to the gentleman from Colorado (Mr. SCHAF- ministrators, current educators, teach- ers in the classroom, students in the hands of minors and criminals and how FER) is recognized for half of the re- this flow might effectively be re- maining time until midnight tonight, classroom and parents together as they duced.’’ approximately 32 minutes. take a look at the Sixth District of Ar- izona. A few years ago up in Boston in what Mr. SCHAFFER. Mr. Speaker, I want If there is one difference that typifies to let the Chamber know and all of my they called the ‘‘Boston Project,’’ they the two schools of thought here in the colleagues that this special order is one started tracing guns that were used in House of Representatives, it is that our that I secure every week on behalf of juvenile homicides and juvenile crimes. friends on the left tend to look to Once they started tracing these guns to the majority, and so I would invite Washington for solutions and put a the illegal gun dealers, they were able other Members who would like to run trust in the Washington bureaucracy. I to have for 40 months, 40 months, not down to the floor here for the last 32 believe if given a choice between Wash- one child died because we got rid of the minutes to come join us on the floor. ington bureaucrats and the people at illegal guns and we educated our But I want to also mention and refer home, I would choose the people at adults. to a constituent of mine. Her name is home. It is in that spirit that our Now, if we can do that in Boston, Jessika, Jessika Fretwell. She intro- friends meet, not as Republicans or why can we not do that across this duced me to Flat Stanley. I got a pic- Democrats but as Americans concerned country? Where I come from in New ture of Flat Stanley here. She faxed looking for practical solutions to the York, it is very hard to get a gun le- the photo, a drawing of Flat Stanley. problems they face. gally. They have to go through a back- There is a letter that comes with it, I think we would all concur that one ground check, but eventually they will and I would like to read that briefly. thing we learn in our time here, wheth- get it. The problem with New York is She wrote to me. er it is through letters that we receive, She said, ‘‘In school we read a book all the guns that come into our State and I have a few tonight, or through about a boy who got mashed by a bul- are illegal guns, they are guns that we town hall meetings or just in our ev- letin board. His name is Flat Stanley. have no control over. What are we sup- eryday lives when we return home to He wanted to go on a trip, so his family posed to do? Put up a barbed wire fence our district, I think we are all im- folded him up and mailed him to Cali- around New York because we decide pressed and reimpressed with the fact fornia. I am mailing Flat Stanley to that we are going to try to make it that the people whom we serve in our you. Please take him somewhere and safer? And it has made a difference and respective districts have a lot of good write me back telling me where he it has made a big difference, but there ideas, and so it is the intent of our citi- went. If you have pictures or postcards, is more that we can do. zens committee on juvenile violence to please send them too. I will take Flat take a look at the vexing problems As a nurse, we hear that homicide Stanley back to school and share his that have plagued us and the recent rates are down, and thank God they adventure with my class. Thank you tragedies at hand. are. What no one is talking about is for helping me with this project. I wish I might also point out that I con- what it is costing our health care sys- I could fold myself up and visit you. tinue to receive e-mail, phone calls, tem for those that are surviving. I Love, Jessika.’’ And Jessika spells her faxes and letters concerning the ex- know the medical care that my son re- name with a ‘‘K.’’ traordinary and disturbing transfer of ceived and still continues to receive So there is Flat Stanley for Jessika. technology and nuclear espionage car- and will have to receive for the rest of He is on the floor of the United States ried on by the Red Chinese in this his life is costing this government a lot House of Representatives tonight, and country. Indeed, there are those in my of money. we are proud to have him join us. district who have said that it is as if We have four young people in Little- b 2300 we are living in a real-life Allen Drury ton, Colorado, still in the hospital with novel, that there are those in this city spinal cord injuries because of the I am also pleased to be joined by my and on the editorial boards or in the shootings. The health care that they good friend and colleague from the assignment editor chairs of various tel- are going to need. The estimates of great State of Arizona who is here to evision networks who steadfastly health care due to gun violence in this speak with us tonight. Many of our refuse to take a look at the serious country is almost up to $20 billion a constituents write to us, not just problems we have. Yet through inves- year. $20 billion a year. Could we not Jessika but several others. We are here tigative reports, such as those by Bill take that money and put it back into on the floor this evening to refer to Gertz of the Washington Times and the our health care system? Could we not some of the comments that have been new book that has been produced, the put that towards our educational sys- raised by many of our constituents. We partial title being ‘‘Betrayal’’ which tem? It would help so many of us. have received so many phone calls and details what sadly has transpired and, letters in the last few days on the mat- according to the author, how some in We have an obligation here in Con- ters of taxes, on Kosovo, on environ- the current administration have under- gress. It should not be a battle between mental-related topics. I am just curi- mined our national security, that con- Republicans and Democrats. It should ous what kind of things the gentleman tinues to be a main concern. And, of be something that we should be work- from Arizona is hearing about over the course, again the topic to which we al- ing out together and to do the right weekend and today from his constitu- ways return is the notion of this gov- thing as far as our children and the ents. ernment serving the people rather than safety of our children. This is not a Mr. HAYWORTH. Mr. Speaker, I the people serving the government. We slippery road. This is not somewhere thank my colleague from Colorado for have seen a disturbing reversal, if you we are trying to take away the right of yielding. I am pleased that Flat Stan- will, in this century in terms of the someone to own a gun, but we are ask- ley joins us on the floor tonight. Usu- fact that this government, it would ing for responsibility. ally people leave out the ‘‘L’’ when seem, both in attitude and in the ac- Mr. Speaker, I plan on being here as they describe me, although I am work- tion of reaching into the pockets of much as I can to talk about this sub- ing on the diet. hardworking Americans seems to ask ject. There is one more thing that I In all sincerity and seriousness, echo- for more and more and ask working will ask. The American people have to ing the comments, though not in com- Americans to get by with less and less. get involved in this debate and they plete agreement with my friend from I received a letter from my friend have to, if they want to change, their New York who spoke on the floor here Ryan in Apache Junction, Arizona, just voices have to be heard here, and our earlier, even tonight as we speak, Mr. on the border of Maricopa and Pinal Congressmen and certainly our Sen- Speaker, a group of concerned citizens Counties there at the foot of the beau- ators need to hear from all Americans. making up a citizens committee on ju- tiful Superstition Mountains. H3290 CONGRESSIONAL RECORD — HOUSE May 18, 1999 Ryan writes, movingly and with con- credit, unlike some others in American whether it is the death tax, or the mar- viction: politics who take lines from time to riage penalty, or other tax policies Every corner an American turns today has time, Mr. Speaker, but according to my that seem to do their best to disrupt a tax waiting for him or her. It’s ridiculous good friend from Colorado, ‘‘There the family unit and continue to ask and it’s time that it was stopped. I’m tired of should be no taxation without respira- Americans to sacrifice more and more paying income tax, property tax, license tion.’’ I think that is especially appro- so Washington can allegedly do more. plate taxes, sales tax, inheritance tax, Social priate. Those of us in the new majority and Security tax and capital gains tax. I find all I think I have related the story in people in the Sixth District of Arizona, of these taxes unfair, oppressive and un- American. Does anyone remember why we times past, recently in Winslow, Ari- Mr. Speaker, say the opposite should left our oppressors in England? Because of zona, we were not standing on the cor- be true. Washington bureaucrats high taxes and religious constraints. Where ner but we were on the corner where should sacrifice so that individuals and do we go now? When is enough enough? the police station and the city hall is families can do more with their hard- Forty percent of one’s wages taken out in located and we were having a town hall earned money in terms of saving, in- taxes? Fifty percent of someone’s check meeting. It was in the middle of the vesting and building for the future. taken out in taxes? Make me proud and day and a couple of young men from Mr. SCHAFFER. It is interesting allow my family and I to live a better life the high school who aspired to attend that my colleague mentions Dr. Frank- through tax relief. one of our Nation’s military academies lin, because when Ben Franklin and Mr. SCHAFFER. Your constituent came to that town hall meeting. A few Thomas Jefferson were working to- has a good friend in one of mine from more honored citizens, senior citizens, gether over the drafting of the Declara- Fort COLLINS, Colorado, Robert Sey- if you will, were there and they were tion of Independence, there is a story mour, who wrote to me just last week: talking about the egregious nature of that I have heard from a number of his- The administration’s budget plan for next the death tax, how it affected their torians about how the two of them dis- year was presented to Congress on February small businesses, how it affected their agreed on one key point, a key phrase, 1. It imposes new taxes that will make it family farms and ranches, how it was and that was the word ‘‘unalienable,’’ harder for millions of American families to whether to use ‘‘unalienable,’’ which save for their own retirement needs and will driving families out of business. One of seriously jeopardize the financial protection the young men heard us talking about was Franklin’s preference, or ‘‘inalien- of families and businesses. Providing for re- this and then, with almost a military able’’ which was Jefferson’s preference. tirement and securing your family’s finan- bearing, I mean the very flower of And it is a key distinction. cial security should not be a taxing experi- American youth, he stood there, ‘‘Con- Ultimately Franklin won the debate, ence. Americans are taking more responsi- gressman, sir, do you mean to tell me and the difference between bility for their own financial futures and the Federal Government taxes you ‘‘unalienable’’ and ‘‘inalienable’’ is a they have made it clear that they oppose when you die?’’ And the assembled citi- matter of taxation in many ways. His- both direct and indirect tax bites that jeop- zenry there started to chuckle, know- torians suggest that they pronounce ardize their retirement security and their ‘‘unalienable’’ the following way: un-a- ability to protect their families. Congress on ingly, almost like our good friend Art a bipartisan basis soundly rejected a similar Linkletter and now Bill Cosby with the lien-able which means that one cannot approach last year and I strongly urge you to television segment ‘‘Kids Say the place a lien, they cannot place some do the same this time around. Please oppose Darnedest Things,’’ but, Mr. Speaker, kind of claim from the government on any new direct or indirect taxes like those that laughter soon faded, because there any of the rights to life, liberty or the commonly referred to as DAC, COLI and was nothing funny about the question. pursuit of happiness. PSAs, the typical alphabet soup of Wash- The sad fact about the death tax is But we see this Federal Government ington, DC, all of these new taxes on annu- and the people here in Washington, ities and life insurance products. this. For all the rigmarole, for all the hunting down and contacting heirs and D.C. have found a way to abridge the This is an individual who obviously is business partners, the Federal Govern- desires of Dr. Franklin, to make it so saving for his future and his retirement ment procures roughly 1 percent of its that life, liberty and the pursuit of and is getting fed up, as many con- revenue from the death tax. Yet almost happiness are no longer un-a-lien-able. stituents are around the country, with three-quarters of that 1 percent goes to There are, in fact, liens placed against the new proposals that we are seeing tracking down the people who appar- life, liberty and the pursuit of happi- coming out of the White House this ently owe the taxes through the con- ness, and I will bring up another exam- very day, to increase the level of tax- voluted structure that we have here. ple written by a constituent of mine, ation on the American people. I have remarked in the past, Mr. this time in Ft. Morgan, Colorado. My letters are similar to yours. We Speaker, and I think it bears repeating, Kathleen Tarver wrote, and she is very receive thousands of them on a week- this country has been blessed with an frustrated. You can just hear the frus- by-week basis. I am glad to be a part of outstanding group of individuals at its tration in the tone of this letter. It a Republican majority that is here to birth, Catherine Drinker Bowen made says: put the voice of the people ahead of the mention in her great work in 1966, ‘‘This January I resigned my job and voice of the special interests that exist ‘‘The Miracle at Philadelphia,’’ the as- retired early at the age of 50 to cut our right outside these halls in Wash- semblage of so many great thinkers taxes,’’ she says. ‘‘We are penalized for ington, DC and in Congress. and true patriots. One of those patri- being married, and we have no children Mr. HAYWORTH. I thank my col- ots, Dr. Benjamin Franklin, incredibly so you guys really sock it to us. Higher league from Colorado, Mr. Speaker. As well-versed in a variety of different fees on everything we buy or use are I hear him speak, I think about an- subjects, a man of letters, a printer, a higher taxes.’’ other tax that I continue to hear diplomat, a scientist. Says: ‘‘We have been putting almost about, the death tax, what has been Yet even Dr. Franklin, with all his the maximum allowed into our 401(k) called by the Washington bureaucracy, prescience, I believe would be shocked to help cut our taxes. But I may not the estate tax. That really seems to to realize today that the republic live long enough to spend the money suggest something rather placid and which he helped to found would lit- because you look at my retirement dol- pastoral when, in fact, it is the death erally tax people upon their death, lars as your money,’’ she is speaking tax where this government taxes you even with his saying in Poor Richard’s about Washington in general, ‘‘deter- literally upon your death. My good Almanac, ‘‘There are only two cer- mining for me how I can spend it.’’ She friend from Colorado summed it up tainties in life, death and taxes.’’ says that the era of big government very succinctly with echoes of history, seems to be back. Here at the end she b not unlike when Ryan pointed out the 2310 says: genesis of our Nation in opposition to Understand that Dr. Franklin did not ‘‘I don’t want to hear you guys in our English cousins imposing taxation, say there was a certainty that one Washington say one more time, ‘We my friend from Colorado, and I will would be taxed on their death, and this have to save Social Security.’ Do it quote him again because many an audi- is one of the absurdities we see in our now, and do it right. We have saved So- ence enjoys this statement, I am tax structure that my friend Ryan cial Security five times now because pleased to offer him the proper and full points out, that others point out, you continue to steal from it. Give us May 18, 1999 CONGRESSIONAL RECORD — HOUSE H3291 our money. Stop stealing it.’’ Cut our expansive because we believe over 10 into the economy, the disincentive to taxes. years time we need to reaffirm the fact invest in businesses because of the ex- Very frustrated constituent, and I that this money does not belong to the cessive taxation. can tell my colleague I am on Federal Government, that the tax bur- b 2320 Kathleen’s side, and I know the gen- den and bite should not be so excessive tleman from Arizona is as well. We re- as to force parents out of the home and In fairness, Mr. Speaker, we should ceive letters like that routinely, but it into the workplace not because of ca- be prepared and indeed, Mr. Speaker, really speaks to the 223 year origins of reer aspirations, but because of the ne- there may be many within the sound of our great country, when these very cessity of paying the tax bill and deal- my voice or within this television sig- nal who ask the question, but wait a noble gentlemen were meeting in ing with the tax burden. And our no- minute; do not your friends on the left Philadelphia at this miraculous time tion is over 10 years time to return al- always offer the rejoinder, tax cuts for that you described and trying to chart most $800 billion to the American peo- a new course for our country, one that the wealthy? ple because it is their money to begin I would say to them, yes, Mr. Speak- is based on the realization that our with. It does not belong to the bureau- er, that is the tired rejoinder we hear. rights come from God. They do not crats here in Washington. I suppose, Mr. Speaker, it is all in how come from the crown, they do not come Mr. SCHAFFER. It absolutely is. It one defines who is wealthy, because the from the king, they do not come from is dollars that the American people rhetoric has become so incendiary and some document, they do not come from work hard for, and in order to maintain so predictable that if there is a tax cut people in the capital city. a truly free and liberated Republic we at all it must go to the wealthy. These rights come to us from God have to do everything we can here in I would invite my colleagues, Mr. himself, and they are un-a-lien-able Washington to insist that those dollars Speaker, to take a look at an estimate rights. They should be treated that are left in the pockets and in the hands that was prepared for all of us by the way. Life, liberty and the pursuit of of those people who work hard to earn Joint Committee on Taxation. The happiness should come as real liberties, them in the first place. chairman of the Committee on Ways as real rights. There should be no tax Let me just reemphasize the point and Means asked for this and, Mr. upon them. There should be no burden again with another letter from our con- Speaker, this is not something that that one is saddled with if they want to stituent who lives in Loveland, Colo- deals with the trillions of dollars, as enjoy living in complete freedom and rado, Toni Colson. my colleague, the gentleman from Col- liberty as America proposes to make ‘‘Dear Representative SCHAFFER, I orado, pointed out earlier. This is possible for all Americans. am your constituent from Loveland. As something that deals with the very Here is one more letter, another one a business owner and grandparent, I’m human equation of average families in from Ft. Collins. Russell Beers wrote very concerned about the serious eco- America. to me. Says Republicans have a major- nomic problems facing our country. I We should also point out that this ity. Pass a tax proposal, and put it on feel our current income tax structure process does not occur in a vacuum. In- Clinton’s desk, and let him veto it. He is having a very negative impact by deed, I was glad my good friend, the says he would prefer a flat tax, but he taxing production, savings and invest- gentleman from Colorado, joined me in underlines: Just do it. It has cost him ment, the very things which can make his first term here in the 105th Con- $700 just to have someone figure his our economy strong.’’ gress, my second term but the first taxes for him this year. Well, Ms. Colson has hit the nail term on the Committee on Ways and Mr. HAYWORTH. I thank my col- right on the head. If you look at our Means, as we actually offered tax relief league, and I can certainly sympathize tax policy, the graduated income tax to families with first a $400 per child with his constituent. And I receive structure that we have today, the hard- tax credit that increases to $500 and in- many letters, and they are not con- er you work and the more productive deed we have found that a family of fined to April 15, by the way, because you are, the higher the percentage of four earning $30,000 a year, in essence, some folks get their extension to try taxation on your income. We actually pays really no income tax if they take and work out their taxes on through punish hard work with the current Tax advantage of the different deductions October 15, and it has become a par- Code. As it stands today, we punish and tax credits available to them, an ticularly vexing problem for a lot of those who put money aside and try to average family of four. Americans. save it, we punish people who make the Yet, Mr. Speaker, just raise that in- But let us address my colleague’s right kinds of investment decisions come by $10,000 again a family trying constituents’ concern because, Mr. that are not only in their own personal to succeed, trying to get ahead, in rais- Speaker, the American people deserve best interests as families, but provide ing that income to $40,000 for a family to know that these comments are not the capital and the availability of cap- of four the tax bill is in excess of $2,000 falling on deaf ears. Indeed, as the first ital on the market to create more jobs, for that family. Arizonan in history honored to serve to create more businesses and to ex- So, again, Mr. Speaker, it is curious on the House Committee on Ways and pand the economy. to hear the tired rhetoric of tax breaks Means, the committee with primary ju- As my colleagues know, I think often for the wealthy because the sad fact is, risdiction over the Tax Code and ulti- about the trillions of dollars in private apparently our friends on the left de- mately over tax relief, I am pleased to capital that is locked up today. Alan fine wealthy as a middle income earner point out that it is our intention in Greenspan, the chairman of the Fed- and a middle income taxpayer earning July to sit down and write a massive eral Reserve Board, estimates that $40,000 a year. bill of tax cuts, because again we be- there is $11 trillion in private capital So that is one of the ironies and that lieve this is very true, as the preceding that is locked up somewhere in Amer- is real life, the very human equation, letter my friend read from Colorado. ica today because the owners of that not lost with mind-boggling figures of We understand that in most American cash are afraid to take it out and use it billions and trillions but just the sim- families both parents work not out of productively, and why? Because the ple challenge of an annual income for a choice, but out of necessity, one parent Federal Government punishes those middle income family. That is what we working essentially to pay the incred- who act responsibly and help to move reiterate here, that this money belongs ible tax obligations that befall many toward promoting a more vibrant and to the people, not to the Washington families. Essentially for one salary in stronger economy. bureaucrats. essence to be almost free and clear, the Mr. HAYWORTH. Mr. Speaker, my The first three words of our Constitu- other spouse, the other parent, must friend from Colorado is right. I would tion are very instructive and they are work quite simply to pay the taxes. just amend this. as instructive as they are poetic. We, My colleague’s constituent pointed We are looking, and I think we the people; not, they, the government, that out in her letter. The subsequent should reemphasize this, not at billions but we the people; all of us, Mr. Speak- letter that he read from the gentleman but trillions of dollars, and it is amaz- er. is a call to action, and it is our intent ing to see what is locked up because of It is that responsibility which we to move forward with a tax bill that is the disincentive to inject those funds find uppermost in our minds. H3292 CONGRESSIONAL RECORD — HOUSE May 18, 1999 Mr. SCHAFFER. Listening to the lobbyists are subsidized with taxpayer transfers and the espionage carried out people is something that we are cer- funds, which is one of the incredible by the communist Chinese rivals that tainly all about and want to do as ironies, something we have tried to of the Rosenbergs in the 1950s. often as we can. change but the institutional inertia While we see the drips and drabs and Here is a personal letter from Wes- here, it is an uphill battle dealing with the old spin game going on at the other ton, Colorado, from someone who wrote that. It is one of the curiosities. end of Pennsylvania Avenue, we must on this very point, and again he is very The gentleman mentioned the voice move as a House, if there is reticence critical of government and the Federal of the people and in addition to letters, in the executive branch, to release this system. This is a paragraph I am read- and I brought a couple down tonight, report. ing from the middle of the letter from but I just think about a variety of I would point out for the record, Mr. Dr. Owens, and he says, as you can tell, radio townhall meetings we have held Speaker, that President Clinton, fol- I favor smaller government and less in- lately and the subject that comes up lowing receipt of the report from the terference with State and local govern- time and again, Mr. Speaker, is our na- gentleman from California (Mr. COX) ments who are in a better position to tional security; for even as our Found- and the gentleman from Washington make decisions on most issues. You ers in that wonderfully practical and (Mr. DICKS), in a bipartisan fashion, people in Washington have very dis- poetic preamble to our Constitution de- could have released the report imme- torted concepts of what really goes on lineated that one of our constitutional diately. While there are legitimate na- out in the real world. Do not believe all responsibilities was to provide for the tional security concerns in terms of you read in the polls. I have taught re- common defense. not exposing our sources and means of search and statistics and we have a Again, we have serious problems procuring our own information through saying in research: Statistics do not lie here. Almost everyone I speak with counterintelligence, there are still se- but liars often use statistics, he says. during these radio townhalls in a dis- rious concerns that the American peo- He is absolutely right. He says polls trict in square mileage almost the size ple need to know about. can show almost anything pollsters of the Commonwealth of Pennsylvania, Again Mr. Speaker, I would renew want them to, just as anyone can find say the gentleman from California (Mr. the call that this House, if the reti- a passage in the Bible to support al- COX) has been working to prepare a bi- cence, if the stonewalling, if the dribs most any belief. These are both pos- partisan report. It was prepared in Jan- and drabs and endless spin continue sible if one takes things out of context uary or February. When will the House from the administration, that this and ignores parts that do not suit move to release that because the White House should take every action nec- them. House is reticent? essary, including meeting in a closed He talks about the occupant of the We must move quickly to release session, if that is necessary, to vote building at the other end of Pennsyl- that report. out this report so the American people vania Avenue as proof of the above and Mr. SCHAFFER. Before the gen- can understand the extent of the prob- he says the people we know do not be- tleman goes on to the point about the lem we confront. lieve the approval ratings that we see comment, let me just ask about these with the things going on, again down town meetings. I hold a town meeting b 2330 at the other end of Pennsylvania Ave- in my district every week and hold sev- nue. eral others on top of that when we are Because whether we worry about se- I have to amend the gentleman’s let- not in Washington, and it is a great op- curity in the home, security in the ter a little bit to fit within the House portunity to listen to thousands of con- school, Social Security for our seniors rules about referring to the individual stituents who show up and voice these in generations yet to come, under- at the other end of Pennsylvania Ave- same kind of concerns that I have read girding all of that is our very existence nue directly, but again this is an indi- from some of the letters. as a constitutional republic and our na- vidual from Weston, Colorado, who un- I am curious about what the gen- tional security. This House took steps derstands full well that it is the voice tleman called a radio townhall meet- tonight to bolster our national secu- of the people that needs to be heard ing. Tell me how that works. rity, not bullet-for-bullet or bomb-for- over and above those of special inter- Mr. HAYWORTH. The challenge in bomb in the Balkan theater, but to try ests. representing a district, really in square and avert the danger of returning to Unfortunately, these average, reg- mileage almost the size of the Com- the days of the hollow force, and it is ular, ordinary, every day citizens, they monwealth of Pennsylvania, is trying in that spirit we continue to work in are counting on their Members of Con- to get everywhere all the time. this House. gress to voice their opinions, to voice Mr. SCHAFFER. The gentleman’s their concerns and be the ones who are district is that size? f the guardians of the public trust and a Mr. HAYWORTH. The district is that legitimate public trust. size. Although a rancher in Show Low LEAVE OF ABSENCE What they are up against, though, said, here is a perfect slogan, a big man and the gentleman knows this as well for a big district, I do not exactly By unanimous consent, leave of ab- as I do, is when we walk right outside think that is the case. Even I cannot sence was granted to: the House chamber in these lobbies get all the way around all the time. Mr. SERRANO (at the request of Mr. right outside the Capitol, there are le- So several broadcasters in the area GEPHARDT) for Tuesday, May 17, and gions of lobbyists who are paid by var- are willing to set up programs and today, on account of a death in the ious special interests to come here and quite often on a Monday or Tuesday family. give us another viewpoint on what will set them up where constituents The following Members (at the re- America looks like from the perspec- from the comfort of their home or at quest of Mr. PALLONE) to revise and ex- tive of the banks of the Potomac. For- work or via mobile phone, if they are tend their remarks and include extra- tunately we have the loud voices of out on the streets and byways, can call neous material: people like Dr. Owens in Weston, Colo- in and we can discuss issues and it ac- Mr. LIPINSKI, for 5 minutes, today. rado, who take the time to write us let- tually invites everyone into the town- Mr. FILNER, for 5 minutes, today. ters and help us keep the Congress on hall. Mr. MCDERMOTT, for 5 minutes, an even center. The past several townhalls I have today. I know the gentleman hears from had, Mr. Speaker, again and again and Ms. CARSON, for 5 minutes, today. many constituents who help the gen- again and again, the question of na- Ms. DELAURO, for 5 minutes, today. tleman in that regard. tional security comes up. It evokes evi- Mr. CUMMINGS, for 5 minutes, today. Mr. HAYWORTH. I do, indeed. I dence that we have heard from Dr. Mr. HILL of Indiana, for 5 minutes, would also make the point that one of Owens that people are concerned. They today. the ironies of serving here in Wash- believe that our national security has Mr. PALLONE, for 5 minutes, today. ington is that especially sadly on the been frittered away. Indeed, we have Ms. JACKSON-LEE of Texas, for 5 min- left, a number of the special interest read in the press that the technology utes, today. May 18, 1999 CONGRESSIONAL RECORD — HOUSE H3293 SPECIAL ORDERS GRANTED and Rehabilitative Services, Department of Using Trawl Gear in the Gulf of Alaska Education, transmitting National Institute [Docket No. 990304062–9062–01; I.D. 033199F] By unanimous consent, permission to on Disability and Rehabilitation Research, received April 26, 1999, pursuant to 5 U.S.C. address the House, following the legis- pursuant to 20 U.S.C. 1232(f); to the Com- 801(a)(1)(A); to the Committee on Resources. lative program and any special orders mittee on Education and the Workforce. 2186. A letter from the Director, Policy Di- heretofore entered, was granted to: 2176. A letter from the Director, Office of rectives and Instructions Branch, Immigra- (The following Members (at the re- Regulatory Management and Information, tion and Naturalization Service, transmit- quest of Mr. WHITFIELD) to revise and Environmental Protection Agency, transmit- ting the Service’s final rule—Additional Au- extend their remarks and include ex- ting the Agency’s final rule—Approval and thorization to Issue Certificates for Foreign Health Care Workers [INS 1979–99] (RIN: traneous material:) Promulgation of Implementation Plans; California State Implementation Plan Revi- 1115–AF43) received May 3, 1999, pursuant to Mr. EHRLICH, for 5 minutes, today. sion, South Coast Air Quality Management 5 U.S.C. 801(a)(1)(A); to the Committee on the Mr. SOUDER, for 5 minutes each day, District [CA 038–100a; FRL–6333–4] received Judiciary. today and on May 19. April 29, 1999, pursuant to 5 U.S.C. 2187. A letter from the Chairman, United Mr. BURTON of Indiana, for 5 minutes, 801(a)(1)(A); to the Committee on Commerce. States Sentencing Commission, transmitting on May 25. 2177. A letter from the Director, Office of the 1997 annual report of the activities of the Commission, pursuant to 28 U.S.C. 997; to the Mr. KASICH, for 5 minutes, today. Regulatory Management and Information, Environmental Protection Agency, transmit- Committee on the Judiciary. Mr. WHITFIELD, for 5 minutes, today. ting the Agency’s final rule—Missouri: Final 2188. A letter from the Program Analyst, Mr. NETHERCUTT, for 5 minutes, on Authorization of State Hazardous Waste Office of the Chief Counsel, Department of May 19. Management Program Revision for Correc- Transportation, transmitting the Depart- Mr. HILL of Montana, for 5 minutes, tive Action [FRL–6333–2] received April 29, ment’s final rule—Standard Instrument Ap- on May 19. 1999, pursuant to 5 U.S.C. 801(a)(1)(A); to the proach Procedures; Miscellaneous Amend- Mr. PORTMAN, for 5 minutes, today. Committee on Commerce. ments [Docket No. 29544; Amdt. No. 1927] re- (The following Member (at his own 2178. A letter from the Director, Office of ceived May 3, 1999, pursuant to 5 U.S.C. 801(a)(1)(A); to the Committee on Transpor- request) to revise and extend his re- Congressional Affairs, Nuclear Regulatory Commission, transmitting the Commission’s tation and Infrastructure. marks and include extraneous mate- 2189. A letter from the Program Analyst, final rule—Consolidated Guidance about Ma- Office of the Chief Counsel, Department of rial:) terials Licenses: Program-Specific Guidance Transportation, transmitting the Depart- Mr. CARDIN, for 5 minutes, today. about Self-Shielded Irradiator Licenses, ment’s final rule—Airworthiness Directives; (The following Member (at his own dated October 1998—received March 16, 1999, Alexander Schleicher Segelflugzeugbau request) to revise and extend his re- pursuant to 5 U.S.C. 801(a)(1)(A); to the Com- Model ASK 21 Gliders [Docket No. 91–CE–25– mittee on Commerce. marks and include extraneous mate- AD; Amendment 39–11149; AD 95–11–15 R1] 2179. A letter from the Secretary of Health rial:) (RIN: 2120–AA64) received May 3, 1999, pursu- and Human Services, transmitting the 1998 Mr. MCDERMOTT, for 5 minutes, ant to 5 U.S.C. 801(a)(1)(A); to the Committee Annual Report on the National Institutes of today. on Transportation and Infrastructure. Health AIDS Research Loan Repayment Pro- f 2190. A letter from the Program Support gram; to the Committee on Commerce. Specialist, Aircraft Certification Service, 2180. A letter from the Deputy Secretary, ENROLLED BILL SIGNED Department of Transportation, transmitting Division of Market Regulation, Securities Mr. THOMAS, from the Committee the Department’s final rule—Airworthiness and Exchange Commission, transmitting the Directives; S.N. CENTRAIR 101 Series Glid- on House Administration, reported Commission’s final rule—Broker-Dealer Reg- ers [Docket No. 98–CE–50–AD; Amendment that that committee had examined and istration and Reporting [Release No. 34– 39–11140; AD 99–09–07] (RIN: 2120–AA64) re- found truly enrolled a bill of the House 41356; File No. S7–17–96] (RIN: 3235–AG69) re- ceived May 3, 1999, pursuant to 5 U.S.C. of the following title, which was there- ceived May 3, 1999, pursuant to 5 U.S.C. 801(a)(1)(A); to the Committee on Transpor- upon signed by the Speaker. 801(a)(1)(A); to the Committee on Commerce. tation and Infrastructure. 2181. A letter from the Executive Director, 2191. A letter from the Program Support H.R. 669. An act to amend the Peace Corps Committee For Purchase From People Who Specialist, Aircraft Certification Service, Act to authorize appropriations for fiscal Are Blind Or Severely Disabled, transmitting Department of Transportation, transmitting years 2000 through 2003 to carry out that Act, the Committee’s final rule—Procurement the Department’s final rule—Airworthiness and for other purposes. List Additions and Deletions—received May Directives; Avions Pierre Robin Model R2160 f 3, 1999, pursuant to 5 U.S.C. 801(a)(1)(A); to Airplanes [Docket No. 98–CE–80–AD; Amend- the Committee on Government Reform. ADJOURNMENT ment 39–11141; AD 99–09–08] (RIN: 2120–AA64) 2182. A letter from the President, James received May 3, 1999, pursuant to 5 U.S.C. Mr. HAYWORTH. Mr. Speaker, I Madison Memorial Fellowship Foundation, 801(a)(1)(A); to the Committee on Transpor- move that the House do now adjourn. transmitting the 1998 annual report of the tation and Infrastructure. The motion was agreed to; accord- Foundation, pursuant to Public Law 99–591, 2192. A letter from the Program Support section 814(b) (100 Stat. 3341–81); to the Com- ingly (at 11 o’clock and 30 minutes Specialist, Aircraft Certification Service, mittee on Government Reform. Department of Transportation, transmitting p.m.), the House adjourned until to- 2183. A letter from the Acting Director, Of- the Department’s final rule—Airworthiness morrow, May 19, 1999, at 10 a.m. fice of Sustainable Fisheries, National Ma- Directives; Raytheon Aircraft Company f rine Fisheries Service, National Oceanic and Models C90A, B200, B200C, B200T, B200CT, 300, Atmospheric Administration, transmitting B300, B300C, and A200CT Airplanes [Docket EXECUTIVE COMMUNICATIONS, the Administration’s final rule—Fisheries of No. 98–CE–104–AD; Amendment 39–11143; AD ETC. the Exclusive Economic Zone Off Alaska; 99–09–10] (RIN: 2120–AA64) received May 3, Under clause 8 of rule XII, executive Atka Mackerel in the Central Aleutian Dis- 1999, pursuant to 5 U.S.C. 801(a)(1)(A); to the communications were taken from the trict of the Bering Sea and Aleutian Islands Committee on Transportation and Infra- [Docket No. 990304063–9063–01; I.D. 040599A] structure. Speaker’s table and referred as follows: received April 26, 1999, pursuant to 5 U.S.C. 2193. A letter from the Program Support 2173. A letter from the Director, Defense 801(a)(1)(A); to the Committee on Resources. Specialist, Aircraft Certification Service, Procurement, Office of the Under Secretary 2184. A letter from the Acting Director, Of- Department of Transportation, transmitting of Defense, transmitting the Office’s final fice of Sustainable Fisheries, National Ma- the Department’s final rule—Airworthiness rule—Defense Federal Acquisition Regula- rine Fisheries Service, National Oceanic and Directives; British Aerospace (Jetstream) tion Supplement; Electronic Funds Transfer Atmospheric Administration, transmitting Model 4101 Airplanes [Docket No. 96–NM–214– [DFARS Case 98–D012] received April 16, 1999, the Administration’s final rule—Fisheries of AD; Amendment 39–11145; AD 99–09–12] (RIN: pursuant to 5 U.S.C. 801(a)(1)(A); to the Com- the Northeastern United States; Scup Fish- 2120–AA64) received May 3, 1999, pursuant to mittee on Armed Services. ery; Commercial Quota Harvested for Winter 5 U.S.C. 801(a)(1)(A); to the Committee on 2174. A letter from the Assistant Secretary, I Period [Docket No. 981014259–8312–02; I.D. Transportation and Infrastructure. Office of Special Education and Rehabilita- 032699B] received April 26, 1999, pursuant to 5 2194. A letter from the Program Support tive Services, Department of Education, U.S.C. 801(a)(1)(A); to the Committee on Re- Specialist, Aircraft Certification Service, transmitting Final Funding Priorities for sources. Department of Transportation, transmitting Disability and Rehabilitation Research 2185. A letter from the Acting Director, Of- the Department’s final rule—Airworthiness Projects and Rehabilitation Research and fice of Sustainable Fisheries, National Ma- Directives; Boeing Model 757–200 Series Air- Training Centers, pursuant to 20 U.S.C. rine Fisheries Service, National Oceanic and planes [Docket No. 98–NM–37–AD; Amend- 1232(f); to the Committee on Education and Atmospheric Administration, transmitting ment 39–11146; AD 99–09–13] (RIN: 2120–AA64) the Workforce. the Administration’s final rule—Fisheries of received May 3, 1999, pursuant to 5 U.S.C. 2175. A letter from the Assistant General the Economic Exclusive Zone Off Alaska; 801(a)(1)(A); to the Committee on Transpor- Counsel for Regulations, Special Education Shallow-water Species Fisheries by Vessels tation and Infrastructure. H3294 CONGRESSIONAL RECORD — HOUSE May 18, 1999 2195. A letter from the Chief, Regs and las Model MD–11 Series Airplanes [Docket interdiction and other operations, for the Of- Admin Law, USCG, Department of Transpor- No. 99–NM–42–AD; Amendment 39–11133; AD fice of the United States Trade Representa- tation, transmitting the Department’s final 99–09–01] (RIN: 2120–AA64) received May 3, tive, for the United States International rule—Management Information System 1999, pursuant to 5 U.S.C. 801(a)(1)(A); to the Trade Commission, and for other purposes; (MIS) Requirements [USCG–1998–4469] (RIN: Committee on Transportation and Infra- to the Committee on Ways and Means. 2115–AF67) received May 3, 1999, pursuant to structure. By Mr. LEWIS of Georgia: 5 U.S.C. 801(a)(1)(A); to the Committee on 2204. A letter from the Acting Associate H.R. 1834. A bill to promote the growth of Transportation and Infrastructure. Administrator for Procurement, National free enterprise and economic opportunity in 2196. A letter from the Program Support Aeronautics and Space Administration, the Caribbean Basin region, to increase trade Specialist, Aircraft Certification Service, transmitting the Administration’s final between the region and the United States, Department of Transportation, transmitting rule—Contracting Officer’s Technical Rep- and to encourage the adoption by Caribbean the Department’s final rule—Airworthiness resentative (COTR) Training—received April Basin countries of trade and investment poli- Directives; Lockheed Model L–1011–385 Series 26, 1999, pursuant to 5 U.S.C. 801(a)(1)(A); to cies necessary for participation in the Free Airplanes [Docket No. 98–NM–199–AD; the Committee on Science. Trade Area of the Americas; to the Com- Amendment 39–11147; AD 99–09–14] (RIN: 2120– 2205. A letter from the Chief, Regulations mittee on Ways and Means. AA64) received May 3, 1999, pursuant to 5 Branch, Customs Service, transmitting the By Mr. GILMAN (for himself, Mr. U.S.C. 801(a)(1)(A); to the Committee on Service’s final rule—Technical Corrections BROWN of Ohio, Mr. COX, Mr. KASICH, Transportation and Infrastructure. Regarding Customs Organization (T.D. 99–27) Mr. KNOLLENBERG, Mr. SANFORD, and 2197. A letter from the Program Support (RIN: 1515–AB84) received March 16, 1999, pur- Mr. MCINTOSH): H.R. 1835. A bill to impose conditions on Specialist, Aircraft Certification Service, suant to 5 U.S.C. 801(a)(1)(A); to the Com- assistance authorized for North Korea, to Department of Transportation, transmitting mittee on Ways and Means. the Department’s final rule—Airworthiness impose restrictions on nuclear cooperation f Directives; Eurocopter France Model AS– and other transactions with North Korea, 350B, B1, B2, B3, BA, and D Helicopters, and and for other purposes; to the Committee on REPORTS OF COMMITTEES ON International Relations. Model AS 355E, F, F1, F2 and N Helicopters PUBLIC BILLS AND RESOLUTIONS [Docket No. 98–SW–44–AD; Amendment 39– By Mr. BEREUTER: H.R. 1836. A bill to properly balance the 11139; AD 99–09–06] (RIN: 2120–AA64) received Under clause 2 of rule XIII, reports of committees were delivered to the Clerk wind and water erosion criteria and the wild- May 3, 1999, pursuant to 5 U.S.C. 801(a)(1)(A); life suitability criteria to be used in the 18th to the Committee on Transportation and In- for printing and reference to the proper signup of land in the conservation reserve frastructure. calendar, as follows: program; to the Committee on Agriculture. 2198. A letter from the Program Support Mr. SENSENBRENNER: Committee on By Mr. BURR of North Carolina (for Specialist, Aircraft Certification Service, Science. H.R. 1654. A bill to authorize appro- himself, Mr. CARDIN, Mr. MCCRERY, Department of Transportation, transmitting priations for the National Aeronautics and and Mr. PALLONE): the Department’s final rule—Airworthiness Space Administration for fiscal years 2000, H.R. 1837. A bill to amend title XVIII of the Directives; Boeing Model 747 Series Air- 2001, and 2002, and for other purposes; with Social Security Act to provide certain Medi- planes Equipped With General Electric an amendment (Rept. 106–145). Referred to care beneficiaries with an exemption to the Model CF6–45 or –50 Series Engines; or Pratt the Committee of the Whole House on the financial limitations imposed on physical, & Whitney Model JT9D–3, –7, or –70 Series State of the Union. speech-language pathology, and occupational Engines; and 747–E4B (Military) Airplanes Mr. SENSENBRENNER: Committee on therapy services under part B of the Medi- [Docket No. 99–NM–49–AD; Amendment 39– Science. H.R. 1553. A bill to authorize appro- care Program, and for other purposes; to the 11144; AD 99–09–11] (RIN: 2120–AA64) received priations for fiscal year 2000 and fiscal year Committee on Commerce, and in addition to May 3, 1999, pursuant to 5 U.S.C. 801(a)(1)(A); 2001 for the National Weather Service, At- the Committee on Ways and Means, for a pe- to the Committee on Transportation and In- mospheric Research, and National Environ- riod to be subsequently determined by the frastructure. mental Satellite, Data and Information Speaker, in each case for consideration of 2199. A letter from the Program Support such provisions as fall within the jurisdic- Specialist, Department of Transportation, Service activities of the National Oceanic and Atmospheric Administration, and for tion of the committee concerned. transmitting the Department’s final rule— By Mr. DELAY (for himself, Mr. AN- Airworthiness Directives; Boeing Model 737– other purposes; with an amendment (Rept. 106–146). Referred to the Committee of the DREWS, Mr. GILMAN, Mr. DEUTSCH, 100, –200, –200C, –300, –400, and –500 Series Air- Mr. ROHRABACHER, Mr. WU, Mr. COX, planes [Docket No. 98–NM–337–AD; Amend- Whole House on the State of the Union. Mr. REYNOLDS: Committee on Rules. Mr. JEFFERSON, Mr. DIAZ-BALART, ment 39–11132; AD 99–08–23] (RIN: 2120–AA64) Mrs. LOWEY, Mr. SMITH of New Jer- received May 3, 1999, pursuant to 5 U.S.C. House Resolution 174. Resolution providing for consideration of the bill (H.R. 1654) to au- sey, Mr. HUNTER, Mr. BURTON of Indi- 801(a)(1)(A); to the Committee on Transpor- ana, Mr. COOK, and Mr. WELDON of tation and Infrastructure. thorize appropriations for the National Aero- nautics and Space Administration for fiscal Florida): 2200. A letter from the Program Support H.R. 1838. A bill to assist in the enhance- Specialist, Aircraft Certification Service, years 2000, 2001, and 2002, and for other pur- poses (Rept. 106–147). Referred to the House ment of the security of Taiwan, and for other Department of Transportation, transmitting purposes; to the Committee on International the Department’s final rule—Airworthiness Calendar. Mr. REYNOLDS: Committee on Rules. Relations, and in addition to the Committee Directives; McDonnell Douglas Model MD–11 on Armed Services, for a period to be subse- House Resolution 175. Resolution providing Series Airplanes [Docket No. 99–NM–59–AD; quently determined by the Speaker, in each for consideration of the bill (H.R. 1553) to au- Amendment 39–11136; AD 99–09–04] (RIN: 2120– case for consideration of such provisions as thorize appropriations for fiscal year 2000 AA64) received May 3, 1999, pursuant to 5 fall within the jurisdiction of the committee and fiscal year 2001 for the National Weather U.S.C. 801(a)(1)(A); to the Committee on concerned. Service, Atmospheric Research, and National Transportation and Infrastructure. By Mr. FRANKS of New Jersey: 2201. A letter from the Program Support Environmental Satellite, Data and Informa- H.R. 1839. A bill to authorize the Director Specialist, Department of Transportation, tion Service activities of the National Oce- of the Federal Emergency Management transmitting the Department’s final rule— anic and Atmospheric Administration, and Agency to make grants to fire departments Airworthiness Directives; McDonnell Doug- for other purposes; (Rept. 106–148). Referred for the acquisition of thermal imaging cam- las Model MD–11 Series Airplanes [Docket to the House Calendar. eras; to the Committee on Transportation No. 99–NM–44–AD; Amendment 39–11135; AD Mr. BLILEY: Committee on Commerce. and Infrastructure. 99–09–03] (RIN: 2120–AA64) received May 3, H.R. 1400. A bill to amend the Securities Ex- By Mr. GRAHAM (for himself, Mr. JEF- 1999, pursuant to 5 U.S.C. 801(a)(1)(A); to the change Act of 1934 to improve collection and FERSON, and Mr. WEXLER): Committee on Transportation and Infra- dissemination of information concerning H.R. 1840. A bill to amend the Internal Rev- structure. bond prices and to improve price competi- enue Code of 1986 to increase the maximum 2202. A letter from the Program Support tion in bond markets, and for other purposes taxable income for the 15 percent rate brack- Specialist, Department of Transportation, (Rept. 106–149). Referred to the Committee of et, to provide a partial exclusion from gross transmitting the Department’s final rule— the Whole House on the State of the Union. income for dividends and interest received Airworthiness Directives; McDonnell Doug- f by individuals, to provide a long-term cap- las Model MD–11 Series Airplanes [Docket ital gains deduction for individuals, to in- No. 99–NM–43–AD; Amendment 39–11134; AD PUBLIC BILLS AND RESOLUTIONS crease the traditional IRA contribution 99–09–02] (RIN: 2120–AA64) received May 3, Under clause 2 of rule XII, public limit, and for other purposes; to the Com- 1999, pursuant to 5 U.S.C. 801(a)(1)(A); to the bills and resolutions were introduced mittee on Ways and Means. Committee on Transportation and Infra- By Mr. GUTIERREZ (for himself and and severally referred, as follows: structure. Mrs. MORELLA): 2203. A letter from the Program Support By Mr. CRANE: H.R. 1841. A bill to amend the Immigration Specialist, Department of Transportation, H.R. 1833. A bill to authorize appropria- and Nationality Act to restore eligibility for transmitting the Department’s final rule— tions for fiscal years 2000 and 2001 for the adjustment of status under section 245(i) of Airworthiness Directives; McDonnell Doug- United States Customs Service for drug that Act; to the Committee on the Judiciary. May 18, 1999 CONGRESSIONAL RECORD — HOUSE H3295

By Mr. HAYWORTH (for himself and BARCELO, Mr. SANDERS, Ms. telecast material, movies, video games, Mr. POMEROY): SCHAKOWSKY, Ms. SLAUGHTER, Mr. Internet content, and music lyrics from the H.R. 1842. A bill to provide matching STARK, Mrs. THURMAN, Mr. UNDER- applicability of the antitrust laws; to the grants for the construction, renovation and WOOD, Mr. WEINER, and Ms. WOOL- Committee on the Judiciary. repair of school facilities in areas affected by SEY): By Mr. THORNBERRY: Federal activities, and for other purposes; to H.R. 1849. A bill to require the Attorney H.R. 1856. A bill to direct the Attorney the Committee on Education and the Work- General to promulgate regulations relating General to establish a panel to study the force, and in addition to the Committee on to gender-related persecution, including fe- issue of Federal benefits received by persons Armed Services, for a period to be subse- male genital mutilation, for use in deter- convicted of drug offenses; to the Committee quently determined by the Speaker, in each mining an alien’s eligibility for asylum or on the Judiciary. case for consideration of such provisions as withholding of deportation; to the Com- By Mrs. THURMAN (for herself, Mr. fall within the jurisdiction of the committee mittee on the Judiciary. STARK, Mr. CANADY of Florida, Ms. concerned. By Mr. MILLER of Florida (for himself, BERKLEY, Mr. MATSUI, Mr. LEWIS of By Mr. HYDE (for himself and Mrs. Mr. GEORGE MILLER of California, Mr. Georgia, Ms. BALDWIN, Mr. HILLIARD, LOWEY): GOSS, Mr. KOLBE, Mr. FORBES, Mr. Mr. BARRETT of Wisconsin, Ms. KIL- H.R. 1843. A bill to amend title XXI of the WAXMAN, Mr. ROYCE, Mr. SHAYS, Mr. PATRICK, Ms. MILLENDER-MCDONALD, Social Security Act to permit States to use WOLF, Mrs. NORTHUP, Mr. FRELING- and Ms. HOOLEY of Oregon): funds under the State Children’s Health In- HUYSEN, Mr. BLAGOJEVICH, Mr. H.R. 1857. A bill to amend the Family and surance Program for coverage of uninsured SUNUNU, Mr. STARK, Mr. MEEHAN, Mr. Medical Leave Act of 1993 to allow leave for pregnant women, and for other purposes; to SANFORD, Mr. BASS, Mr. CAMPBELL, individuals who give living organ donations, the Committee on Commerce. Mr. BRADY of Pennsylvania, Mr. to amend the Public Health Service Act with By Mr. LAHOOD (for himself, Mr. PORTMAN, Mr. BERMAN, Mr. VIS- respect to paying travel and subsistence ex- FRANK of Massachusetts, Mr. KILDEE, CLOSKY, Mr. HINCHEY, Mr. HUTCH- penses that are incurred by individuals in do- Mr. SUNUNU, Mr. FROST, Mr. DINGELL, INSON, Mr. CARDIN, Mr. CASTLE, Mr. nating or receiving of organs, and for other and Mr. LATOURETTE): HANSEN, Mr. COOK, Mr. COYNE, Mr. purposes; to the Committee on Education H.R. 1844. A bill to provide for adjustment ENGLISH, Mr. ROHRABACHER, Mr. and the Workforce, and in addition to the of status for certain aliens granted tem- SOUDER, Mr. WEINER, Mr. SHAW, Mr. Committees on Commerce, Government Re- porary protected status in the United States SCARBOROUGH, Mr. PORTER, Mr. form, House Administration, and Ways and because of conditions in Lebanon; to the COBURN, Mr. HORN, Mr. RAMSTAD, Mr. Means, for a period to be subsequently deter- Committee on the Judiciary. WAMP, Mr. SENSENBRENNER, Mrs. mined by the Speaker, in each case for con- By Mr. LIPINSKI (for himself, Mr. ROUKEMA, Mr. KINGSTON, and Mr. sideration of such provisions as fall within TRAFICANT, Mr. DEFAZIO, Mr. DUN- SALMON): the jurisdiction of the committee concerned. CAN, Mr. EVANS, Mr. RUSH, Mr. H.R. 1850. A bill to amend the Agricultural By Mrs. CAPPS (for herself, Mr. GUTIERREZ, Mr. DAVIS of Illinois, Ms. Market Transition Act to convert the price GEJDENSON, Mr. HOUGHTON, Mr. BER- SCHAKOWSKY, Mr. COSTELLO, Mr. support program for sugarcane and sugar MAN, Mr. SAXTON, Mr. ACKERMAN, Mr. PHELPS, Mr. BORSKI, Mr. HOLDEN, and beets into a system of solely recourse loans WAXMAN, Mr. WEXLER, Mr. OSE, Mr. Mr. MCGOVERN): and to provide for the gradual elimination of FROST, Mr. PORTER, Mr. BONIOR, Ms. H.R. 1845. A bill to amend title 49, United the program; to the Committee on Agri- DELAURO, Mr. BROWN of California, States Code, to provide for congressional re- culture. Mr. MATSUI, Mrs. LOWEY, Mr. DIXON, view of civil aviation agreements; to the By Mr. OWENS (for himself, Mr. CLAY, Ms. SCHAKOWSKY, Mrs. MEEK of Flor- Committee on Transportation and Infra- Mr. GEORGE MILLER of California, Mr. ida, Mr. CROWLEY, Mr. BERRY, Mr. structure, and in addition to the Committee MARTINEZ, Mr. PAYNE, Mr. KUCINICH, HOLT, Mr. FARR of California, Ms. on Rules, for a period to be subsequently de- and Ms. WOOLSEY): KILPATRICK, Mr. HASTINGS of Florida, termined by the Speaker, in each case for H.R. 1851. A bill to amend the Occupational Mr. FILNER, Mr. PAYNE, Mr. LEVIN, consideration of such provisions as fall with- Safety and Health Act of 1970 to enhance Mr. KENNEDY of Rhode Island, Mr. in the jurisdiction of the committee con- protections for employees reporting work- BLAGOJEVICH, Mrs. MALONEY of New cerned. place hazards to the Occupational Safety and York, Ms. VELAZQUEZ, Mr. MINGE, Mr. By Ms. LOFGREN: Health Administration; to the Committee on CAPUANO, Mr. HINCHEY, Mr. HORN, Ms. H.R. 1846. A bill to amend the Immigration Education and the Workforce. LEE, Mr. ETHERIDGE, Mr. REYES, Mr. and Nationality Act to permit the Attorney By Mr. SENSENBRENNER (for him- GREEN of Texas, Mr. MEEHAN, Mr. General to deem that an applicant for natu- self, Mr. COBLE, and Mr. BERMAN): ALLEN, Mr. ENGEL, Mr. MCGOVERN, ralization has taken an oath of renunciation H.R. 1852. A bill to amend title 28, United Mr. KOLBE, Mr. BENTSEN, Ms. PELOSI, and allegiance in certain cases where the ap- States Code, to allow a judge to whom a case Mr. PHELPS, Mr. OBERSTAR, Mr. KING, plicant is medically unable to take the oath; is transferred to retain jurisdiction over cer- Mr. NADLER, Ms. BALDWIN, Mr. HALL to the Committee on the Judiciary. tain multidistrict litigation cases for trial; of Ohio, Mr. FORBES, Mr. FRANK of By Mrs. MALONEY of New York (for to the Committee on the Judiciary. Massachusetts, Ms. LOFGREN, Mr. RO- herself, Mr. MALONEY of Connecticut, By Mr. SESSIONS: MERO-BARCELO, Mr. CONDIT, Mr. Mrs. KELLY, and Ms. NORTON): H.R. 1853. A bill to provide for each Amer- PRICE of North Carolina, Mr. LEWIS of H.R. 1847. A bill to amend title 10, United ican the opportunity to provide for his or her Georgia, and Mr. ROTHman): States Code, to require the Secretary of De- retirement through a S.A.F.E. account, and H. Con. Res. 109. A concurrent resolution fense to prescribe regulations to protect the for other purposes; to the Committee on commending the people of Israel for re- confidentiality of communications between Ways and Means, and in addition to the Com- affirming, in its elections, its dedication to dependents of members of the Armed Forces mittee on Government Reform, for a period democratic ideals, and for other purposes; to and professionals providing therapeutic or to be subsequently determined by the Speak- the Committee on International Relations. related services regarding sexual or domestic er, in each case for consideration of such pro- By Mr. THOMPSON of Mississippi (for abuse; to the Committee on Armed Services. visions as fall within the jurisdiction of the himself, Mr. CLYBURN, Mr. HASTINGS By Mrs. MALONEY of New York (for committee concerned. of Florida, Mr. JEFFERSON, Mr. herself, Mr. SHAYS, Ms. ROYBAL-AL- By Mr. SHAYS (for himself, Mrs. CUMMINGS, Ms. VELAZQUEZ, Mr. CON- LARD, Mrs. MORELLA, Ms. NORTON, MALONEY of New York, Ms. BERKLEY, YERS, Mr. SCOTT, Mr. RUSH, Ms. JACK- and Mr. DOOLEY of California): Mr. BRADY of Pennsylvania, Mr. SON-LEE of Texas, Mr. PAYNE, Mr. H.R. 1848. A bill to ensure a woman’s right CAPUANO, Mr. ENGLISH, Mr. JACKSON of Illinois, Mrs. to breastfeed her child on any portion of FALEOMAVAEGA, Mr. FROST, Mr. GIL- CHRISTENSEN, Ms. NORTON, Mr. DAVIS Federal property where the woman and her MAN, Mr. GUTIERREZ, Ms. JACKSON- of Illinois, Mr. OWENS, Ms. BROWN of child are otherwise authorized to be; to the LEE of Texas, Mrs. JOHNSON of Con- Florida, Mrs. MEEK of Florida, Mr. Committee on Government Reform. necticut, Ms. KILPATRICK, Mr. KOLBE, FATTAH, Ms. MILLENDER-MCDONALD, By Mrs. MALONEY of New York (for Ms. LEE, Mr. MALONEY of Con- Mr. FORD, Mrs. JONES of Ohio, Mr. herself, Mrs. KELLY, Mr. ABER- necticut, Mr. MCGOVERN, Mr. NAD- TOWNS, Ms. MCKINNEY, Mrs. CLAYTON, CROMBIE, Ms. BERKLEY, Mrs. LER, Mr. PETRI, Mr. SCHAFFER, Ms. Mr. MEEKS of New York, Ms. LEE, Ms. CHRISTENSEN, Mrs. CLAYTON, Mr. CON- SCHAKOWSKY, and Mr. UNDERWOOD): EDDIE BERNICE JOHNSON of Texas, Mr. YERS, Mr. FARR of California, Mr. H.R. 1854. A bill to temporarily increase FROST, Ms. CARSON, Ms. KILPATRICK, FILNER, Mr. FROST, Ms. JACKSON-LEE the number of visas available for backlogged Ms. WATERS, Mr. WYNN, Mr. RANGEL, of Texas, Mr. JEFFERSON, Mr. LA- spouses and children of lawful permanent Mr. BISHOP, Mr. HILLIARD, Mr. LEWIS FALCE, Mr. LEWIS of Georgia, Ms. resident aliens; to the Committee on the Ju- of Georgia, and Mr. WATT of North LOFGREN, Mr. MCGOVERN, Ms. MCKIN- diciary. Carolina): NEY, Mr. MEEHAN, Ms. MILLENDER- By Mr. SMITH of Texas (for himself, H. Res. 176. A resolution recognizing the MCDONALD, Mrs. MORELLA, Ms. NOR- Ms. LOFGREN, and Mr. HUTCHINSON): historical significance of the Supreme TON, Mr. OLVER, Mr. PAYNE, Ms. H.R. 1855. A bill to exempt agreements re- Court’s unanimous decision in Brown v. PELOSI, Ms. RIVERS, Mr. ROMERO- lating to voluntary guidelines governing Board of Education, repudiating segregation, H3296 CONGRESSIONAL RECORD — HOUSE May 18, 1999

and reaffirming the fundamental belief that H.R. 796: Mr. DIAZ-BALART, Mr. THOMAS, H.R. 1342: Ms. WOOLSEY, Mr. CAPUANO, and we are all ‘‘one Nation under God, indivis- Mr. BRADY of Texas, Mr. HUNTER, and Mr. Ms. JACKSON-LEE of Texas. ible’’; to the Committee on the Judiciary. LEWIS of California. H.R. 1349: Mr. CALVERT, Mr. CANNON, and By Mr. BALDACCI: H.R. 827: Mr. LEVIN, Mr. GEORGE MILLER of Mr. LATHAM. H. Res. 177. A resolution relating to the California, Mr. DAVIS of Illinois, Mr. BER- H.R. 1355: Mr. ACKERMAN and Mr. treatment of veterans with Alzheimer’s dis- MAN, Mr. STARK, Mr. LEWIS of Georgia, Mr. RODRIGUEZ. ease; to the Committee on Veterans’ Affairs. HINOJOSA, Mr. CARDIN, and Mr. QUINN. H.R. 1366: Mr. PASTOR, Mr. BAKER, and Mr. By Ms. PELOSI (for herself, Mr. WOLF, H.R. 845: Mr. LEWIS of Georgia. SMITH of New Jersey. Mr. LANTOS, Mr. PORTER, Mr. GEP- H.R. 876: Mr. GARY MILLER of California. H.R. 1443: Mr. ENGEL. H.R. 1452: Mr. TRAFICANT. HARDT, Mr. COX, Mr. BONIOR, Mr. GIL- H.R. 895: Mr. DIXON, Mr. CARDIN, Ms. LEE, H.R. 1465: Mr. INSLEE. MAN, Mr. GEJDENSON, Mr. SMITH of Mrs. THURMAN, Ms. BERKLEY, Mr. MALONEY H.R. 1496: Ms. PRYCE of Ohio, Mr. New Jersey, Mr. BROWN of Ohio, Mr. of Connecticut, and Ms. VELAZQUEZ. H.R. 924: Mr. BURTON of Indiana, Mrs. LOBIONDO, Mr. MCINTOSH, and Mrs. MYRICK. ROHRABACHER, Mr. WU, Mr. ABER- EMERSON, Mr. GOODE, Mr. HOBSON, Mr. JEN- H.R. 1513: Mr. BLUMENAUER. CROMBIE, Mr. SCHAFFER, Mr. SHAYS, KINS, Ms. MCKINNEY, Mr. PICKETT, and Mr. H.R. 1592: Mr. CUNNINGHAM, Mr. TERRY, Mr. Mr. WAXMAN, Ms. WOOLSEY, Mr. TAYLOR of North Carolina. HUTCHINSON, Ms. BROWN of Florida, Mr. NOR- HORN, Mr. MCGOVERN, and Mr. CLAY): H.R. 976: Ms. CARSON, Mr. MALONEY of Con- WOOD, Mr. HOLDEN, Mr. GEKAS, and Mr. GIB- H. Res. 178. A resolution concerning the necticut, and Mr. JENKINS. BONS. tenth anniversary of the Tiananmen Square H.R. 997: Mr. PALLONE, Mr. BROWN of Cali- H.R. 1602: Mr. MANZULLO, Mr. GARY MILLER massacre of June 4, 1989, in the People’s Re- fornia, Mr. MATSUI, Mrs. JOHNSON of Con- of California, and Mr. TALENT. public of China; to the Committee on Inter- necticut, Mr. VENTO, Mr. WEYGAND, Mr. FIL- H.R. 1614: Mr. DAVIS of Florida. national Relations. H.R. 1616: Mr. MCINNIS. NER, Mrs. NAPOLITANO, Ms. WOOLSEY, Mr. H.R. 1649: Mr. PETRI. f MCHUGH, Mr. MOLLOHAN, and Mr. LEWIS of H.R. 1650: Ms. KILPATRICK, Mr. LEVIN, Ms. Georgia. SLAUGHTER, and Mr. SMITH of Washington. ADDITIONAL SPONSORS H.R. 1000: Mr. ORTIZ, Mr. POMBO, Mr. H.R. 1659: Mr. FRANK of Massachusetts, Ms. SOUDER, Mr. ENGLISH, and Mr. SHOWS. Under clause 7 of rule XII, sponsors CARSON, Ms. NORTON, Mr. GONZALEZ, Mr. H.R. 1002: Mr. PACKARD. JACKSON of Illinois, Mr. MEEKS of New York, were added to public bills and resolu- H.R. 1008: Mr. CALVERT. tions as follows: H.R. 1029: Mr. MCDERMOTT, Mr. FROST, Mr. Ms. BROWN of Florida, Mr. WALSH, Mr. DAVIS of Illinois, and Mr. CLAY. H.R. 5: Mr. ARMEY. FARR of California, and Mrs. MEEK of Flor- H.R. 1706: Mr. GARY MILLER of California. H.R. 8: Mr. EHRLICH, Mr. HANSEN, Mr. POR- ida. H.R. 1710: Mr. BACHUS. TER, and Mr. BRADY of Texas. H.R. 1044: Mr. ENGLISH, Mrs. THURMAN, Mr. H.R. 1750: Ms. SCHAKOWSKY, Mr. TRAFICANT, H.R. 49: Mrs. MINK of Hawaii, Mr. SANDLIN, JENKINS, and Mr. GARY MILLER of California. Ms. BALDWIN, Mr. RODRIQUEZ, and Mr. CON- and Mr. BACHUS. H.R. 1070: Mr. BORSKI and Mr. CLYBURN. YERS. H.R. 65: Mr. WATT of North Carolina. H.R. 1071: Ms. BERKLEY. H.R. 1080: Mr. WEINER, Mr. THOMPSON of H.R. 1763: Mr. HUNTER. H.R. 111: Mr. TALENT, Mr. CONYERS, Mr. H.R. 1768: Mr. MOORE. Mississippi, and Mr. LATOURETTE. MOORE, Ms. ROS-LEHTINEN, Mr. SMITH of New H.R. 1775: Mr. HOYER and Mr. KENNEDY of H.R. 1083: Mr. CRANE. Jersey, Mr. JONES of North Carolina, and Mr. H.R. 1095: Mr. RAHALL, Mr. ABERCROMBIE, Rhode Island. INSLEE. H.R. 1777: Mr. ENGLISH, Mr. EHLERS, and Mr. LANTOS, and Mr. LEWIS of Georgia. H.R. 157: Mr. ARMEY and Mr. PACKARD. H.R. 1102: Mrs. MYRICK, Mr. LUCAS of Ken- Mr. INSLEE. H.R. 170: Mr. ABERCROMBIE, Ms. KIL- H.R. 1791: Mr. ENGLISH and Mr. KILPATRICK. tucky, Mr. MANZULLO, Mr. COOK, and Mr. PATRICK, Mr. COSTELLO, and Mr. SANDERS. H.R. 1798: Mr. SLAUGHTER. VENTO. H.R. 1812: Mr. BALDWIN. H.R. 194: Mr. LEVIN. H.R. 1106: Mr. CHAMBLISS. H.J. Res. 21: Mr. EWING. H.R. 220: Mr. SUNUNU. H.R. 1111: Mr. LEACH. H.J. Res. 41: Mr. BRADY of Pennsylvania, H.R. 248: Mr. ENGLISH and Mr. SHADEGG. H.R. 1123: Mr. GEJDENSON and Ms. RIVERS. Mr. EDDIE BERNICE JOHNSON of Texas, Mr. H.R. 303: Mr. CHAMBLISS. H.R. 1146: Mr. TANCREDO. ELAHUNT E ETTE H.R. 315: Mr. PALLONE. H.R. 1168: Mr. MEEHAN, Mr. LATOURETTE, D , and Mr. D G . H. Con. Res. 8: Mr. LUCAS of Kentucky. H.R. 351: Mr. QUINN and Mr. BAKER. Mr. TRAFICANT, Mr. CRAMER, Mrs. ROUKEMA, H. Con. Res. 25: Mr. ROMERO-BARCELO, Mrs. H.R. 353: Mr. UPTON, Mr. JENKINS, Mr. Mr. HILLEARY, Mrs. TAUSCHER, Mr. JEFFER- KELLY, and Mr. FROST. SKELTON, Mr. SHAYS, and Ms. BROWN of Flor- SON, Mr. SMITH of New Jersey, Mr. SAXTON, H. Con. Res. 30: Mr. THORNBERRY and Mr. ida. Mr. TIERNEY, Mr. ENGEL, Mr. WEXLER, and RYUN of Kansas. H.R. 357: Mr. BAIRD. Mr. VISCLOSKY. H. Con. Res. 60: Mr. LEACH, Mr. BEREUTER, H.R. 380: Mr. WEINER and Mr. SERRANO. H.R. 1180: Mr. PAYNE, Mr. TAUZIN, Ms. and Mr. SUNUNU. H.R. 383: Mr. WATT of North Carolina, Mr. HOOLEY of Oregon, Ms. MCKINNEY, Mr. SIMP- H. Con. Res. 73: Mr. LAFALCE. LEWIS of Georgia, and Mr. HOLDEN. SON, and Mr. CAPUANO. H. Con. Res. 75: Mr. KENNEDY of Rhode Is- H.R. 390: Mrs. CHENOWETH, Mr. PITTS, Mr. H.R. 1190: Mr. UNDERWOOD. land, and Mr. EDDIE BERNICE JOHNSON of LAFALCE, Mr. TOWNS, Mr. CROWLEY, Mrs. H.R. 1196: Mr. HINOJOSA and Mr. WU. Texas. ACKARD THURMAN, and Mr. HINCHEY. H.R. 1218: Mr. P . H. Con. Res. 94: Mr. TRAFICANT, Mrs. CUBIN, H.R. 1221: Mrs. THURMAN. H.R. 407: Mr. TAYLOR of Mississippi. and Mr. SMITH of New Jersey. H.R. 1222: Mr. MCDERMOTT. H.R. 417: Mr. BOYD. H. Con. Res. 99: Mr. ENGLISH H.R. 1237: Mr. DELAHUNT, Mr. ROMERO- H.R. 430: Mr. GONZALEZ. H. Con. Res. 107: Mr. DEMINT, Mr. FORBES, BARCELO´ , Mr. FARR of California, Mr. H.R. 456: Mr. FOLEY, Mr. UDALL of Colo- Mr. HILLEARY, Mr. POMBO, Mr. RILEY, Mr. FRANKS of New Jersey, Mr. DAVIS of Florida, rado, Mr. GONZALEZ. SMITH of New Jersey, Mr. ARCHER, Mr. and Mr. WU. H.R. 483: Mr. TALENT. WATTS of Oklahoma, Mr. BLILEY and Mr. H.R. 1248: Ms. KILPATRICK, Mr. PALLONE, H.R. 488: Mr. MARKEY. HOSTETTLER. and Mr. BROWN of California. H.R. 516: Mr. BOUCHER. H. Res. 45: Mr. PACKARD. H.R. 1256: Mr. ARMEY, Mr. DEAL of Georgia, H.R. 518: Mr. SANFORD, Mr. PACKARD, Mr. H. Res. 115: Mr. LEVIN, Mr. WEINER, and Mr. Mr. BARTON of Texas, Mr. MEEKS of New BOUCHER. CAPUANO. York, and Mr. BOEHLERT. H.R. 531: Mr. LARSON, Mr. LAFALCE, Mr. H. Res. 161: Mr. LAMPSON and Ms. BALDWIN. H.R. 1267: Mr. LAFALCE. LAHOOD, Mr. SHAYS, Mr. HOEFFEL, Ms. H. Res. 164: Ms. MILLENDER-MCDONALD, Mr. H.R. 1285: Mr. ENGLISH, Mr. WYNN, Mr. HOOLEY of Oregon, and Ms. STABENOW. HILLIARD, Mr. SANDERS, Mr. SHOWS, Mr. BALDACCI, Mr. DAVIS of Illinois, Mr. BONIOR, H.R. 541: Mr. WU and Mr. ABERCROMBIE. BAIRD, Mr. ABERCROMBIE, and Mr. FROST. and Mrs. EMERSON. f H.R. 576: Mr. BAIRD. H.R. 1288: Mrs. MALONEY of New York, Ms. H.R. 584: Mr. KING and Mrs. KELLY. VELA´ ZQUEZ, and Mr. CAPUANO. DELETION OF SPONSORS FROM H.R. 648: Mr. UNDERWOOD and Mr. LEWIS of H.R. 1292: Mr. LOBIONDO, Mr. FROST, Mr. PUBLIC BILLS AND RESOLUTIONS Georgia. HOUGHTON, and Mr. LANTOS. H.R. 670: Mr. SMITH of Texas and Mrs. H.R. 1301: Ms. MCCARTHY of Missouri, Mr. Under clause 7 of rule XII, sponsors MEEK of Florida. EVERETT, Mr. KIND, Mrs. THURMAN, Mr. were deleted from public bills and reso- H.R. 716: Mr. LINDER. HULSHOF, Mr. LUCAS of Kentucky, Mr. lutions as follows: H.R. 719: Ms. KILPATRICK. C UGH AMP ANCREDO EAL M H , Mr. C , Mr. T , Mr. D H.R. 692: Mr. GREEN of Wisconsin. H.R. 732: Mr. ACKERMAN, Mrs. ROUKEMA, of Georgia, and Ms. PRYCE of Ohio. H.R. 987: Mr. THOMPSON of Mississippi. and Mr. KILDEE. H.R. 1317: Mr. NEAL of Massachusetts and f H.R. 750: Mr. SMITH of New Jersey. Mr. UPTON. H.R. 783: Mr. SISISKY, Mr. BONIOR, Mr. H.R. 1334: Mr. SHIMKUS, Mr. NORWOOD, Mr. AMENDMENTS SKELTON, Mr. SIMPSON, Mr. HILL of Indiana, GILLMOR, and Mr. WELLER. Mr. MCHUGH, and Mrs. JOHNSON of Con- H.R. 1337: Mr. BECERRA, Mr. BILIRAKIS, Mr. Under clause 8 of rule XVIII, pro- necticut. COLLINS, Mr. MCKEON, Mr. RANGEL, and Mr. posed amendments were submitted as H.R. 784: Mr. STENHOLM and Mr. BALDACCI. CRANE. follows: May 18, 1999 CONGRESSIONAL RECORD — HOUSE H3297 H.R. 1553 (6) in subparagraph (B)(i), strike In section 121(a), strike ‘‘sections 101,’’ and OFFERED BY: MR. HUTCHINSON ‘‘$399,800,000 to be for the Research and Tech- insert in lieu thereof ‘‘sections’’. nology Base, and with $54,200,000 to be for AMENDMENT NO. 1: In section 3, insert at H.R. 1654 Aviation System Capacity’’ and insert the end the following new subsection: OFFERED BY: MR. ROEMER ‘‘$54,200,000 to be for Aviation System Capac- (d) CLOSING OF LOCAL WEATHER SERVICE AMENDMENT NO. 4: After section 130, insert ity, and with $499,800,000 to be for the Re- OFFICES.—It is the sense of the Congress that the following new section: the National Weather Service should not search and Technology Base, including— ‘‘(I) $20,000,000 for the Innovative Aviation SEC. 131. COST LIMITATION FOR THE INTER- close any local weather service offices within NATIONAL SPACE STATION. Technologies Research program; Wind Zone IV, otherwise known as tornado (a) LIMITATION OF COSTS.—Except as pro- ‘‘(II) $30,000,000 for the Aging Aircraft alley. vided in subsection (c), the total amount ap- Sustainment program; H.R. 1553 propriated for— ‘‘(III) $10,000,000 for the Aircraft Develop- (1) costs of the International Space Station OFFERED BY: MR. TRAFICANT ment Support program; through completion of assembly may not ex- AMENDMENT NO. 2: At the end of the bill, ‘‘(IV) $20,000,000 for the Unmanned Air Ve- ceed $21,900,000,000; and add the following new sections: hicles program; and (2) space shuttle launch costs in connec- SEC. 9. COMPLIANCE WITH BUY AMERICAN ACT. ‘‘(V) $20,000,000 for the Long-Range Preci- tion with the assembly of the International No funds authorized pursuant to this Act sion Hypersonic Strike program’’; Space Station through completion of assem- may be expended by an entity unless the en- (7) in subparagraph (C), strike bly may not exceed $17,700,000,000 (deter- tity agrees that in expending the assistance ‘‘$994,800,000’’ and insert ‘‘$1,094,800,000’’; mined at the rate of $380,000,000 per space the entity will comply with sections 2 (8) in subparagraph (C)(i), strike shuttle flight). through 4 of the Act of March 3, 1933 (41 ‘‘$519,200,000’’ and insert ‘‘$619,200,000’’; and (b) COSTS TO WHICH LIMITATION APPLIES.— U.S.C. 10a–10c, popularly known as the ‘‘Buy (9) in subparagraph (C)(i), strike (1) DEVELOPMENT COSTS.—The limitation American Act’’). ‘‘$381,600,000 to be for the Research and Tech- imposed by subsection (a)(1) does not apply nology Base, and with $67,600,000 to be for SEC. 10. SENSE OF CONGRESS; REQUIREMENT to funding for operations, research, and crew REGARDING NOTICE. Aviation System Capacity’’ and insert return activities subsequent to substantial ‘‘$67,600,000 to be for Aviation System Capac- (a) PURCHASE OF AMERICAN-MADE EQUIP- completion of the International Space Sta- ity, and with $481,600,000 to be for the Re- MENT AND PRODUCTS.—In the case of any tion. equipment or products that may be author- search and Technology Base, including— (2) LAUNCH COSTS.—The limitation imposed ized to be purchased with financial assist- ‘‘(I) $20,000,000 for the Innovative Aviation by subsection (a)(2) does not apply to space ance provided under this Act, it is the sense Technologies Research program; shuttle launch costs in connection with oper- of the Congress that entities receiving such ‘‘(II) $30,000,000 for the Aging Aircraft ations, research, and crew return activities assistance should, in expending the assist- Sustainment program; subsequent to substantial completion of the ance, purchase only American-made equip- ‘‘(III) $10,000,000 for the Aircraft Develop- International Space Station. ment and products. ment Support program; (3) SUBSTANTIAL COMPLETION.—For pur- (b) NOTICE TO RECIPIENTS OF ASSISTANCE.— ‘‘(IV) $20,000,000 for the Unmanned Air Ve- poses of this subsection, the International In providing financial assistance under this hicles program; and Space Station is considered to be substan- Act, the Secretary of Commerce shall pro- ‘‘(V) $20,000,000 for the Long-Range Preci- tially completed when the development costs vide to each recipient of the assistance a no- sion Hypersonic Strike program’’. comprise 5 percent or less of the total Inter- tice describing the statement made in sub- H.R. 1654 national Space Station costs for the fiscal year. section (a) by the Congress. OFFERED BY: MR. COOK (c) AUTOMATIC INCREASE OF LIMITATION SEC. 11. PROHIBITION OF CONTRACTS. AMENDMENT NO. 2: At the end of the bill, AMOUNT.—The amounts set forth in sub- If it has been finally determined by a court insert the following new section: section (a) shall each be increased to reflect or Federal agency that any person inten- SEC. 221. SPACE STATION COMMERCIALIZATION. any increase in costs attributable to— tionally affixed a label bearing a ‘‘Made in In order to promote commercialization of (1) economic inflation; America’’ inscription, or any inscription the International Space Station, the Admin- (2) compliance with changes in Federal, with the same meaning, to any product sold istrator shall— State, or local laws enacted after the date of in or shipped to the United States that is not (1) allocate sufficient resources as appro- enactment of this Act; made in the United States, such person shall priate to accelerate the National Aero- (3) the lack of performance or the termi- be ineligible to receive any contract or sub- nautics and Space Administration’s initia- nation of participation of any of the Inter- contract made with funds provided pursuant tives promoting commercial participation in national countries participating in the Inter- to this Act, pursuant to the debarment, sus- the International Space Station; national Space Station; and pension, and ineligibility procedures de- (2) instruct all National Aeronautics and (4) new technologies to improve safety, re- scribed in section 9.400 through 9.409 of title Space Administration staff that they should liability, maintainability, availability, or 48, Code of Federal Regulations. consider the potential impact on commercial utilization of the International Space Sta- H.R. 1654 participation in the International Space Sta- tion, or to reduce costs after completion of assembly, including increases in costs for on- OFFERED BY MR. BATEMAN tion in developing policies or program prior- orbit assembly sequence problems, increased AMENDMENT NO. 1: In section 101(1), strike ities not directly related to crew safety; and (3) publish a list, not later than 90 days ground testing, verification and integration ‘‘$2,482,700,000’’ and insert ‘‘$2,382,700,000’’. activities, contingency responses to on-orbit In section 101(2), strike ‘‘$2,328,000,000’’ and after the date of the enactment of this Act, and annually thereafter with the annual failures, and design improvements to reduce insert ‘‘$2,228,000,000’’. the risk of on-orbit failures. In section 101(3), strike ‘‘$2,091,000,000’’ and budget request of the National Aeronautics and Space Administration, of the opportuni- (d) NOTICE OF CHANGES.—The Adminis- insert ‘‘$1,991,000,000’’. trator shall provide with each annual budget In section 103(4)— ties for commercial participation in the International Space Station consistent with request a written notice and analysis of any (1) in subparagraph (A), strike changes under subsection (c) to the amounts ‘‘$999,300,000’’ and insert ‘‘$1,099,300,000’’; safety and mission assurance. In the table of contents, after the item re- set forth in subsection (a) to the Senate (2) in subparagraph (A)(i), strike Committees on Appropriations and on Com- ‘‘$532,800,000’’ and insert ‘‘$632,800,000’’; lating to section 220, insert the following new item: merce, Science, and Transportation and to (3) in subparagraph (A)(i), strike the House of Representatives Committees on ‘‘$412,800,000 to be for the Research and Tech- Sec. 221. Space Station commercialization. Appropriations and on Science. The written nology Base’’ and insert ‘‘$512,800,000 to be H.R. 1654 notice shall include— for the Research and Technology Base, OFFERED BY: MR. ROEMER (1) an explanation of the basis for the including— change, including the costs associated with AMENDMENT NO. 3: Amend section 101 to ‘‘(I) $20,000,000 for the Innovative Aviation the change and the expected benefit to the read as follows: Technologies Research program; program to be derived from the change; and ‘‘(II) $30,000,000 for the Aging Aircraft SEC. 101. INTERNATIONAL SPACE STATION. (2) an analysis of the impact on the assem- Sustainment program; There are authorized to be appropriated to bly schedule and annual funding estimates of ‘‘(III) $10,000,000 for the Aircraft Develop- the National Aeronautics and Space Admin- not receiving the requested increases. ment Support program; istration for the International Space Sta- (e) REPORTING AND REVIEW.— ‘‘(IV) $20,000,000 for the Unmanned Air Ve- tion, for expenses necessary to terminate the (1) IDENTIFICATION OF COSTS.— hicles program; and program, for fiscal year 2000, $500,000,000. (A) SPACE SHUTTLE.—As part of the overall ‘‘(V) $20,000,000 for the Long-Range Preci- In section 106(1), strike ‘‘$13,625,600,000’’ space shuttle program budget request for sion Hypersonic Strike program’’; and insert in lieu thereof ‘‘$11,642,900,000’’. each fiscal year, the Administrator shall (4) in subparagraph (B), strike In section 106(2), strike ‘‘$13,747,100,000’’ identify separately the amounts of the re- ‘‘$908,400,000’’ and insert ‘‘$1,008,400,000’’; and insert in lieu thereof ‘‘$11,919,100,000’’. quested funding that are to be used for com- (5) in subparagraph (B)(i), strike In section 106(3), strike ‘‘$13,839,400,000’’ pletion of the assembly of the International ‘‘$524,000,000’’ and insert ‘‘$624,000,000’’; and insert in lieu thereof ‘‘$12,248,490,000’’. Space Station. H3298 CONGRESSIONAL RECORD — HOUSE May 18, 1999

(B) INTERNATIONAL SPACE STATION.—As part In section 103(4)(A)(ii)(I), insert ‘‘, includ- (2) add at the end the following new sub- of the overall International Space Station ing $30,000,000 for Pathfinder Operability sections: budget request for each fiscal year, the Ad- Demonstrations’’ after ‘‘Demonstration Pro- (b) PLAN.—After performing the activities ministrator shall identify the amount to be gram’’. described in subsection (a) the Administrator used for development of the International In section 103(4)(B)(i), insert ‘‘focused pro- shall, in consultation with the Secretary of Space Station. gram’’ after ‘‘Ultra-Efficient Engine’’. Agriculture, develop a plan to inform farm- (2) ACCOUNTING FOR COST LIMITATIONS.—As In section 103(4)(C)(i), insert ‘‘focused pro- ers and other prospective users about the use part of the annual budget request to the Con- gram’’ after ‘‘Ultra-Efficient Engine’’. and availability of remote sensing products gress, the Administrator shall account for In section 209(1), insert ‘‘encouraging’’ that may assist with agricultural and for- the cost limitations imposed by subsection after ‘‘process of’’. estry applications identified in subsection (a). In section 219— (a). The Administrator shall transmit such (3) VERIFICATION OF ACCOUNTING.—The Ad- (1) in subsection (a)— plan to the Congress not later than 180 days ministrator shall arrange for a verification, (A) strike ‘‘EDUCATION CURRICULUM.—’’ and after the date of the enactment of this Act. by the General Accounting Office, of the ac- insert ‘‘EDUCATIONAL INITIATIVE.—’’; (c) IMPLEMENTATION.—Not later than 90 counting submitted to the Congress within (B) strike ‘‘an age-appropriate educational days after the plan has been transmitted 60 days after the date on which the budget curriculum’’ and insert ‘‘age-appropriate under subsection (b), the Administrator shall request is transmitted to the Congress. educational materials’’; implement the plan. (4) INSPECTOR GENERAL.—Within 60 days (C) insert ‘‘related’’ after ‘‘and any other’’; after the Administrator provides a notice and H.R. 1654 and analysis to the Congress under sub- (D) strike ‘‘the educational curriculum OFFERED BY: MR. TRAFICANT section (d), the Inspector General of the Na- plans’’ and insert ‘‘the educational materials tional Aeronautics and Space Administra- plans’’; and AMENDMENT NO. 10: At the end of the bill, tion shall review the notice and analysis and (2) in subsection (b), strike ‘‘Committee on insert the following new section: report the results of the review to the com- Science of the House of Representatives and SEC. 221. SENSE OF CONGRESS; REQUIREMENT mittees to which the notice and analysis was the Committee on Commerce, Science, and REGARDING NOTICE. provided. Transportation of the Senate’’ and insert In the table of contents, after the item re- (a) PURCHASE OF AMERICAN-MADE EQUIP- ‘‘Congress’’. lating to section 130, insert the following MENT AND PRODUCTS.—In the case of any new item: H.R. 1654 equipment or products that may be author- Sec. 131. Cost limitation for the Inter- OFFERED BY: MR. SALMON ized to be purchased with financial assist- ance provided under this Act, it is the sense national Space Station. AMENDMENT NO. 7: At the end of the bill, of the Congress that entities receiving such H.R. 1654 insert the following new section: assistance should, in expending the assist- OFFERED BY: MR. ROEMER SEC. 221. ANTI-DRUG MESSAGE ON INTERNET ance, purchase only American-made equip- SITES. AMENDMENT NO. 5: At the end of the bill, ment and products. insert the following new section: Not later than 90 days after the date of the enactment of this Act, the Administrator, in (b) NOTICE TO RECIPIENTS OF ASSISTANCE.— SEC. 221. CANCELLATION OF RUSSIAN PARTNER- In providing financial assistance under this SHIP. consultation with the Director of the Office Act, the Administrator shall provide to each Not later than 90 days after the date of the of National Drug Control Policy, shall place recipient of the assistance a notice describ- enactment of this Act, the Administrator anti-drug messages on Internet sites con- ing the statement made in subsection (a) by shall terminate all contracts and other trolled by the National Aeronautics and the Congress. agreements with the Russian Government Space Administration. necessary to remove the Russian Govern- In the table of contents, after the item re- In the table of contents, after the item re- ment as a partner in the International Space lating to section 220, insert the following lating to section 220, insert the following Station program. The National Aeronautics new item: new item: and Space Administration shall not enter Sec. 221. Anti-drug message on Internet Sec. 221. Sense of Congress; requirement re- into a new partnership with the Russian sites. garding notice. Government relating to the International H.R. 1654 H.R. 1654 Space Station. Nothing in this section shall OFFERED BY: MR. SMITH OF MICHIGAN prevent the National Aeronautics and Space OFFERED BY: MR. TRAFICANT AMENDMENT NO. 8: In section 217— Administration from accepting participation AMENDMENT NO. 11: At the end of the bill, (1) insert ‘‘(a) INFORMATION DEVELOP- by the Russian Government or Russian enti- insert the following new section: ties on a commercial basis. Nothing in this MENT.—’’ before ‘‘The Administrator shall’’; SEC. 221. USE OF ABANDONED AND UNDERUTI- section shall prevent the National Aero- and (2) add at the end the following new sub- LIZED BUILDINGS, GROUNDS, AND nautics and Space Administration from pur- FACILITIES. chasing elements of the International Space sections: (a) IN GENERAL.—In meeting the needs of Station directly from Russian contractors. (b) PLAN.—After performing the activities In the table of contents, after the item re- described in subsection (a) the Administrator the National Aeronautics and Space Admin- lating to section 220, insert the following: and the Secretary of Agriculture shall de- istration for additional facilities, the Admin- Sec. 221. Cancellation of Russian partner- velop a plan to inform farmers and other pro- istrator shall select abandoned and underuti- ship. spective users about the use and availability lized buildings, grounds, and facilities in de- pressed communities that can be converted H.R. 1654 of remote sensing products that may assist with agricultural and forestry applications to National Aeronautics and Space Adminis- OFFERED BY: MR. ROHRABACHER identified in subsection (a). The Adminis- tration facilities at a reasonable cost, as de- AMENDMENT NO. 6: In section 103(2)— trator shall transmit such plan to the Con- termined by the Administrator. (1) in subparagraph (A), insert ‘‘, and of gress not later than 180 days after the date of (b) DEFINITIONS.—For purposes of this sec- which $77,400,000 may be used for activities the enactment of this Act. tion, the term ‘‘depressed communities’’ associated with International Space Station (c) IMPLEMENTATION.—Not later than 90 means rural and urban communities that are research’’ after ‘‘rocket vouchers’’; days after the plan has been transmitted relatively depressed, in terms of age of hous- (2) in subparagraph (B), insert ‘‘, and of under subsection (b), the Administrator and ing, extent of poverty, growth per capita in- which $70,000,000 may be used for activities the Secretary of Agriculture shall imple- come, extent of unemployment, job lag, or associated with International Space Station ment the plan. surplus labor. research’’ after ‘‘health issues’’; and H.R. 1654 In the table of contents, after the item re- (3) in subparagraph (C), insert ‘‘, and of lating to section 220, insert the following which $80,800,000 may be used for activities OFFERED BY: MR. SMITH OF MICHIGAN new item: associated with International Space Station AMENDMENT NO. 9: In section 217— research’’ after ‘‘health issues’’. (1) insert ‘‘(a) INFORMATION DEVELOP- Sec. 221. Use of abandoned and underutilized In section 103(4)(A)(i), insert ‘‘focused pro- MENT.—’’ before ‘‘The Administrator shall’’; buildings, grounds, and facili- gram’’ after ‘‘Ultra-Efficient Engine’’. and ties. E PL UR UM IB N U U S Congressional Record United States th of America PROCEEDINGS AND DEBATES OF THE 106 CONGRESS, FIRST SESSION

Vol. 145 WASHINGTON, TUESDAY, MAY 18, 1999 No. 72 Senate (Legislative day of Friday, May 14, 1999)

The Senate met at 9:30 a.m., on the on invoking cloture on the motion to not allowed to propose amendments to expiration of the recess, and was called proceed to that bill. If cloture is in- the pending legislation so this was to order by the President pro tempore voked, debate will continue on the mo- some form of protest. Now I am told [Mr. THURMOND]. tion to proceed. If cloture is not in- the excuse will be—and we will find voked, the Senate will begin a period of out—because the juvenile justice bill PRAYER morning business for 1 hour under the has not been completed. The Chaplain, Dr. Lloyd John control of Senator HELMS to com- The entertaining aspect of that ra- Ogilvie, offered the following prayer: memorate the life of Admiral Bud tionale is that while complaining about Almighty God, Lord of our lives and Nance. not being able to move forward on the Sovereign of our beloved Nation, we Attempts to come to a reasonable juvenile justice bill, they still won’t humbly confess our need for Your su- time agreement to finish the juvenile agree to amendments and time agree- pernatural power. Thank You that You justice bill will be made during today’s ments so we could dispose of the juve- do not tailor our opportunities to our session of the Senate. However, until nile justice bill. abilities, but rather give us wisdom, such an agreement is made, the Senate What this is really all about is that strength, and vision to match life’s will resume debate on the motion to there is a strong aversion on the part challenges. We surrender the pride of proceed to the Y2K bill. As a reminder, of the American Trial Lawyers Asso- thinking that we can make it on our the Senate will recess for the weekly ciation to this legislation. That aver- own resources. We are totally depend- party caucus luncheons from 12:30 to sion is manifesting itself by preventing ent on You. We could not think a 2:15. us from moving forward with this very thought, give dynamic leadership, or I thank my colleagues for their at- important legislation. Small, medium, and large businesses speak persuasively without Your con- tention. in America, high-tech firms all over stant and consistent blessing. You are f America, have written or contacted us the Source of all we have and are. We as to the importance of this legisla- praise You for the talents, education, Y2K ACT—MOTION TO PROCEED tion. I recently received a letter signed and experience You have given us, but The PRESIDENT pro tempore. The by some 130 high-tech companies in we know that You alone can provide clerk will report. America. I would like to read it. the insight, innovation, and inspiration The legislative assistant read as fol- This is from the Year 2000 Coalition. we need so urgently to meet the prob- lows: Actually, this letter was addressed to lems we face. You have told us there is Motion to proceed to the consideration of Senator KERRY, not to me. It says: no limit to what You will do to em- S. 96, a bill to regulate commerce between The Year 2000 Coalition, a broad-based power leaders who trust You com- and among the several States by providing multi-industry business group, is committed pletely and give You the glory. We for the orderly resolution of disputes arising to working with the Senate to enact mean- commit this day to glorify You in all out of computer-based problems related to ingful Y2K liability legislation. We fully sup- that we say and do. In Your all-power- processing data that includes a 2-digit ex- port S. 96 sponsored by Senator McCain, with pression of the year’s date. ful name. Amen. amendments and revisions agreed to by Sen- f The Senate resumed consideration of ators Wyden, Dodd, Hatch, Feinstein and the motion. Bennett, as the most reasonable approach to RECOGNITION OF THE ACTING The PRESIDING OFFICER (Mr. curtail unwarranted and frivolous litigation MAJORITY LEADER FRIST). The Senator from Arizona is that might occur as a result of the century date change. The PRESIDENT pro tempore. The recognized. While we appreciate any effort that further able acting majority leader, Senator Mr. MCCAIN. I thank the Chair. demonstrates the bipartisan recognition of MCCAIN, is recognized. In about 10 minutes, we are going to the need for legislation, the Coalition does f have another vote on cloture so that not support the Y2K bill that is being cir- we can proceed to the very important culated in your name and believes it detracts SCHEDULE Y2K liability bill, S. 96. The word is out from the sponsors of S. 96 effort to build sup- port for their bill. We urge you to support S. Mr. MCCAIN. Mr. President, this that the Democrats will now again 96 that is now pending before the Senate. morning the Senate will resume debate refuse to move forward with passage of Your vote in favor of cloture is important to on the motion to proceed to the Y2K this legislation. Last time, the excuse bring the bill to the floor and allow the Sen- legislation. At 9:45 this morning the was, as I understand it from the Demo- ate to address the challenge of Y2K con- Senate will proceed to a rollcall vote crat leader’s remarks, that they were fronting all Americans. A vote in favor of S.

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

S5437

. S5438 CONGRESSIONAL RECORD — SENATE May 18, 1999 96 is a vote in favor of Y2K remediation in- legislation, Department of Defense au- Associated Oregon Industries, Inc. stead of litigation. thorization, a whole long list of bills. Association of Manufacturing Technology. A very impressive list of, I believe, We can’t keep bringing up this bill or Association of Management Consulting 130 companies and corporations around Firms. other bills. So this is it until somebody BIFMA International. America, a pretty impressive group of shows me that there is a good-faith ef- Business and Industry Trade Association. corporations that, I would say, rep- fort. Business Council of Alabama. resents a substantial portion of Amer- As far as having votes on alter- Business Software Alliance. ica’s economy, that is concerned about natives, I think Senator MCCAIN and Chemical Manufacturers Association. this issue and wants us to move for- other managers would be glad to do Chemical Specialties Manufacturers Asso- ward. that. If somebody has an alternative ciation. Colorado Association of Commerce and In- I had honestly believed that after the proposal—by Senator KERRY, Senator dustry. demonstration of solidarity last week DASCHLE —fine, let’s vote on that. But Colorado Software Association. on this issue on the part of my friends to just block even the consideration of Compressed Gas Association. and colleagues on the other side of the this bill I think is very questionable Computing Technology Industry Associa- aisle—I took the Democrat leader at action. tion. his word. He said we will move forward; I hope the Senator will find a way to Connecticut Business & Industry Associa- we will have a bill; we want to work to- deal with this. At some point, if some- tion, Inc. gether on this. body shows me they are ready to go Connecticut Technology Association. Apparently, that is not going to be and we go to the substance and we have Construction Industry Manufacturers As- sociation. the case this morning. If it is not the the votes to pass it, fine. Otherwise, Conveyor Equipment Manufacturers Asso- case, then, obviously, I will do what- the Democrats have on their shoulders ciation. ever the majority leader dictates as to the fact they have killed the Y2K legis- Copper & Brass Fabricators Council. what the Senate calendar will be. lation. Let them explain it to the Copper Development Association, Inc. Mr. LOTT. Mr. President, will the businesspeople of this country, the men Council of Industrial Boiler Owners. Senator yield briefly? I don’t know the and women who have small businesses Edison Electric Institute. time situation. and to the computer industry, because Employers Group. Farm Equipment Manufacturers Associa- Mr. MCCAIN. Mr. President, I yield that is where the problem is. tion. the floor. I yield the floor. Flexible Packaging Association. Mr. LOTT. Mr. President, how much Mr. MCCAIN. Mr. President, I ask Food Distributors International. time do we have? unanimous consent the letter to Sen- Gypsum Association. The PRESIDING OFFICER. The Sen- ator KERRY from the Year 2000 Coali- Health Industry Manufacturers Associa- ator has 45 seconds remaining. tion and the letter to me be printed in tion. Mr. LOTT. Mr. President, I yield my- the RECORD. Independent Community Bankers Associa- self some of the leader time if nec- There being no objection, the letters tion. Indiana Information Technology Associa- essary. I thank Senator MCCAIN for his were ordered to be printed in the tion. continuing effort on this important RECORD, as follows: Indiana Manufacturers Association, Inc. legislation. YEAR 2000 COALITION, Industrial Management Council. I wonder how many people or how May 12, 1999. Information Technology Association of many Senators think the solution to Hon. JOHN MCCAIN, America. the year 2000 computer problem is liti- U.S. Senate, Russell Senate Office Building, Information Technology Industry Council. gation, lawsuits. I don’t believe most Washington, DC. International Mass Retail Council. Senators believe that is the answer. I DEAR SENATOR MCCAIN: On behalf of the International Sleep Products Association. know the American people don’t be- Year 2000 Coalition, we are writing to ex- Interstate Natural Gas Association of press our strong support for S. 96, the Y2K America. lieve that is the answer. What they Act. The attached letter was delivered to Investment Company Institute. want is a solution. They want us to do Senator Kerry this afternoon. Iowa Association of Business & Industry. everything we can to help small busi- The Year 2000 Coalition strongly supports Manufacturers Association of Mid-Eastern ness men and women and the computer legislation that would encourage cooperative PA. industry, everybody, address the prob- problem solving outside the courtroom in Manufacturer’s Association of Northwest lem. If we don’t get it done by the year order to alleviate Y2K-related problems that Pennsylvania. 2000, they certainly don’t want lawsuits occur. We believe S. 96 would create a legal Manufacturing Alliance of Connecticut, framework to protect both plaintiffs and de- Inc. to be the solution. Metal Treating Institute. That is what is at stake. I have acted fendants, and prevent this unique situation from triggering a crisis in our economy and Mississippi Manufacturers Association. in good faith. I know Senator MCCAIN our legal system. Motor & Equipment Manufacturers Asso- has. I was assured last week by Senator Sincerely, ciation. DODD of Connecticut that they were Aerospace Industries Association. National Association of Computer Consult- ready to go forward, that a number of Airconditioning & Refrigeration Institute. ant Business. Democrats would join the over- Alaska High-Tech Business Council. National Association of Convenience whelming Republican vote to support Alliance of American Insurers. Stores. National Association of Hosiery Manufac- getting cloture. American Bankers Associations. American Bearing Manufacturers Associa- turers. I want to emphasize this is on the tion. National Association of Independent Insur- motion to proceed. People need to un- American Boiler Manufacturers Associa- ers. derstand that. This apparently is going tion. National Association of Manufacturers. to be an effort by the Democrats to American Council of Life Insurance. National Association of Mutual Insurance block even taking up the bill to deal American Electronics Association. Companies. with this Y2K litigation problem. American Entrepreneurs for Economic National Association of Wholesaler-Dis- This is the second time in 3 weeks po- Growth. tributors. National Electrical Manufacturers Asso- litical games are being played with a American Gas Association. American Institute of Certified Public Ac- ciation. very serious issue. If that is the way it countants. National Federation of Independent Busi- is to be, I want the American people to American Insurance Association. ness. understand the Democrats do not want American Iron & Steel Institute. National Food Processors Association. a solution. They want to play games American Paper Machinery Association. National Housewares Manufacturers Asso- with this bill and they want litigation. American Society of Employers. ciation. That is what really is at stake. American Textile Machinery Association. National Marine Manufacturers Associa- As majority leader, I have to try to American Tort Reform Association. tion. America’s Community Bankers. National Retail Federation. deal with a lot of important issues, in- Arizona Association of Industries. National Venture Capital Association. cluding the juvenile justice bill, sup- Arizona Software Association. North Carolina Electronic and Information plemental appropriations for disasters, Associated Employers. Technology Association. the situation in Kosovo, bankruptcy Associated Industries of Missouri. Technology New Jersey. May 18, 1999 CONGRESSIONAL RECORD — SENATE S5439 NPES, The Association of Suppliers of American Tort Reform Association. National Retail Federation. Printing, and Publishing, and Converting America’s Community Bankers. National Venture Capital Association. Technologies. Arizona Association of Industries. North Carolina Electronic and Information Optical Industry Association. Arizona Software Association. Technology Association. Printing Industry of Illinois-Indiana Asso- Associated Employers. Technology New Jersey. ciation. Associated Industries of Missouri. NPES, The Association of Suppliers of Power Transmission Distributors Associa- Associated Oregon Industries, Inc. Printing, Publishing, and Converting Tech- tion. Association of Manufacturing Technology. nologies. Process Equipment Manufacturers Associa- Association of Management Consulting Optical Industry Association. tion. Firms. Printing Industry of Illinois-Indiana Asso- Recreation Vehicle Industry Association. BIFMA International. ciation. Reinsurance Association of America. Business and Industry Trade Association. Power Transmission Distributors Associa- Securities Industry Association. Business Council of Alabama. tion. Semiconductor Equipment and Materials Business Software Alliance. Process Equipment Manufacturers Associa- International. Chemical Manufacturers Association. tion. Semiconductor Industry Association. Chemical Specialties Manufacturers Asso- Recreation Vehicle Industry Association. Small Motors and Motion Association. ciation. Reinsurance Association of America. Software Association of Oregon. Colorado Association of Commerce and In- Securities Industry Association. Software & Information Industry Associa- dustry. Semiconductor Equipment and Materials tion. Colorado Software Association. International. South Carolina Chamber of Commerce. Compressed Gas Association. Semiconductor Industry Association. Steel Manufacturers Association. Computing Technology Industry Associa- Small Motors and Motion Association. Telecommunications Industry Association. tion. Software Association of Oregon. The Bankers Roundtable. Connecticut Business & Industry Associa- Software & Information Industry Associa- The Chlorine Institute, Inc. tion, Inc. tion. The ServiceMaster Company. Connecticut Technology Association. South Carolina Chamber of Commerce. Toy Manufacturers of America, Inc. Construction Industry Manufacturers As- Steel Manufacturers Association. United States Chamber of Commerce. sociation. Telecommunications Industry Association. Upstate New York Roundtable on Manufac- Conveyor Equipment Manufacturers Asso- The Bankers Roundtable. turing. ciation. The Chlorine Institute, Inc. Utah Information Technology Association. Copper & Brass Fabricators Council. The ServiceMaster Company. Valve Manufacturers Association. Copper Development Association, Inc. Toy Manufacturers of America, Inc. Washington Software Association. Council of Industrial Boiler Owners. United States Chamber of Commerce. West Virginia Manufacturers Association. Edison Electric Institute. Upstate New York Roundtable on Manufac- Wisconsin Manufacturers & Commerce. Employers Group. turing. Farm Equipment Manufacturers Associa- Utah Information Technology Association. tion. Valve Manufacturers Association. YEAR 2000 COALITION, Washington Software Association. May 12, 1999. Flexible Packaging Association. Food Distributors International. West Virginia Manufacturers Association. Hon. JOHN F. KERRY, Gypsum Association. Wisconsin Manufacturers & Commerce. U.S. Senate, Russell Senate Office Building, Health Industry Manufacturers Associa- Washington, DC. Mr. MCCAIN. Mr. President, I will tion. DEAR SENATOR KERRY: The Year 2000 Coali- have more to say after the vote. Independent Community Bankers Associa- tion, a broad-based multi-industry business The PRESIDING OFFICER. The Sen- tion. group, is committed to working with the Indiana Information Technology Associa- ator from Nevada. Senate to enact meaningful Y2K liability tion. Mr. REID. Mr. President, I hope we legislation. We fully support S. 96 sponsored Indiana Manufacturers Association, Inc. do not lose sight of the fact we are on by Senators McCain, with amendments and Industrial Management Council. the threshold of being able to do some- revisions agreed to by Senators Wyden, Information Technology Association of thing very important for this country. Dodd, Hatch, Feinstein and Bennett, as the America. most reasonable approach to curtail unwar- Those of us on this side of the aisle rec- Information Technology Industry Council. ognize we must do something with ranted and frivolous litigation that might International Mass Retail Council. occur as a result of the century date change. International Sleep Products Association. Y2K, and we will. While we appreciate any effort that further Interstate Natural Gas Association of The fact of the matter is, we are now demonstrates the bipartisan recognition of America. debating one of the most important the need for legislation, the Coalition does Investment Company Institute. issues we face in this Congress. That is, not support the Y2K bill that is being cir- Iowa Association of Business & Industry. What are we going to do with violence culated in your name and believes it detracts Manufacturers Association of Mid-Eastern in our schools, violence in our society from the sponsors of S. 96 effort to build sup- PA. generally? port for their bill. We urge you to support S. Manufacturer’s Association of Northwest 96 that is now pending before the Senate. Pennsylvania. We could complete this juvenile jus- Your vote in favor of cloture is important to Manufacturing Alliance of Connecticut, tice bill in the next day or two. Amend- bring the bill to the floor and allow the Sen- Inc. ments have been winnowed down to ate to address the challenge of Y2K con- Metal Treating Institute. where we just have a handful. If we fronting all Americans. A vote in favor of S. Mississippi Manufacturers Association. stick to the substance of the bill, we 96 is a vote in favor of Y2K remediation in- Motor & Equipment Manufacturers Asso- could have something very important stead of litigation. ciation. for the American people. I hope we are Sincerely, National Association of Computer Consult- Aerospace Industries Association. ant Business. allowed to go forward with this juve- Airconditioning & Refrigeration Institute. National Association of Convenience nile justice bill. Alaska High-Tech Business Council. Stores. I see the manager of this bill who has Alliance of American Insurers. National Association of Hosiery Manufac- done such an outstanding job. I yield to American Bankers Association. turers. the Senator from Vermont. American Bearing Manufacturers Associa- National Association of Independent Insur- Mr. LEAHY. Mr. President, the Sen- tion. ers. ate has considered S. 254 for portions of American Boiler Manufacturers Associa- National Association of Manufacturers. five days. The first day we were pre- tion. National Association of Mutual Insurance American Council of Life Insurance. Companies. vented from offering any amendments American Electronics Association. National Association of Wholesaler-Dis- until almost 3 p.m. in the afternoon. American Entrepreneurs for Economic tributors. When I tried to offer a first Democratic Growth. National Electrical Manufacturers Asso- amendment, the underlying amend- American Gas Association. ciation. ment to which it was offered was with- American Institute of Certified Public Ac- National Federation of Independent Busi- drawn and we started all over. Finally, countants. ness. we were able to offer amendments al- American Insurance Association. National Food Processors Association. American Iron & Steel Institute. National Housewares Manufacturers Asso- ternating back and forth across the American Paper Machinery Association. ciation. aisle. American Society of Employers. National Marine Manufacturers Associa- Three amendments were debated and American Textile Machinery Association. tion. voted on Tuesday evening and my law S5440 CONGRESSIONAL RECORD — SENATE May 18, 1999 enforcement amendment was offered proceeded to offer amendments from bill, that would likely conclude Senate and left pending overnight. On Wednes- the earliest opportunity. I marvel at consideration of the bill and we could day we continued to offer amendments comments by the sponsors of the bill move to a vote on final passage. on an alternating basis through the that it should have been passed with From all that Senator HATCH has day and voted on four more amend- one day’s consideration. been saying since Sunday, after offer- ments. The fact is that the bill was not the ing amendments on Friday and Mon- The Senate fell into a pattern of ta- product of Judiciary Committee action day, the Republican side has only an- bling amendments offered by Demo- but was introduced by the Majority other three amendments to offer. It crats only to see those amendments Leader and the Chairman and five would be a shame for the majority to come back as Republican sponsored other Republicans from the Judiciary pull the bill now. amendments that were then adopted. Committee this January and placed di- In spite of the filing of the Repub- Thus, after rejecting the Leahy law en- rectly on the Senate calendar. The lican motion to pull this bill and move forcement amendment we saw an sponsors objected to its being referred back to the Y2K bill that was debated amendment offered by Senator to the Judiciary Committee and there- last month, Democrats have continued ASHCROFT to add back several of its by prevented it. offering amendments, when permitted measures and had the McCain amend- It has sat on the Senate Calendar by the Republican majority. Unfortu- ment on these same matters offered since January, without hearings, with- nately, Republican objection last Fri- and withdrawn. out an opportunity to be considered by day prevented Senator LAUTENBERG Unquestionably the Senate hit a real the Judiciary Committee, and without from offering his amendment in an ef- snag on this bill when it rejected, on a any opportunity for any Democrats to fort to get a final vote on the language virtual party line vote, the Lautenberg offer improvements or amendments to to be used in the context of gun show amendment and we saw first the Craig it. sales after Hatch-Craig II modified amendment and then Hatch-Craig II It should not go unnoticed that in that language for a second time. I trust seeking to reclaim ground on the gun spite of the fact that they drafted the that there will be progress on that show amendment. Senator SCHUMER bill, so far Republican cosponsors of front today as we proceed and that and I tried to point out problems with the bill have sponsored 10 of the 13 Re- other Democratic amendments will be the Craig amendment only to be told publican-offered amendments to it— allowed to be offered. that we were wrong on Wednesday the bill’s sponsors have sponsored 10 of It is my understanding that the next night and right the morning after the the Republican amendments so far. It two amendments to be offered should amendment was adopted. is disingenuous for Republicans to seek be Democratic amendments, since we On Wednesday the Senate had under leave to revise, reedit and amend their concluded Monday’s session with two consideration eight amendments own bill and deny Democrats a fair op- Republican amendments in a row. through the day and voted on four of portunity to help shape that legisla- To date, after the filing of the clo- those. On Thursday the Senate voted tion through the amendment process. ture petition to end action on the juve- on four more amendments and debated How about a commensurate oppor- nile violence bill and move off it and the Schumer Internet gun amendment tunity for others to offer amendments back to a debate on Y2K liability pro- and Hatch-Craig II on gun shows. to that work product, too? tection for certain businesses, there On Friday, despite the plans of many The Senate last week had 13 roll call have been 13 amendments offered and Senators to travel to the Balkans and votes on amendments, Senator HATCH now pending and awaiting Senate others to be away on other business, we accepted one and the Senate accepted votes. As many amendments were of- continued debating and voting. There one on a voice vote after a tabling mo- fered on Friday and Monday as were were two additional votes and six addi- tion failed. We have adopted seven voted upon on Tuesday, Wednesday, tional amendments were offered for de- amendments by roll call votes, includ- Thursday and Friday. It is hard to see bate with votes to be scheduled this ing the two Craig amendments, and ta- how anyone could say that we are not week. bled five amendments by roll call making progress and not making a It was also on Friday that the Major- votes. We were making progress on the strong good faith effort on this meas- ity Leader attempted to leave this ju- bill and I was gratified to hear the en- ure. venile crime bill and move off onto couraging words of the Majority Lead- Let me put this debate in its proper other matters. By my calculation, it er on Thursday. context. In the last Congress, the Judi- was after the Senate had been per- By last Friday, we had whittled the ciary Committee considered S. 10, a ju- mitted only the equivalent of three 89 likely Democratic amendments venile crime bill, and the predecessor days on the juvenile crime bill spread down by almost half and we have con- to this measure. When Senator HATCH over the course of four calendar days. tinued working to reduce them. On Fri- refers to years of work on S. 254, he is If I recall correctly, the Senate spent day we reached agreement on a finite referring to the work we did to improve almost that amount of time, a couple list of possible amendments of which S. 10 in the last Congress. The Judici- of years ago, renaming Reagan Na- there were over 40 reserved not for ary Committee met on six separate oc- tional Airport. Democrats but for Republicans. casions to consider 52 amendments to Indeed, the Majority Leader filed clo- I have been working on a managers’ S. 10—40 amendments were adopted by ture on his motion to proceed to S. 96 package with Senator HATCH and be- unanimous consent and 12 amendments immediately after moving to proceed lieve that one should be ready to be ac- were considered by roll call votes. back to that bill and abandon Senate cepted today that will go a long way As I have noted, the bill before us efforts on the juvenile violence legisla- toward reducing the remaining amend- today, S. 254, was never considered by tion. It is that vote that is now ap- ments on both sides and clearing the the Senate Judiciary Committee. The proaching. It is that vote that will de- way to concluding Senate action on sponsors bypassed the Judiciary Com- termine whether we abandon our effort this measure. I hope that Senator mittee. Democrats never had the to craft a juvenile violence bill or not. HATCH will continue to work with me chance in Committee to debate it, to I urge all Senators to stay the course to offer that package without further offer amendments to S. 254 or to im- and not abandon this effort. delay. prove it. Is it any wonder that Demo- Rather I would urge that we adopt After acceptance of that managers’ crats have amendments to this bill and the words of the Majority Leader from amendment, I expect the remaining would like an opportunity to be heard Friday when he said: ‘‘Give it a reason- Democratic amendments will number on the important subject of juvenile vi- able time, give it full debate, have rea- less than a dozen, probably less than 10, olence? Democrats’ first opportunity to sonable amendments, and then vote.’’ and maybe less than that. Thus, if all improve this bill is during this Senate No one can seriously claim that the Democrats in the Senate could just floor debate. Democrats are being dilatory or fili- have the opportunity to offer a number Also recall that when Democrats bustering this bill. We have proceeded of amendments equal to the number of were in the majority and Republicans promptly from the moment the Major- amendments offered so far by three of in the minority in 1994, there was a ity Leader called it up for debate and the original Republican sponsors of the rather full debate on crime legislation. May 18, 1999 CONGRESSIONAL RECORD — SENATE S5441 The Senate considered the 1994 crime We reached on Friday an agreement recoup its losses. The litigation cycle bill for 12 days over three weeks, and on a finite list of possible amendments. is never-ending and small businesses considered 99 amendments to the 1994 We have a possible managers’ package have the most to lose. crime bill. that could do this. We can finish this A good example of a small business Let us keep focused on the task of bill. I think if we want to do the actual that may be caught in this cycle of liti- completing consideration of this juve- work, we will get it done. gation is a constituent of mine who nile violence bill without moving the I reserve the remainder of my time. owns a small medical supply company Senate off onto other matters and Mr. BOND. Mr. President, I rise that provides oxygen to patients. He abandoning this important effort. Does today to address the Y2K Act from my has already determined he has a Y2K anyone really believe that the consid- perspective as the chairman of the Sen- problem with his computers and is dili- eration of liability limited Y2K legisla- ate Committee on Small Business. The gently trying to correct the problem. tion is more important this month choice presented by this legislation is The Health Care Financing Adminis- than completing Senate action on a ju- clear—if you are a supporter of small tration has even required him to create venile violence bill? I urge a no vote on business in America, you must support a booklet to provide to customers re- the Republican cloture motion and ask this legislation and vote for cloture so garding the steps he has taken to be- Republicans then to join with Demo- that the Senate may proceed on this come Y2K compliant. If his suppliers or crats to continue to work to complete bill. vendors have a Y2K failure and he can- action on the juvenile violence bill. One of the highest priorities of the not supply needed oxygen to his cus- We are improving the bill by means small business community for this tomers, he may very well be subject to of this Senate debate. Senator HATCH Congress is that we establish proce- lawsuits that could cost him his com- and I are agreeing to include sugges- dures to resolve disputes efficiently pany. This is the type of situation we tions from Senators from both sides of arising from the Y2K computer prob- must prevent from occurring. the aisle in a managers’ amendment lem. The consequences that may arise Women-owned and family-owned that should be accepted today. We have from this problem are as yet unknown. businesses are the most vulnerable made and are making excellent However, small family-owned busi- from costly litigation, either as plain- progress. The Senate should be allowed nesses are understandably concerned tiffs or defendants, because they don’t to complete its work on this important that their companies may be in danger have the time to devote to it and don’t legislation. either from the problem itself or from have excess revenue to afford it. In ad- We were pleased when the Majority suits brought by trial lawyers con- dition, small businesses do not want to Leader honored his commitment, made cerned only with the fees they can ob- sue companies with which they have during the previous Senate debate on tain from settlements. long-standing relationships and whose the Y2K bill, S. 96, to take up this The small businesses concerned with survival is tied to their own. Therefore, measure as a vehicle for youth violence Y2K litigation are located on Main encouraging resolution of disputes out- amendments. It would be ironic if we Streets all across America, not just side of the courtroom is of great assist- now abandoned that effort to return for Silicon Valley. They are this country’s ance to these businesses. a second time to the debate on Y2K leg- mom and pop groceries, its dry clean- Second, the legislation requires islation before being given an oppor- ers and its hardware stores. The Na- plaintiffs to provide defendants with tunity to complete action on this tional Federation of Independent Busi- notice prior to filing a complaint and measure. The Senate should reject clo- nesses, the nation’s largest small busi- allows defendants 60 days to correct ture on the motion to pull the juvenile ness association, strongly supports this Y2K problems suffered by the plaintiff. violence bill and continue our impor- legislation. The NFIB surveyed its Encouraging mitigation and prompt tant work on this measure. members and found that an over- settlement of claims allows small Mr. President, we have not spent a whelming 93% support capping damage women-owned and family-owned busi- great deal of time on the juvenile awards for Y2K suits. The small busi- nesses to recover quickly from business crime bill. I think we spent the same ness community is speaking with a disruptions and, most importantly, al- amount of time renaming the National unified voice in support of Y2K liabil- lows small businesses to continue Airport. We spent only a fraction of the ity legislation and we should not ig- doing business. As I stated before, time on the last crime bill when the nore that voice. many of these businesses do not have Democrats controlled the Senate be- I have heard during the debate that the cash flow to engage in long, drawn- cause of the time taken by the Repub- enactment of this bill will harm small out disputes, if they want to stay in lican side. There were 99 amendments businesses. That simply is not the case. business. This provision will allow on that crime bill, I point out. The fact of the matter is that we can By merely reading the bill, it is appar- small women-owned and family-owned pass a good juvenile crime bill or we ent that small businesses will benefit businesses to focus on correcting their can give into a powerful lobby. greatly from its provision. So that we problems and continuing in business. I have been a gun owner since I was may dispel the myths surrounding this This is what small businesses want to 14. I trained my children in the use of bill once and for all, it is important to do and what Congress should encour- guns. I come from the only State in the point out several of the provisions of age. Union with no gun control laws, but I this legislation that small women and The bill also establishes punitive tell you right now my duty is first and family-owned businesses will find par- damage limits for suits against small foremost to the Senate, not to a gun ticularly helpful. businesses. The bill provides that under lobby. I believe Senators should deter- First, the legislation encourages al- most circumstances a small business mine the schedule on this bill, not the ternative dispute resolution for Y2K defendant cannot be subject to punitive gun lobbies. Senators should vote this lawsuits. This will help small busi- damages greater than 3 times the com- bill up or vote it down, not have it nesses tremendously. According to the pensatory damages awarded or $250,000, withdrawn at the behest of any lobby, Gartner Group, an international con- whichever is less. I don’t believe that even one as powerful as the gun lobby. sulting firm, more than $1 trillion will anybody can reasonably suggest that We worked all weekend—all week- be spent on litigation relating to the this provision will not help the small end—and we have removed most of the Y2K problem. Lawsuits are likely to women-owned and family-owned busi- amendments pending. occur up and down the supply chain. nesses. Other than the obvious affect I point out that so far the Repub- That is, if the supplier of a family- the cap will have, placing a limit on licans who cosponsored the bill, spon- owned business has a Y2K failure that punitive damages will allow plaintiffs sored 10 of the 13 Republican amend- impacts its abilities to serve its cus- in meritorious suits to recover their ments to this bill. We have taken tomers, it may have a lawsuit on its actual damages quicker. Moreover, the longer to vote on at least one amend- hands. That business, to recoup its cap will decrease the number of frivo- ment to accommodate Senators who losses, may then be forced to turn lous lawsuits that small businesses were out, some for a fundraiser, than around and sue its supplier, which very may have to face, as unscrupulous at- we did on the debate on that amend- well may also be a small business. The torneys will realize that large settle- ment. supplier then will sue someone else to ments will not be forthcoming. S5442 CONGRESSIONAL RECORD — SENATE May 18, 1999 It is also important to point out what after the majority leader made it clear Trent Lott, John McCain, Jesse Helms, this bill will not do. It will not prevent that he wanted to have a full debate on Rod Grams, Connie Mack, John H. a small business from availing itself of both of those days. We didn’t have a Chafee, R. F. Bennett, Larry E. Craig, the judicial system when it has been full debate, but it wasn’t the fault of Craig Thomas, Pete Domenici, Richard G. Lugar, Sam Brownback, Ben wronged by another party’s actions re- Democrats. Nighthorse Campbell, Pat Roberts, lated to the Y2K problem. The bill does So Members might understand my Chuck Hagel, and Spencer Abraham. surprise when the majority leader, out not affect the enforcement of written VOTE of the blue, without any prior notifica- contracts nor does it prevent a small The PRESIDING OFFICER. The business from bringing a lawsuit alleg- tion, filed this motion to proceed on Y2K. I am not sure why he is doing it question is, Is it the sense of the Sen- ing negligence or other grounds based ate that debate on the motion to pro- in tort law. The bill merely establishes today. I sense there are some on the other side who don’t want to finish the ceed to S. 96, the Y2K Act, shall be a procedure to efficiently remedy dis- brought to a close? putes and preclude a feeding-frenzy on bill, who would rather put the bill back on the calendar, for whatever reason, The yeas and nays are required under the part of unscrupulous plaintiff’s at- the rule. torneys attempting to earn their for- and who don’t want to do it cleanly. They want to do it in an obfuscated The clerk will call the roll. tune from the Y2K problem. The legislative clerk called the roll. way so our fingerprints are on remov- Earlier this year, Congress passed Mr. NICKLES. I announce that the ing the bill. They want our fingerprints Y2K legislation that I authored to pro- Senator from Kansas (Mr. BROWNBACK) on this bill as it is put back on the cal- vide small businesses with the means is necessarily absent. to fix their own computer systems. The endar. We are not going to do that. We Mr. REID. I announce that the Sen- next step is to discourage frivolous ator from New York (Mr. MOYNIHAN) is suits and permit small women-owned ought to stay on this bill until it is fin- ished. We are getting closer. There is necessarily absent. and family-owned businesses to resolve I further announce that, if present absolutely no reason why, this week— Y2K disputes without costly litigation. and voting, the Senator from New York early this week—we couldn’t finish this The bill now before the Senate is a bi- (Mr. MOYNIHAN) would vote ‘‘no.’’ legislation, if we set our mind to doing partisan compromise that will accom- The PRESIDING OFFICER (Mr. so. plish this objective without adversely CRAPO). Are there any other Senators affecting lawsuits that have merit. So we are going to oppose cloture today, not because we don’t want to in the Chamber who desire to vote? I believe that the choice is clear. If The yeas and nays resulted—yeas 53, move to Y2K. I want to move to that you are a supporter of small women- nays 45, as follows: owned and family-owned business and bill, and I will support a motion to pro- ceed to Y2K. I will do it and I hope we [Rollcall Vote No. 120 Leg.] you want to see them continue as the YEAS—53 economic engine that runs this coun- do it immediately, after this bill is Abraham Frist McConnell try, you must support this legislation completed. We don’t need to file clo- ture on it. I will support it, a lot of our Allard Gorton Murkowski and vote in favor of cloture so that the Ashcroft Gramm Nickles Senate may proceed on this bill. colleagues will support it. We want to Bennett Grams Roberts Mr. LEAHY. What is the parliamen- get a Y2K bill passed. I hope we could Bond Grassley Roth do it in a way that would bring a 100– Bunning Gregg Santorum tary situation? Burns Hagel Sessions The PRESIDING OFFICER. The Sen- 0 vote. I think we are negotiating in a Campbell Hatch Smith (NH) ator from Vermont has 2 minutes 42 way that could produce that result, but Chafee Helms Smith (OR) seconds, and the Senator from Arizona maybe I am too optimistic. Cochran Hutchinson Snowe Let’s take these things one step at a Collins Hutchison Specter has 16 seconds. Coverdell Inhofe Stevens Mr. LEAHY. Mr. President, I will time. Let us ensure that we finish this Craig Jeffords Thomas yield 30 seconds. bill before we move on to the next bill. Crapo Kyl Thompson And when we do, I will move on to the DeWine Lott Thurmond Mr. SESSIONS. Mr. President, I had Domenici Lugar Voinovich a question: Could we reach a time next bill and I will move on to the bill Enzi Mack Warner agreement? We could certainly cut de- after that. We have to get our work Fitzgerald McCain done, but let’s do it in an organized bate on any amendments from this NAYS—45 fashion. side, I think, to a very short time, and Akaka Edwards Levin then we ought to be able to reach a I yield the floor. The PRESIDING OFFICER. The Sen- Baucus Feingold Lieberman time agreement. Bayh Feinstein Lincoln The majority leader would allow this ator from Arizona has 16 seconds. Biden Graham Mikulski Mr. McCAIN. Mr. President, I am Bingaman Harkin Murray bill to come up and we could have the amused and entertained by the re- Boxer Hollings Reed votes that the Senator would like to Breaux Inouye Reid marks of the Democrat leader. All he have, but we need an ending date. We Bryan Johnson Robb has to do is agree to a time and date cannot go on with the ‘‘walking’’ fili- Byrd Kennedy Rockefeller when the final passage of the juvenile Cleland Kerrey Sarbanes buster that puts all the agenda of this justice bill would be voted on. He Conrad Kerry Schumer Congress on hold because of an unlim- Daschle Kohl Shelby knows it. I know it. We know it. ited time debate. Dodd Landrieu Torricelli He is using the same excuse he used Dorgan Lautenberg Wellstone Could we do that? last time—almost exactly—that he Durbin Leahy Wyden Mr. DASCHLE. Mr. President, before would move forward with the bill and we vote, let me make a couple of points NOT VOTING—2 we would have final passage. I con- very clear. Brownback Moynihan gratulate him on his rhetoric. The first point is that we have done The PRESIDING OFFICER. On this everything I know how to cooperate on CLOTURE MOTION vote, the yeas are 53, the nays are 45. The PRESIDING OFFICER. All time the juvenile justice bill. We have of- Three-fifths of the Senators duly cho- has expired. The cloture motion having fered a finite list of amendments. We sen and sworn not having voted in the been presented under rule XXII, the have worked with our colleagues to re- affirmative, the motion is rejected. Chair directs the clerk to read the mo- duce that list. We have agreed to time Mr. LOTT addressed the Chair. limits. We have not second-degreed or tion. The PRESIDING OFFICER. The ma- The legislative assistant read as fol- filibustered any amendments on the jority leader. lows: other side. Mr. LOTT. Mr. President, let me say As I say, we have done it all. We even CLOTURE MOTION again how disappointed I am that it ap- offered to offer amendments on Friday We the undersigned Senators, in accord- pears the Senate did not want to deal ance with the provisions of rule XXII of the and Monday. That was rejected by our Standing Rules of the Senate, do hereby with the question of the year 2000 com- Republican colleagues because they move to bring to a close debate on the mo- puter liability problem. I think that is didn’t want to debate those particular tion to proceed to Calendar No. 34, S. 96, the a devastating blow for business and in- amendments on Friday and Monday, Y2K legislation: dustry in this country, big and small, May 18, 1999 CONGRESSIONAL RECORD — SENATE S5443 as well as the computer industry. If we But the Democrats held firm on clo- fix Y2K problems right away, knowing do not do this, I predict by this time ture. Sometimes party unity is a good that if they do not make a good-faith next year our courts will be clogged thing, but in this case, it is a mistake. effort to do so, they will shortly face with lawsuits. I do not believe that is The reason why it is a mistake is costly litigation. The natural economic the answer to the problem. that the Y2K problem hurts America. incentive of industry is to satisfy their f What we face is the threat that an ava- customers and, thus, prosper in the lanche of Y2K-related lawsuits will be ORDER OF BUSINESS competitive environment of the free simultaneously filed on or about Janu- market. This acts as a strong motiva- Mr. LOTT. So that Senators will ary 3, 2000 and that this unprecedented tion for industry to fix a Y2K problem know how we would like to proceed for wave of litigation will overwhelm the before any dispute becomes a legal one. the next hour or so, we want to have a computer industry’s ability to correct This will be true, however, only as long special order in honor of and tribute to the problem. Make no mistake about as businesses are given an opportunity one of the finest staff members I have it, this super-litigation threat is real, to do so and are not forced, at the out- ever known in the 26 years I have been and if it substantially interferes with set, to divert precious resources from in Congress, Adm. Bud Nance. the computer industry’s ongoing Y2K the urgent tasks of the repair shop to PRIVILEGE OF THE FLOOR repair efforts, the consequences for the often unnecessary distractions of Mr. LOTT. I ask unanimous consent America could be disastrous. the court room. A business and legal that during the tributes to Admiral Today we face the more immediate environment which encourages prob- Nance all staff of the Foreign Relations problem of frivolous litigation that lem-solving while preserving the even- Committee be granted floor privileges. seeks recovery even where there is lit- The PRESIDING OFFICER. Without tle or no actual harm done. In that re- tual opportunity to litigate may best objection, it is so ordered. gard, I am aware of at least 25 Y2K-re- insure that consumers and other inno- Mr. LOTT. It is anticipated that fol- lated class actions that are currently cent users of Y2K defective products lowing those tributes, some time might pending in courts across the country, are protected. be spent hearing further from Senators with the threat of hundreds more to The Y2K problem presents a special expressing their concern at and dis- come. case. Because of the great dependence appointment about the vote against It is precisely these types of Y2K-re- of our economy, indeed of our whole so- cloture on the motion to proceed to the lated lawsuits that pose the greatest ciety, on computerization, Y2K will im- Y2K issue. Then we will work with the danger to industry’s efforts to fix the pact almost every American in some Democratic leadership and the man- problem. All of us are aware that the way. But the problem and its associ- agers of the juvenile justice bill to see computer industry is feverishly work- ated harms will occur only once, all at how we can proceed on that bill after ing to correct—or remediate, in indus- approximately the same time, and will the policy luncheon hour or two hours. try language—Y2K so as to minimize affect virtually every aspect of the Hopefully, we could have some wrap-up any disruptions that occur early next economy, society, and government. debate on amendments that were of- year. What we must avoid is creating a liti- fered Friday and Monday, because What we also know is that every dol- gious environment so severe that the some of those amendments were of- lar that industry has to spend to defend computer industry’s remediation ef- fered and some debate was heard but against especially frivolous lawsuits is forts will slacken and retreat at the the other side was not heard on that a dollar that will not get spent on fix- very moment when users and con- particular amendment, and it could ing the problem and delivering solu- sumers need them to advance with all have been from either side of the aisle. tions to technology consumers. Also, deliberate speed. What we must avoid So some additional time might be how industry spends its precious time is the crippling the high tech sector of needed for that, and I was thinking of and money between now and the end of our economy. maybe a series of stacked votes. the year—either litigating or miti- We have some 13 amendments that gating—will largely determine how se- As chairman of the Federal Reserve are pending. Hopefully, we would not vere Y2K-related damage, disruption, Board Alan Greenspan recently noted, have to have a recorded vote on all of and hardship will be. the tremendous growth of our economy those, but whatever number would be Let me talk about the potential fi- is in large measure a result of produc- required, and then see if we can work nancial magnitude of the Y2K litiga- tivity gains resulting from the comput- for a way to complete the juvenile jus- tion problem. The Gartner Group esti- erization of our economy. America is tice bill in a reasonable period of time mates that worldwide remediation unquestionably the high tech leader in with a reasonable number of amend- costs will range between $300 billion to the world today. Our technology is a ments on both sides, and then go to- $600 billion. Other experts contend that major export item. Unless the Y2K bill morrow, hopefully, not later than overall litigation costs may total $1 is passed, the American high tech in- noon, to the supplemental appropria- trillion. Even if we accept the lower formation industries and computer tions bill, assuming the House passes amount, according to Y2K legal expert businesses will be swamped by an ava- that this afternoon or tonight. Jeff Jinnett, ‘‘this cost would greatly lanche of lawsuits. I think it would be irresponsible for exceed the combined estimated legal Mr. President, why kill the goose us to delay any longer than is abso- costs associated with Superfund envi- that lays the golden egg? Let the Sen- lutely necessary to take up this legis- ronmental litigation . . . U.S. tort liti- ate vote on the underlying bill. Let the lation. It has been pending too long. It gation . . . and asbestos litigation.’’ Senate vote on Democrat and Repub- is supposed to be an emergency, sup- Perhaps the best illustration of the lican amendments. But let us vote on posed to deal with disasters in Central sheer dimension of the litigation mon- the merits of the bill. Leave politics America, in Kansas and Oklahoma, as ster that Y2K may create is Mr. aside. This issue is too important to be well as the defense needs in support of Jinnett’s suggestion that a $1 trillion held hostage. our men and women who are flying estimate for Y2K-related litigation bombing raids right now over Kosovo. costs ‘‘would exceed even the estimated The excuse that the minority prof- It would be my intent, as soon as we re- total annual direct and indirect costs fered is that the Y2K should not be ceive it from the House, to go to that of all civil litigation in the United brought up until the Juvenile Justice legislation. It is still my hope that we States,’’ which he says is $300 billion bill is completed. How ironic. I have can complete juvenile justice in a rea- per year. been working around the clock to work sonable period of time. These figures should give all of us on a time agreements for amendments Mr. HATCH. Mr. President, I am ex- pause. At this level of cost, Y2K-re- to the Juvenile Justice bill. The minor- tremely disappointed in the failure of lated litigation may well overwhelm ity has been delaying the Juvenile Jus- the Senate to invoke cloture. I believe the capacity of the already crowded tice bill and uses the delay as an ex- that there exists strong bipartisan sup- court system to deal with it. cuse to vote no on cloture petition on port for the bill and it is a shame that Thus, it is imperative that Congress a motion to proceed to the Y2K bill. the bill may die for partisan reasons. should give companies an incentive to That’s called chutzpa. S5444 CONGRESSIONAL RECORD — SENATE May 18, 1999 Look, a strong bipartisan sub- which is not going to be completed in 2 I see the distinguished Senator from stitute—a Dodd-McCain-Hatch-Fein- hours. This bill is going to take some Utah on the floor. I know that he stein-Gorton-Wyden-Bennett sub- discussion. I think it is a tragedy that wants the floor, and so I will yield. stitute—has been crafted. This sub- we are not going to do the Y2K issue, The PRESIDING OFFICER. The Sen- stitute is carefully drafted to assure an but I am interested in getting a result. ator from Utah. appropriate balance between the rights I think if we can get some cooperation, Mr. HATCH. Mr. President, I really of citizens to bring suits for compensa- we can achieve that. appreciate the majority leader and his tion and the need to protect the high Keep in mind that we have had some patience and forbearance, because this tech community from onerous and 25 amendments, I believe, that have bill is now in its sixth day. That is wasteful litigation. This is a fair reso- been offered and debated. This would more than we give to most bills in the lution of differences between Demo- call for 20 more. That is 45 amendments Senate, unless they are just hotly con- crats and Republicans. I hope—for the on a bill that has been in the making tested. This is one that should not be sake of our Nation—that the minority for 2 years. So I think my request is hotly contested. Everybody ought to be allows us to debate this provision. reasonable, and it is my third or fourth for this bill. f attempt to find some sort of time Mr. President, yesterday I read a agreement. quote from a recent New York Times UNANIMOUS CONSENT REQUEST— editorial, and I would like to read it I thought and was assured that we S. 254 again, prior to the time for Senator would work to complete this bill last HELMS. Mr. LOTT. So for the sake of discus- Thursday. That didn’t work out. And I This is from the New York Times edi- sions, I ask unanimous consent that understand. Sometimes the leadership torial: the Senate now resume consideration on both sides of the aisle has goals we of the juvenile justice bill, and there be In the past it was not hard to be struck by wish to achieve, but the rest of the the way time seemed to roll over a tragedy 10 amendments in order per side to be troops don’t necessarily follow and fall selected from the amendments in order like a school shooting, by the disparity be- in line, so we can’t quite fulfill that tween the enduring grief of parents who lost pursuant to the previous consent of commitment. But the suggestion was children in places like Paducah and May 14, and passage occur by 12 noon, made, well, we will have amendments Jonesboro and the swift distraction of the Wednesday, May 19. Friday and Monday, and we would vote rest of us. This time, perhaps, things may be Mr. LEAHY. Reserving the right to on a series of amendments Tuesday different. The Littleton shootings have object—and my distinguished friend morning, final passage by noon. That forced upon the nation a feeling that many parents know all too well—that of inhabiting from Mississippi discussed this with me was objected to. Then we said, how before during the vote—and as I have the very culture they are trying to protect about 5, with more amendments after their children from. . . . The urge to do told my friend from Mississippi and my the stacked votes on Tuesday morning. friend from Utah, we are continuing to something about youth violence is very That was objected to. Then I said 6. strong . . . but it will require an urge to do work to whittle down the number of That was objected to. many things, and to do them with consider- amendments certainly on our side. As I Now I am saying, how about getting able ingenuity and dedication, before symp- had assured my friend from Utah over what we have standing, 20 more amend- tomatic violence of the kind that occurred in the weekend, I and my staff have spent Littleton begins to seem truly improbable, ments, and complete it by noon on a lot of time talking to Democratic not just as unlikely as the last shooting. Wednesday so we can go to the supple- Members, and we have cut out a num- That was the New York Times, May mental. I think I am bending over ber of amendments. 11, 1999. While I may not agree with the backwards, not because I want more of I do want to see this bill completed. Times on everything, I doubt I could the type of debate that I heard last I do want a good juvenile justice bill. have described any better the task we week where Senators even object to a Also, I want to get us on to Y2K, as the have taken on. This issue is a complex Senator amending their own amend- distinguished Democratic leader, Sen- problem and one which requires dedica- ment. I didn’t realize that happened in ator DASCHLE, said he is in favor of the tion, a spirit of cooperation, and an the Senate. I was very disappointed Y2K bill. He is in favor of going imme- agreed upon set of objectives. diately, after juvenile justice, to the with that action. But instead, we must I believe that spirit of cooperation Y2K bill. come together and seriously try to deal has been lacking somewhat as this is The distinguished majority leader is with this problem. the sixth day we are on this bill and, as absolutely right in what he said about I know there are Senators on both of this morning, my colleagues on the the supplemental. I suspect—I have not sides of the aisle who want to do that, other side of the aisle still had over 25 talked with Senator STEVENS and Sen- and I am anxious to find a way to get amendments. Now, my friend from ator BYRD—that is going to go fairly it done and get it completed. I will Vermont has indicated that he is work- rapidly. withhold this request. I hope the man- ing to try and get those cut down. I We are going to have our caucus agers will work through this, while we hope he is successful. I have spent sev- luncheons. The distinguished Senator are having this very well-deserved trib- eral days urging Republicans not to from North Carolina wishes to begin a ute to Admiral Nance, and then after offer their amendments—most have series of justly-deserved tributes to the the luncheon hopefully we can wrap up been agreeable—in the hopes that my admiral. I ask the distinguished leader some agreement. colleagues on the other side would re- if he would withdraw for now the unan- Mr. LEAHY. If the distinguished ciprocate. I spent the weekend here, imous consent agreement, let us work leader will yield further, I will be very and my staff was here working around during our caucus luncheons with brief. In my 25 years here, I have seen the clock. We heard nothing from the other Members to try to get this up so majority leaders, distinguished major- other side during that time. Indeed, we we can accommodate both the Repub- ity leaders, both Republican and Demo- were told by them that staff would not lican and Democratic side, get amend- crat, try to whittle down bills in time, be coming in to meet with us at that ments voted up or down, and get the and usually when they propose time time. bill voted up or down. agreements, the number of amend- Now, perhaps they were trying to Mr. LOTT. Mr. President, based on ments has expanded. In this case, I say work on the Democrat amendments. that request and a full measure of try- the good news for the distinguished Certainly, the distinguished Senator ing to be reasonable and get an agree- Senator from Mississippi is, each time from Vermont says that is what he was ment to get this worked out and com- he has done this, actually the numbers doing. But frankly, we were prepared pleted, because I think juvenile crime have dwindled, and dwindle and dwin- to work and cut these matters down in this country is a very serious issue, dle. and get this whole matter completed. for the Senate to not deal with it seri- I suggest that perhaps the distin- In fairness, we have been given some ously and to complete action would be guished Senator from Utah and I con- suggested changes to the underlying indefensible. tinue our efforts and report to our re- bill. We were given those suggestions My problem, as the majority leader, spective leaders after the caucus where late yesterday. I would be willing to is that we have the supplemental, we stand. accept a number of them if it meant we May 18, 1999 CONGRESSIONAL RECORD — SENATE S5445 could pass this bill by a date certain. guished Senator from Vermont and I ber of amendments that Senators never As well, staff has been working to clear both know that we have to bring up the have to see. several amendments as part of a man- bankruptcy bill, the Satellite Home The last crime bill took 12 days. agers’ package of amendments, which I Viewer Act, in addition to all these There were 99 amendments. We walked hope Senator LEAHY and I can do. Still, very important issues that involve the through it, and we did it. I remember we have been given no commitment, national defense and our people who being on that committee of conference, assurances, or even a hint that my col- are serving in the Balkan crisis, and, of and the distinguished Senator from leagues will agree to a vote on a time course, the supplemental appropria- Utah may recall that we were there or date certain. This bill is too impor- tions bill. We only have a limited time until 3, 4, 5 o’clock in the morning. tant to be treated this way. The prob- in which to do it. These were complex issues, but we got lem of juvenile crime and the victims So it is good that we get together it done. The crime rate has been com- of juvenile crime deserve better. today and get this matter resolved. I ing down for 6 years—something that I We should pass this bill, but there don’t think we could have had a more have not seen under any other adminis- are a number on the other side who cooperative majority leader, under the tration before—Republican or Demo- want to pull this bill down. You hear a circumstances. We stand ready, will- crat. So we can get somewhere on this. lot of posturing about the gun lobby, ing, and able to work with our col- We have significant issues in here. which is complete nonsense. Let’s just leagues on the other side to try to nar- Every single Member on this side of the review the facts. row these amendments and, of course, aisle is committed to seeing a juvenile The President’s gun package was work with them to try to get some of justice bill passed. We want to go on to framed as essentially containing the these problems solved that they think debate and vote on Y2K. The majority following elements: Gun show loop- are so serious. leader is correct in saying the supple- holes; permanent Brady; one gun a I might add that a number of these mental has to be passed. We are not month; juvenile Brady; juvenile posses- gun amendments were already in the trying to delay it. I assure my friend sion of assault weapons, increase the bill; juvenile Brady is a prime example. from Utah that an enormous amount of age to 21; child access to guns, liabil- We had that already in the bill. You work was done this weekend, and it ity; safety locks; increase penalties for would think, from the President’s re- was done until very late last night. I guns to juveniles; firearms tracing; marks, that it wasn’t part of our bill. think my last e-mail on this came youth crime gun initiative; gun king- We have worked on this bill for 2 years. through to me at about 12:30, 12:45 this pins penalties; and a clip ban. I want it to be bipartisan; I want our morning. We are getting it done. More than half of the President’s so- Democratic colleagues to be part of Now, the distinguished Senator from called ‘‘plan’’ has been acted on by the this; I want them to feel good after it North Carolina has been sitting here Senate or is contained in a pending is all done. We have made every effort patiently and wishes to speak about a amendment. In other words, we have to try to accommodate them. But to lifetime friend, a man who deserves a agreed to a unanimous consent agree- have this thing go on for another day great deal of honor and praise by this ment limiting amendments which al- or two is basically not right, under the Senate from both sides. I think we lows for the remaining elements of the circumstances. would do the Senate well and the mem- President’s plan to be offered. So I hope we can get together, and I ory of the great man well by both of us So the question is, Where is the hope we will work together and get our holding this debate until after the cau- President on this issue? Republicans staffs together, and I hope we will re- cus. I thank the distinguished Senator want to let this plan be voted on, but solve this either today or tomorrow. from North Carolina for his courtesy, his allies in the Senate do not appear I yield the floor. which was doubly helpful this morning eager to move forward. I hope they Mr. LEAHY. Mr. President, I know because I know this is a difficult time will. the distinguished Senator from Utah for him. I believe my colleague from Vermont would not want to leave a wrong im- I yield the floor. when he says that, given some time pression about what has happened, so f and through the caucuses today, we perhaps I might flesh out his remarks probably can get this resolved, or at just a tad. MORNING BUSINESS least he hopes we can. I do also. We One, it should be noted that every The PRESIDING OFFICER. Under have to get it resolved. single Democratic Senator wants to see the previous order, the Senate will now We are not trying to avoid the gun a juvenile justice bill passed. The com- proceed to morning business for 60 min- issue. I think some are concerned how ments about pulling the bill down have utes, under the control of the Senator this bill, with its reforms of the enter- all come from the Republican side of from North Carolina, Mr. HELMS, for a tainment industry, will be received by the aisle, not from the Democratic side special order in memory of Adm. Bud their friends in Hollywood. That is of the aisle. Nance. something I think really bothers some As far as working on this, I am not The Senator from North Carolina is on the other side. It bothers me, too. sure to what the Senator is referring. I recognized. But we are doing some things that don’t know when I have spent so much f really are valuable, really viable, real- time on the phone, the computer and e- ly worthwhile, and really allow for vol- mails, and on a bill as I have this past TRIBUTE TO ADMIRAL BUD NANCE untary compliance and an approach weekend. Our staffs have worked late Mr. HELMS. Mr. President, let me that really will work in the best inter- into the night. We were given a wish take note that members of Adm. ests of the entertainment industry. list from the Republican staff, as was Nance’s family are in the family gal- Given the seriousness of this prob- appropriately done at the beginning of lery. While the rules prohibit my say- lem, and the number of warning signs the weekend. We worked on that all ing anything to them, I think they that future tragedies may be immi- weekend long, calling Senators all over know that our deepest sympathy goes nent—we are announcing them daily— the country on it. As of last night, we to them from us. we cannot afford to filibuster this bill had cleared 40 amendments. That is Mr. President, when I heard the through amendment. We should not progress. That is very significant sound of Dr. Elaine Sloand’s quiet play politics with this bill. Instead, we progress. voice on the other end of the line at should come together and pass this Now, the distinguished Senator from about 3:30 in the afternoon a week ago, bill. I am certainly hopeful that that is Utah said on the talk shows this week- I detected an unmistakable sadness in what we are going to get done either end that they need seven amendments it. I tried to brace myself for the bad today or tomorrow. on the Republican side. Four were in- news that had been expected for a day I think the majority leader has been troduced yesterday, but this morning or so. Dr. Sloand, a wonderful, great, more than accommodating on this. He there are suddenly 10. We have kind of kind and compassionate physician, had has indicated that he can only give so floating numbers here. But the facts done everything within her power to much time to this because there are so are such that we have been working save Bud Nance’s life. Many others at many other pending bills. The distin- and we have cleared a very large num- the National Institutes of Health had S5446 CONGRESSIONAL RECORD — SENATE May 18, 1999 also worked against the odds to save nights straight, Bud Nance sat up with ROB CHRISTENSEN: JESSE LOSES A BOYHOOD this great American, the remarkable that kitten, lovingly holding it in his FRIEND retired Naval officer who had fought in arms while, with a teaspoon, feeding a (By Rob Christensen) almost a dozen of the major battles of little bit of warm milk into that tiny They are breaking up Jesse Helms’ old World War II. little fluff of fur. Monroe High School Band. So, Mr. President, when I picked up But the kitten did survive. He named One by one, the members have been going to their reward. Gone is the oboe player, the phone and heard Dr. Sloand’s voice, that kitten Kate. She slept at the foot I knew that James Wilson Nance was Henry Hall Wilson, once chairman of the of Bud’s bed from then on. Chicago Board of Trade and a former U.S. gone. And he was. Mr. President, Dot and I visited Mary Senate candidate. Gone is the cornet player, As I sat at my desk in silence and Lyda Faulk and the wonderful Nance Skipper Bowles, a former gubernatorial can- alone, I recalled the poignancy of Adlai children that night following Bud’s de- didate and the father of former White House Stevenson years ago when he lost the parture earlier in the afternoon. While chief of staff Erskine Bowles. bid for the Presidency: ‘‘It hurts too And last week, the clarinet player, retired we sat in the living room chatting, in bad to smile and I’m too old to cry.’’ Rear Adm. James ‘‘Bud’’ Nance, passed A thousand memories crowded their strolled Kate. She checked each one of away. way into my consciousness as I sat the several of us, but she first went to Which left Helms, the tuba player, fielding there in those few quiet minutes. You Bud’s empty chair. I believe Kate knew condolence calls from the likes of President Clinton and Gov. Jim Hunt. Helms has lost see, Mr. President, Bud Nance and I that her great benefactor and her best friend was gone. his best remaining friend who isn’t named could not have been more than 4 or 5 Dot Helms. years old when we began playing to- Kate was such a lucky little kitten, It’s not just that Nance was Helms’ chief of gether as little boys. On one occasion, just as all the rest of us were lucky to staff on the Senate Foreign Relations Com- he had scarcely had time to get to his have known Bud Nance, to have mittee. Their relationship started in 1921 in home from my house a couple of blocks worked with him, to have had him as a the Union County town of Monroe, where away in our little hometown of Mon- true and faithful friend, a friend whom Jesse and Bud were born two blocks apart, roe, when he was back knocking at the we not only admired, but loved. two months apart. It was Jesse and Bud who used to go to The door. There he stood with his little I ask unanimous consent articles Strand to see Tom Mix westerns. It was hand thrust forward with a toy: about Admiral Nance be printed in the Jesse and Bud who put a ‘‘For Sale’’ sign on ‘‘Here,’’ he said, ‘‘this is yours; I took RECORD at the conclusion of my re- their high school lawn one Halloween. And it it home by mistake and I’m sorry.’’ marks. was Jesse and Bud who would slip behind the Just as the boy, Bud Nance, was There being no objection, the mate- school to sneak a cigarette. unfailingly and impeccably honest, so rial was ordered to be printed in the Jesse was proud of Bud’s Navy career—on the USS North Carolina during World War II, was Rear Adm. James W. Nance dec- RECORD, as follows: ades later when he skippered a series of where he endured 162 Japanese air and kami- [From the Charlotte Observer, May 14, 1999] kaze attacks; Navy test pilot along with U.S. warships, including the giant air- such pals as John Glenn and Alan Shepard; BUD NANCE, MONROE NATIVE WAS AN OFFICER craft carrier, the Forrestal, that had commander of an attack squadron, an air AND A GENTLEMAN more sailors aboard than there were wing and two ships—the USS Raleigh, an people in Bud Nance’s hometown and James ‘‘Bud’’ Nance, who died Tuesday at amphibious ship he skippered off the cost of mine. age 77, was a modest man with a wry, some- Vietnam, and the aircraft carrier USS For- During the past week, there has been times pointed sense of humor. When, at Jesse restal. an almost endless series of friends and Helms’ request, he came out of retirement to As Jesse liked to say, Bud was the Monroe admirers of Admiral Nance expressing direct Sen. Helms’ staff on the Foreign Rela- boy who amounted to something. tions Committee, he was confident enough to their sorrow and their admiration for I first met the admiral deep in the bowels allow staffers to talk to the press on the of the White House, where he was acting na- what I regard as a giant of a man fall- record on a wide range of issues. He offered tional security adviser to President Reagan. en. Needless to say, I have been deeply one caution, he recalled with a smile: that Among his hires were Iran-contra figures grateful to every one of those express- ‘‘If you leak something [secret] to the press, Oliver North and John Poindexter. ing their regrets and their comfort. and I find out about it, I’m going to kill ‘‘I’m the only guy who walked out of the Anybody who has known Bud Nance you.’’ place,’’ Nance would later say, laughing. did not merely like Bud Nance; it is a He grew up in Monroe, where he and the fu- Helms brought Nance out of retirement to far deeper and genuine feeling that so ture senator were playmates and members of become his chief aide on the Foreign Rela- many have held for him. In my case, the same band (Jesse on tuba, Bud on clari- tions staff. net). He graduated from the U.S. Naval Nance, a pretty conservative fellow him- nothing fits but the word ‘‘love’’. I self, cleaned house—ousting some staffers loved Bud Nance like a brother. In my Academy in 1944 and was assigned to the USS North Carolina, which survived attacks by who he thought were veering too far off into final conversation with him 9 days ago, more than 150 Japanese suicide bombers. right-wing conspiracy land. And he advised I told him so. His voice, weak and After the war, he became a Navy test pilot. Helms on a broad range of foreign and mili- raspy, but nonetheless unmistakably It was dangerous work—five of the 10 men in tary matters. Jesse trusted Bud completely. clear, replied, ‘‘I love you, too.’’ one of his test pilot units died in crashes. In recent months, Nance had suffered from Bud loved his family; oh, how he Later he commanded the aircraft carrier myelodysplasia, a blood disease that made loved them. We had often discussed, USS Forrestal, then worked for the Joint him unable to produce platelets. But just a down through the years, his and my Chiefs of Staff and for Gen. Alexander Haig, few days before his death, Nance was still showing up in his office at 7 a.m. good fortunes. He once commented who become President Reagan’s secretary of state. When Admiral Nance became deputy In the end, Jesse and Bud were friends about his dear wife, Mary Lyda, that it again in the Virginia suburbs of D.C.—hun- was she who did the hard part. He used assistant to Mr. Reagan’s national security adviser, the Washington Post said he was dreds of miles from where they started in to say, ‘‘I was away so much of the ‘‘among the most well-connected military of- life. time, and she was back home raising ficers in Washington.’’ Nance once remarked to his friend that our children and raising them right.’’ Helms had better not be the first to die. When Sen. Helms asked him to reshape the To which Helms quipped: ‘‘I’ll kill you if Mr. President, I could go on, but I Foreign Relations Committee staff, he ac- shall not, except for one final vignette, you do.’’ cepted pay only because the law required it— ‘‘I cannot describe the guy because he had which underscores the goodness and $2.96 a week, the congressional minimum. as much character as anyone I’ve ever tenderness of ‘‘The Admiral.’’ After automatic raises bumped it to $4.53, known,’’ Helms said last week. ‘‘He was Some years ago, on a cold and wintry Sen. Helms observed. ‘‘Bud’s worth every thoughtful. He cared about people. He loved night, a kitten was abandoned at Bud’s penny.’’ this country.’’ and Mary Lyda’s front door. It was Bud Nance was an officer, a gentleman and doubtful that the kitten—cold, shiv- an American hero. When he took the Foreign [From the Washington Times, May 12, 1999] Relations post, he said, ‘‘The only thing I’m ering and wet—would survive, but Bud JAMES NANCE, ADMIRAL, HELMS AIDE, DIES AT here for is to do a good job for the United 77 and Mary Lyda produced hot water States, and to make sure Jesse gets a square bottles and a tiny bed for that little deal.’’ His nation, and his old friend, will at- (By Robert Stacy McCain) kitten who was too fragile and too test that, as always, he accomplished his James W. ‘‘Bud’’ Nance of McLean, a re- young to handle solid food. For 2 or 3 goals. tired Navy rear admiral and staff director of May 18, 1999 CONGRESSIONAL RECORD — SENATE S5447 the Senate Foreign Relations Committee, But in an interview last month, Helms [From the Washington Post, May 13, 1999] died yesterday. He was 77. praised the fact that despite his illness, ADM. JAMES ‘‘BUD’’ NANCE DIES; CHIEF OF The committee issued a statement saying Nance beat ‘‘everyone else to work,’’ often STAFF FOR SENATE PANEL—INFLUENCED Adm. Nance died from complications of a un- arriving at the office by 7 a.m. COMMITTEE CHAIRMAN JESSE HELMS Senators who worked closely with Nance disclosed illness. (By Louie Estrada) Adm. Nance was a boyhood friend of the said he was a thoughtful man and a tough Foreign Relations Committee’s chairman, staff director. James Wilson ‘‘Bud’’ Nance, 77, a retired Sen. Jesse Helms, North Carolina Repub- ‘‘I trusted him completely,’’ said Foreign Navy rear admiral and former White House lican. Mr. Helms had no public statement Relations ranking member Joe Biden (D– national security affairs adviser who as the yesterday but the committee spokesman, Del.) in an interview this week. ‘‘I cared a Senate Foreign Relations Committee’s chief Marc Thiessen, said Adm. Nance ‘‘was so be- lot about the guy personally.’’ of staff was regarded as a pragmatic influ- loved by so many.’’ Biden added that both he and Helms bene- ence on his childhood friend, Sen. Jesse Adm. Nance graduated from the U.S. Naval fited from Nance’s long experience with mili- Helms (R-N.C.), died of complications from a Academy at Annapolis in 1944. He served as tary affairs. preliminary form of leukemia May 11 at the an aviator in World War II, Korea and Viet- ‘‘He knew the complexities of all this National Institutes of Health. nam, earning two Distinguished Service stuff,’’ said Biden. ‘‘I never had any doubt I Adm. Nance, a graduate of the U.S. Naval Medals. He rose to command of the aircraft could confide in him.’’ Academy and former naval aviator and test carrier USS Forrestal. ‘‘He was a gentleman,’’ said Hagel. ‘‘He was pilot, was a self-described conservative Re- Later he served as assistant national secu- such a complete person. People had tremen- publican who reportedly advised Helms, the rity adviser to President Reagan and joined dous confidence in him, partly because they committee’s chairman, to tone down his Mr. Helms’ staff in October 1991. liked him and partly because they trusted sometimes fiery rhetoric and confronta- Mr. Helms, the ranking Republican mem- him.’’ tional approach when tackling issues. Sen. Christopher Dodd (D–Conn.), a mem- ber of the Foreign Relations Committee at Their close relationship was based on a ber of Foreign Relations, said of Nance, that time, was having problems with his 19- mutual trust that stemmed from their days ‘‘This is just one of the finest people I’ve met member staff and asked Adm. Nance—who growing up in their native Monroe, N.C. Over in my 18 years in the Senate.’’ the years since they played in the same ele- had retired to Virginia—to take charge. Dodd also spoke of Nance’s steady had in ‘‘I was home having a real good time,’’ mentary school band, they periodically kept dealing with the committee’s younger staff- Adm. Nance told a columnist in 1992. ‘‘Jesse in touch. Although the two shared similar ers. called and said, ‘Come on up and help me get political philosophies, Adm. Nance was con- ‘‘He was a wonderful, tempering influence sidered Helms’s opposite in many aspects, control of this zoo.’ ’’ on the young staff,’’ said Dodd. ‘‘I know this Within three months, nine committee coming across as a more courtly hard-nosed is a loss for Senator Helms. I think it’s a real figure with an easy laugh and a loathing of staffers were dismissed. loss for the Senate as well.’’ As a condition of his own employment, the limelight. Nance was particularly close to Helms, He did have critics. A POW group called on Adm. Nance asked that he not be paid, but who brought Nance on board in November Mr. Helms pointed out that federal law re- Helms to fire Adm. Nance because of what 1991 to head up the panel’s GOP staff. Nance they said was the committee’s lack of atten- quired that Senate staffers be paid a min- and Helms were boyhood friends in Monroe, imum of $153 a year. tion to their cause. Still, he was seen as an N.C. affable father figure in Washington’s cor- ‘‘Nobody can ever say Jesse gave his old Nance joined the committee at a time buddy a job,’’ Adm. Nance said. ridors, where colleagues referred to him sim- when its staff was in disarray, and three ply as ‘‘the admiral.’’ When Republicans took control of Congress months after taking the post, Nance fired after the 1994 elections, the GOP pushed At Helms urging, Adm. Nance, who had an nine top aides. illustrious 38-year career in the Navy, joined through a law requiring Congress to abide by ‘‘I felt we had too much overhead and not the committee in 1991 to help improve the the employment laws that applied to U.S. enough operators,’’ Nance told Roll Call in minority staff’s efficiency. Saying the gov- businesses. Along with a minimum wage in- 1992. ‘‘It was difficult for me to see exactly ernment already had done plenty for him, crease passed in 1996, that bumped Adm. who was doing what.’’ Nance’s pay to $204 a week. When he first came on, Nance refused to Adm. Nance accepted the job on the condi- Adm. Nance brought a caustic sense of take a salary. Since federal law required tion that he would work for free. But, as it turned out, laboring without a humor to his Senate job. Shortly after he that Senate staffers receive at least $153 per salary was not an option under Senate rules. joined Mr. Helms’ staff, Adm. Nance was year, Nance accepted that, and after the He was paid Congress’s then minimum of questioning the benefits lavished on U.S. am- minimum wage was increased, his pay $2.96 a week. Later, two cost-of-living pay in- bassadors, including hardship pay. jumped to $204 per week. ‘‘I fought at Iwo Jima,’’ he said. ‘‘That’s Nance, who entered the Navy as a mid- creases bumped his weekly salary to $4.53. hardship.’’ shipman in 1941 and retired 38 years later as Still, he wasted little time with the task put ‘‘He’s like a father figure to his staff,’’ one a rear admiral, saw active duty in World War before him, overhauling the staff by releas- of Mr. Helms’ assistants said of Adm. Nance II, Korea and Vietnam. Nance said that dur- ing deadwood and malcontents, hiring whiz in 1993. ‘‘You just can’t put a price on that ing his service in World War II, he endured kids and shifting old-timers around. kind of wisdom.’’ 162 Japanese air and kamikaze attacks. After the Republicans swept into the ma- Adm. Nance is survived by his wife of 42 Over the course of his Navy tenure, Nance jority in the 1994 mid-term elections, Adm. years, Mary Lyda, and four children. commanded an attack squadron, an air wing Nance was placed in charge of the transition and two ships—the USS Raleigh and the USS on the Foreign Relations Committee and [From the Roll Call, May 13, 1999] Forrestal. His military background had a predicted that Senate members would play a larger role in foreign policy hot spots. He SENATORS FONDLY REMEMBER ‘BUD’ NANCE profound effect on the way he carried himself was coming into the office as recently as last (By Ben Pershing) and on the way he handled the committee’s staff. week, showing up as he did every day at 7 Sen. Chuck Hagel (R-Neb.) has a story he ‘‘When you manage an aircraft carrier, you a.m. and returning to his home in McLean in likes to tell about James ‘‘Bud’’ Nance, the are managing a small city at sea,’’ said the evening. retired Navy rear admiral and Senate For- Hagel. ‘‘It matures one rather quickly.’’ Adm. Nance was no stranger to the com- eign Relations Committee staff director who Nance was born Aug. 1921, in Monroe. He mittee’s workings, having served as a con- died Monday. entered the U.S. Naval Academy in 1941 and sultant to the committee during the SALT II Hagel remembers a Foreign Relations spent three years there, earning a bachelor’s deliberations. In 1981, he joined the White meeting where one Senator was droning on degree in 1944. He later spent time at both House as President Ronald Reagan’s deputy and on, ‘‘enjoying his own eloquence.’’ the Naval War College and the National War assistant for national security affairs, and ‘‘After a while,’’ Hagel recalled yesterday, College, and in 1965 he received a master’s in for a brief time, he was acting chief special ‘‘Bud leaned over and whispered in my ear, international relations from George Wash- assistant for national security affairs, tem- ‘Senator, remember, you don’t have to be ington University. porarily replacing Richard V. Allen. eternal to be immortal.’ He said it with that After leaving the military in 1979, Nance As a young man, he attended what is now twinkle in his eye and then he winked at went on to work as assistant national secu- North Carolina State University and grad- me.’’ rity adviser during the Reagan administra- uated from the Naval Academy in 1944. He The exact cause of death for Nance was not tion. He then joined the privates sector, was assigned to the battleship USS North disclosed, although he told Roll Call last working for several years as head of naval Carolina and served there throughout the re- month that he was suffering from systems for Boeing Co. Nance had retired to mainder of World War II. myelodysplasia, a blood disease that ren- Virginia when Helms asked him to come to After the war, he underwent flight training dered him unable to produce platelets. He the Hill. and served as a flight instructor at the Naval was 77. Nance is survived by his wife of 42 years, Air Basic Training Command of the Naval Foreign Relations Chairman Jesse Helms Mary, four children and seven grandchildren. Air Station in Pensacola, Fla. He was as- (R–N.C.), who grew up three blocks from A Senate GOP source said Helms will try signed to exchange duty with the British Nance, had not released a statement on his next week to clear some time on the Senate Royal Navy in the mid-1950s and was a life-long friend by press time yesterday. floor for Members to pay tribute to Nance. project pilot with the Flight Test Division at S5448 CONGRESSIONAL RECORD — SENATE May 18, 1999 the Naval Air Test Center in Patuxent River. quests. Once, when questioning the benefits II deliberations and on President Ronald In the latter assignment, he test-landed air- given to ambassadors abroad, including hard- Reagan’s transition team. With Reagan’s in- craft on carriers. ship pay at some posts, Admiral Nance said: auguration, Nance was appointed Deputy As- Before his military retirement in 1979, he ‘‘I fought at Iwo Jima. That’s hardship.’’ sistant to the President for National Secu- served as the senior naval officer on the staff He had many Navy decorations, including rity Affairs. of the commander of U.S. forces in Europe two Distinguished Service Medals and the He worked in the Reagan administration when Alexander Haig held the combined job Legion of Merit. until 1983, then became a consultant for Boe- of U.S. and NATO commander. He also held After his Navy service, Admiral Nance ing. After retiring again, Nance was per- strategic and planning posts in the Pentagon served for two years on the White House suaded by Helms to join the staff of the Sen- and was commander of the aircraft carrier staff of President Ronald Reagan and later ate Foreign Relations Committee. Forrestal. worked for Boeing in its naval systems de- ‘‘If a ship runs aground it’s the captain’s His military honors included two Distin- partment. fault, and the ship had run aground,’’ Nance guished Service Medals and the Legion of Besides the Naval Academy, he graduated said in explaining some reshuffling at the Merit. from the Naval War College and the National time. He received a master’s degree in inter- War College, and received a master’s degree Nance had asked that he be paid only $1 be- national relations from George Washington in international relations from George Wash- cause his government retirement benefits al- University and attended the U.S. Naval War ington University. ready were enough. But Nance had to receive College and the U.S. National War College. Admiral Nance, who was known as Bud to Congress’ minimum of $2.96 per week. After In the 1980s, he worked for Boeing Military his friends, is survived by his wife of 51 two cost-of-living increases, Nance was Airplane Co., where he was manager of Navy years, the former Mary Lyda Faulk; two forced to take $4.53 per week. systems. sons, James Lee Nance of Richmond and An- ‘‘Bud’s worth every penny,’’ Helms said Survivors include his wife, the former drew Monroe Nance of McLean; two daugh- when he took his salary hike. Mary Lyda Faulk of McLean; four children, ters, Mary Catherine Worth of Atlanta and Nance had been receiving platelet trans- James Lee Nance of Richmond, Mary Cath- Susan Elizabeth Nance of McLean, and seven fusions twice a week at the National Insti- erine Worth of Atlanta and Andrew Monroe grandchildren. tutes of Health. Nance said last month he Nance and Susan Elizabeth Nance, both of When Admiral Nance agreed to go to work had switched to an electric shaver on doc- McLean; and seven grandchildren. for Senate Helms. The Washington Times re- tors’ orders and had to be very careful in ported in an obituary on Wednesday, he handling sharp objects. [From the New York Times, May 15, 1999] asked that he not be paid, but the Senator Helms said he last spoke to his old friend REAR ADM. JAMES NANCE, 77, INFLUENTIAL pointed out that a Federal law required that in the hospital on Sunday. They joked about AIDE TO JESSE HELMS Senate staff members be paid a minimum of old times, Helms said. After Nance died, Helms said, a Capitol po- (By Irvin Molotsky) $153 a year. Once he went to work for the $153. Admiral lice officer stopped to tell Helms how Nance WASHINGTON, May 14—James W. Nance, a Nance said, ‘‘Nobody can ever say Jesse gave had rolled down his window every day to retired Navy rear admiral who took on a his old buddy a job.’’ shake his hand. late-career job as the chief aide to his old Senator Helms, noting that his friend’s pay Said Helms, ‘‘I loved Bud. I shall miss him boyhood friend Senator Jesse Helms of North came out of $2.94 a week, said, ‘‘Bud’s worth dearly.’’ Carolina, died on Tuesday at the National every penny.’’ Nance is survived by his wife, Mary; four Institute of Health in Bethesda, MD. He was children, James Lee Nance, Mary Catherine 77 and lived in McLean, VA. Worth, Andrew Monroe Nance, and Susan BLOOD DISEASE KILLS ‘‘BUD’’ NANCE; RETIRED Marc A. Thiessen, the spokesman for the Elizabeth Nance; and seven grandchildren. ADMIRAL, ADVISER FROM MONROE WAS Senate Foreign Relations Committee, where In lieu of flowers, the family suggests con- LIFELONG FRIEND OF SENATOR Admiral Nance was staff director, said the tributions be made to the NIH Patient Emer- cause was complications of myelodysplasia, (By Norman Gomlak) gency Fund, 10 Center Drive, Room 1N252, a pre-leukemia condition. MONROE.—The way U.S. Sen. Jesse Helms Bethesda, MD 20892. On Capital Hill, Admiral Nance was known saw it, you could’t find a better friend or a The PRESIDING OFFICER. The Sen- for having brought order to the committee’s more trusted adviser than James ‘‘Bud’’ ator from Delaware. Republican staff, which Senator Helms, the Nance. senior Republican, and others on the panel The friendship between Helms and Nance Mr. BIDEN. Mr. President, I have had found disorganized and riven by ideolog- spanned seven decades, from their days in served since January of 1973 with the ical differences. the band of the old Monroe High School to chairman of the Foreign Relations ‘‘When I came over here, I couldn’t under- the corridors of Capitol Hill. Committee. We have been on opposite stand the organization,’’ Admiral Nance said Wednesday, Helms and others mourned the sides of a lot of issues, occasionally on in a 1992 interview with The National Jour- death of Nance, 77, a retired Navy admiral the same side. I have seen and listened nal after agreeing to come out of retirement who was chief of staff of the Senate Foreign to and been on the opposite end of a year earlier to help his old friend. ‘‘It was Relations that Helms chairs. Nance also had some very powerful and difficult a zoo to me. My military mind has got to served in the Nixon and Regan administra- have all the men and women in line.’’ tions. speeches he has made. But I am pre- Admiral Nance’s role was important then, ‘‘I don’t know of anybody . . . that had as sumptuous enough, know him well when Senator Helms was the committee’s much effect on the country or that had any enough to say until now he has never ranking minority member, and it became higher principles than Bud Nance,’’ Helms had a more difficult time making a more important later, when, after the 1994 said in an interview Wednesday evening. speech than today. elections, the Republicans took control of Helms said Nance, who died Tuesday, suf- There is a reason for that, to state the Senate and Mr. Helms became chairman. fered from a blood disease that prevents suf- the obvious. There is an old expression: Before Admiral Nance was brought in, The ferers from producing platelets. Without You can know a man by his enemies. I National Journal said in its 1992 article, platelets, a person cannot stop bleeding once there had been a movement among the com- cut. suggest you can judge a man by his mittee’s Republicans to remove Mr. Helms as Funeral services for Nance will be held at friends. Anybody who had a man of the their leader because of the minority staff’s 9 a.m. Wednesday at Lewinsville Pres- stature of Admiral Nance love him as disarray. byterian Church in McLean, VA. He will be much as Admiral Nance loved this guy, Mr. Helms accepted Admiral Vance’s rec- buried with full military honors at Arlington means there is something awful, awful, ommendations that eight members of the National Cemetary at 11 a.m. Wednesday. awful, awful good about the Senator staff be fired, and although there was an Helms and Nance were born two blocks and from North Carolina. angry reaction at first, Republican leaders two months apart in Monroe in 1921. At Mon- I am not doing that really to be solic- later said the Vance replacements had roe High school, they played together in a brought order to the panel. school band organized by the principal, Ray itous. I truly mean that and I believe Admiral Nance was born in Monroe, N.C., House. that. The irony of all ironies, as I told where he and Mr. Helms grew up two blocks Nance played clarinet; Helms played tuba. the chairman, on the Friday before Bud from each other. He graduated from the Two years ago, Helms and Nance returned died, the chairman asked him whether United States Naval Academy in 1944 and to their hometown to attend House’s funeral. or not he could come down to my office went on to serve as a naval aviator in World After attending N.C. State College in Ra- to see if we could work out—and we War II, the Korean War and the Vietnam leigh, Nance enrolled at the Naval Academy did, by the way—work out some legis- War. By the time he retired from the Navy in in 1941 and eventually commanded an air- lative language and discuss a nominee. 1979, he had held several commands, includ- craft carrier. He rose to senior command po- ing that of the aircraft carrier Forrestal. sitions in aircraft carrier operations before We sat there with staff—his staff and He became a humorous if caustic reflection retiring as a rear admiral in 1979. mine. Afterwards, the staff left and Ad- of the dour Senator Helms, who seems to Nance served as a consultant to the Senate miral Nance and I sat there for the bet- enjoy saying no to State Department re- Foreign Relations Committee during SALT ter part of 45 minutes, basically asking May 18, 1999 CONGRESSIONAL RECORD — SENATE S5449 him questions and him telling me sto- I remember two Fridays ago talking had long-since retired and he was 70 ries. to him and him saying—I hope no one years old—a time when most people They were all about JESSE HELMS, his is offended by my saying this—the rea- would choose to take it easy, spend buddy. They are all about the guy he son why we haven’t in the committee time with their wives, their children grew up with and loved. I suspect, one taken the administration to task on and their grandchildren—Bud Nance of the few men or women, other than some of the NATO questions is I know answered the call of his friend, JESSE Mrs. Helms, who has ever been able to how hard it is to get consensus in HELMS, and he came to work for the tell the chairman: Enough, JESSE; slow NATO. I sat there. I was in charge of Foreign Relations Committee. He did down, JESSE; no, JESSE. Senator planning. I know how difficult it is. so not out of a desire for power or HELMS, I don’t think in all the time I He also knew how easy it would have money, to state the obvious. In fact, he have known him, has ever respected been for the committee, under the received only a nominal salary, which anybody as much as he respected Ad- chairmanship of the Senator from at one point, as he enjoyed putting it, miral Nance. North Carolina, to demagog the living amounted to a few dollars per week. It was a wonder to behold, I think my devil out of the targeting questions and That is literally true, by the way—lit- Democratic colleagues would agree whether or not the French and the Ger- erally true. Because of this law we with me, to watch this relationship. It mans and the Brits—he said until you have about double dipping, literally he was almost, I say to my friend from are there and have to get 15 other na- worked for pennies here—full time, 60 North Carolina, like you had an older tions to agree on something, you have hours, 70 hours a week. He worked lit- brother, a brother who loved you and no notion how difficult it is. erally for nothing. guided you and occasionally, like all of To steal a phrase from the chairman, Rather than the dollars, he enjoyed us do when you sort of get off and you this is one little vignette that illus- the work—because of his powerful were going too far or not far enough, trates how, even though he had serious sense of duty to his country and its would whisper in your ear, would put disagreement with the policy of the people and his powerful and palpable his hand on you—I watched him put his President of the United States, he be- loyalty to the chairman of the Foreign hand on your shoulder. It was like he lieved it wasn’t fair play—my trans- Relations Committee. didn’t have to say anything to you. So lation, not his; mine—to take advan- In the last several months, as he all Members on this floor and all Mem- tage of something, that the people struggled with illness—and I might bers watched in wonder and with a wouldn’t understand how complicated point out, for the last year anybody sense of envy the relationship the Sen- it was, but he understood that it was else would have quit. Anybody else ator had with Admiral Nance, and we complicated. It was just simply not fair would have walked away and everyone have an appreciation for how difficult a game to take advantage of it, in addi- would have said: God bless him. We un- moment this is for you. tion to the fact he always thought of derstand. We respect you for your ability to the people who were jumping in the Here is a guy whose hands were lit- pull it off with the grace that you have cockpits of those planes. He always erally beat up because of the trans- fusions, because of the IVs, because of thus far. thought of the people who were over all of the painful way they had to go to Mr. President, I have only on a cou- there putting their lives on the line. ple occasions in 27 years come to the That came from 35 years of experi- get blood. They could not get it out of floor to pay a tribute to a staff mem- ence. It wasn’t merely because he was his veins anymore. They had to go into ber. We have had great, great, great, a good, honorable and decent man his hands and his feet. He came in great staff members who have guided which you will hear more about, be- black and blue—black and blue, barely us all. I think the best kept secret from cause he was. You can ask any of my able to walk. I would say: Bud, what in the heck are you doing here? He’d say: the American people is the incredible colleagues, and I suspect my Demo- We have to get this done. No problem. quality, patriotism, capacity, edu- cratic colleagues will say the same. All I never, never, never heard him com- cational achievement, and personal Bud Nance had to do with me is say plain. I never watched him even wince commitment of the staffs that sit back that this is what we are going to do, knowingly. This is a guy who literally in these chairs behind that rail. It is a and I can absolutely, positively trust it dragged himself in and out of the hos- trite thing to say, but the Nation could as certain, as certain as if my closest pital to show up for work. Instead of not run without them. staff aide said that to me. staying at home, getting the care he I know of no staff member who was The magic of Bud Nance was he made needed in the hospital, he kept the the peer to this fellow, Bud Nance. The each of us feel like he was our staff, staff and all of us focused on the task Senate family and the Nation—it like he was looking out for our inter- at hand. sounds like hyperbole—suffered a loss est. I knew without any question that In my 21⁄2 years as ranking member of when Admiral Nance passed away. if he said something to me, even if the committee, I came to know Bud Since 1971, Admiral Nance has been the there was a miscommunication be- even better than I did the previous staff director of the Committee on For- tween the chairman and Bud Nance, years, both as a professional colleague, eign Relations, serving first as the mi- the chairman would never undercut and, I am presumptuous to say, and nority staff director, and then as the Bud Nance, either that whatever Bud this is presumptuous—as a friend. staff director for the minority under Nance said was going to happen. I was kidding with the chairman the the chairman and senior Senator of You have no—yes, you do, Mr. Presi- other day. I said: You know, JESSE, my North Carolina, Mr. JESSE HELMS. dent. I was going to say you have no mom has an expression. Working in the Senate was some- idea. You do have an idea. Anyone who I will not mention the little girl’s thing of a second career for Admiral serves here has an idea what an incred- name, but I remember as a kid I got Nance. Prior to coming to the Senate, ible, incredible asset that is. If we were picked up second on the bus on a long Admiral Nance spent 35 years in the able to do that, if we had that kind of bus ride to school, about a 35-minute U.S. Navy. A pilot by training, Admiral faith in each other’s staffs, this place ride. Every morning, a little girl who Nance rose to hold several senior com- would move so much more smoothly was not very popular and wasn’t very mand positions on aircraft carriers, in- than it does because so much is nec- attractive, every morning would get on cluding command, as mentioned ear- essarily propelled by staff. the bus. It would be empty and she lier, of the U.S.S. Forrestal and senior During the 1980s, Admiral Nance would sit next to me. Then everyone commands in the Pentagon. He retired served as deputy assistant to President else would fill up the bus by the end. in 1979 with the rank of rear admiral. I Reagan for national security affairs, I would get home and I would say to might note, parenthetically, one of the and in private business with the Boeing my mother: Mom, every morning—I great, great, great, great advantages of Corporation. In 1991, his boyhood will not mention her real name; it was having Bud Nance, with the ideological friend, JESSE HELMS, as the chairman not Sally—Sally gets on the bus and divisions that exist in matters relating has indicated, who grew up in the small sits next to me. All the guys make fun to foreign policy, was that you always town of Monroe, NC, called Bud Nance of me. The girls even make fun of me— knew you would get down to the final to serve his country once again. Al- because Sally was not a particularly question of how it worked. though at the time he got the call he popular little girl. S5450 CONGRESSIONAL RECORD — SENATE May 18, 1999 I will never forget what my mother He had that great ability, as the old This is a man who reached the said. My mother said: JOEY, remember saying goes, to see the forest for the heights in the military and, in my one thing. Anybody who loves you, trees. We get lost in the forest. We opinion, reached the heights in the there is only one thing you can do. start numbering the trees. He could Senate as well. When he came on the Love them back. stand back. He would stand back and staff, the staff was reported to be hav- It is real simple. I was kidding the he would say, Look at the whole pic- ing difficulties, and he brought them chairman the other day. I know Bud ture. together, coordinated them, unified Nance loved me because he knew how As I said, I will end where I began. I them, and I think both the minority much I thought of him. He didn’t have have a sense of envy that you, Senator and the majority staffs have worked a choice. He may not have wanted to, HELMS, had the relationship you had. well ever since. It took a true leader to but it was in his nature. He couldn’t re- My dad’s expression is: At the end of do that. turn the affection. So, although I do your days, if you can count one person It took a true leader in Senator not have one one-hundredth of the his- who you can call a true friend, you are HELMS to pick Admiral Nance, and I tory or the relationship that the chair- a lucky man. know he feels highly privileged to have man had with Bud Nance and it seems You are one of the luckiest men that worked with his friend, his colleague, presumptuous for me to call him a I know, Senator. You have had a guy and somebody who advised him in the friend in the shadow of his closest who everyone is honoring, honoring best of ways and advised all of us in the friend in life, I want you to know, Mr. you. best of ways. Chairman, that a lot of us—and you Our profound sympathy and our pray- I express my sympathy to his wife will hear from more—a lot of us took ers go out to his loving wife of 53 years. and his family and tell them that they great personal pride in believing that I don’t know Mary, but I know of her. should be very proud of him, not just Bud Nance liked us. The mere fact that I have heard her name invoked a thou- for the tremendous years of serving Bud Nance liked us in part validated sand times. To Bud’s four children and this country, as he did in the military, what we did here. That is a remarkable his seven grandchildren, to use my as a husband and as a father, but for thing, Mr. Chairman. That is a remark- grandpop’s expression, I say: You got these years on Capitol Hill. It made a able thing to say about any individual. good blood. You got good blood. I am difference to the country, to the world His word was his bond in a literal telling you, remember where you came at large, and to all of us. I thank Sen- from. This guy—your grandfather, your sense. Although he worked for a darned ator HELMS for having given us the op- father—was the real thing. The real Republican, Bud Nance was far from portunity to know him better. partisan. I always wanted to ask him— thing. I yield the floor. I yield the floor. and I never did, JESSE—about back in The PRESIDING OFFICER. The Sen- The PRESIDING OFFICER (Mr. the days when you were a Democrat, I ator from Utah. ENZI). The Chair recognizes the Sen- suspect he was, too, back in those days. Mr. HATCH. Mr. President, I will not ator from Maryland. I kind of harbored the illusion in my even try to match the eloquence of my Mr. SARBANES. Mr. President, last soul a little bit that maybe—maybe he esteemed colleague from Delaware. But week the Senate lost one of its most still was. I knew he wasn’t, but maybe I would like to just say a few words able and committed staffers; the coun- he still was. about my friend, Adm. Bud Nance, and try lost a brave public servant, a true Mr. HELMS. No. my friend, Senator HELMS, as well. I patriot. Beyond that, with the passing Mr. BIDEN. I always want to say will not be long because I see other of Adm. James W. ‘‘Bud’’ Nance, many Bud, Bud—they are all laughing, all members of the Foreign Relations of us have lost a good friend. the Republican staffers. But I would Committee who are here to speak. I want to touch for just a moment on get back in the subway car and I would I didn’t have the privilege of serving his Maryland connections. Admiral head over here and I would say: You on the Foreign Relations Committee at Nance graduated from the Naval Acad- know, maybe . . . maybe. the same time with Bud Nance. But I emy in Annapolis in 1944, then went off I want to tell you, he was well liked knew him. I respected him. On a Cap- to serve in our Navy in World War II. by every Senator, every staff person. itol Hill that is completely covered He in fact served in World War II, in The guy who is the minority staff di- with more youthful staffers, staffers the Korean war, and in the Vietnam rector, Ed Hall, who is sitting in the who are very young in many ways, not war. back, considered him a close friend. It quite as experienced, Bud Nance stood In the mid-1950s, he was a project was remarkable to watch their rela- out as one of the most senior. He did pilot for the flight test division of the tionship, watch how they dealt with not have to be here. He probably could Naval Air Test Center in Patuxent one another. I haven’t found anybody have enjoyed the remaining years of River, MD, in St. Mary’s County, the who was better liked, more respected, his life much more by not being here. mother county of our State. I simply more fair, or more knowledgeable than But he came to serve side by side with say we were honored to have had his Bud Nance—of all the people with his friend from his youth, Senator presence in our State for an extended whom I have worked. Above all, Bud JESSE HELMS, one of the greatest Sen- period on those two occasions. Nance was—and this is not said lightly; ators who has ever sat in the Senate. Here in the Senate, an institution I don’t often use the word—Bud Nance Admiral Nance was one of the great- sometimes marked by acrimony and di- was a genuine patriot. est people who ever served on the Sen- visiveness, Bud Nance displayed a At all times, he would focus on the ate staff, and he did it at a time when warmth and generosity of spirit. He central question. We would get in- we had a lot of conflicts and difficul- was able to work constructively with volved and we would be arguing, we ties and problems in foreign relations, those on both sides of the aisle to en- would be talking, and Bud Nance al- and he did it with intelligence, with a hance our Nation’s interests. That was ways, always brought us back to the mastery that was important, with an always first and foremost in Bud’s central question: Is this in the interest ability to get along with people and to mind—what served the interest of our of the country? Is this in the interest work with both minority and majority great country. of the country? Because, as we Sen- staffs. Each time I had occasion to work ators know, we can get carried away. This man is a true hero to me and with him, Bud listened to my concerns We believe in what we are doing, but true hero for our country, just the type and responded promptly and fairly. we get invested in what we are doing. of person we ought to all try to emu- Others had the same experience. He We get invested in our position. Some- late, somebody who really loved his fought hard for the principles in which times, although we don’t consciously country enough to give his last for the he believed, but always in a manner do it, in my opinion, we get so wrapped country. I believe he loved his country that commanded respect and admira- up in winning our point that it takes so much because of his family and be- tion. somebody like Bud Nance to say—and I cause of his understanding of what a As the chairman of our committee know he has said it to JESSE; he has great country this is and what a great has indicated, his lifetime friend made said it to me—whoa, wait a minute, constitutional form of government we an invaluable contribution to our Na- wait a minute. Hold up here. have. tion’s policies. May 18, 1999 CONGRESSIONAL RECORD — SENATE S5451 I was particularly moved by the way length, with a 53-foot beam, and was rated at sioned the ship. After all work was done, the Admiral Nance dealt with his illness. 2,633 tons. She carried 74 guns—32 pounders ship cost the taxpayers $76,885,750. Today, Having had an illustrious 35-year ca- and 42 pounders. She was active until 1839, the sum would be vastly greater. After commissioning, the North Carolina reer in the Navy, he knew how to sur- when she was converted to a receiving ship. She was sold for scrap on October 1, 1867 for had an unusually extensive shakedown, last- mount the gravest challenges and how $30,000. The original figurehead of the ship, a ing several months. During this long ‘‘shake- to maintain strong leadership through- bust of Sir Walter Raleigh was given to the down’’ period, the North Carolina returned out. He demonstrated that once again state of North Carolina in 1909. often to her building yard for adjustments by showing up for work every day with THE CONFEDERATE NORTH CAROLINA—1863–9/27/ and modifications. During this time, New a smile and a vitality that masked 1864 Yorkers, and in particular radio commen- tator Walter Winchell often witnessed the whatever pain and discomfort he may During the Civil War the Confederate great new ‘‘battlewagon’’ entering and de- have felt. Every day he reported for States Navy had an iron-clad sloop named parting the harbor, and began to call her North Carolina. She was 150 feet long, with a duty. Rather than complaining about ‘‘The Showboat’’, after the colorful river 32-foot beam, and carried four guns. She was his own situation, he showed a genuine steamer in a popular Broadway musical. The built in Wilmington, North Carolina, and be- interest in the health and well-being of name has stuck ever since. those around him, and the other staff cause she was structurally weak, never crossed the bar out of the Cape Fear River. ASIATIC-PACIFIC CAMPAIGNS—WAR RECORD members of the committee will recount The ship was active from late 1863 until Sep- POST-SERVICE, 9/1945–6/27/1947 his unfailing courtesies towards each tember 27, 1864 when she developed leaks and On September 5, 1945 the North Carolina fi- and every one of them. sank. nally anchored in Tokyo Bay to pick up a I join my colleagues in offering my THE SECOND NORTH CAROLINA—3/21/1906–9/29/1930 group of about 100 men who had been trans- ferred from her August 20th, to help with the deepest condolences to Bud’s wife of 53 The second U.S. Navy ship to bear the initial occupation at the Yokosuka Naval years, Mary Lyda, and to his four chil- name was an armored cruiser, number 12, Base, near Tokyo. dren and seven grandchildren. The Sen- built by the Newport News Shipbuilding & On September 6, the ship headed for home ate Foreign Relations Committee and Dry-dock Company in Newport News, Vir- via Okinawa (to take on passengers), Hawaii the Senate itself were fortunate to ginia. The keel was laid March 21, 1905, she and the Panama Canal. On October 17, the have had the benefit of his dedicated was launched on October 5, 1906, and was ship arrived in Boston harbor for a hero’s service over the past 8 years. He will be commissioned on May 7, 1908. She was 504 welcome. feet 6 inches in length, with a 72 foot 11 inch Due to post-war disarmament, the battle- remembered fondly, not only for his beam. She displaced 14,500 tons, and had a lifetime of service to this country—ci- ship’s remaining active service was short. In top speed of 22 knots. the summer of 1946 she twice visited the vilian as well as military—but also for On November 5, 1915 she was the first ship Naval Academy at Annapolis to embark mid- his integrity, courage, and grace. in the world to launch an airplane with a shipmen for training cruises in the Carib- Mr. President, I yield the floor. catapult while underway. bean. In October of that year she returned to Mr. HELMS. Mr. President, I am not On June 7, 1920, her name was changed to the place of her birth, the New York Navy sure I can adequately thank the Sen- Charlotte to make way for the new super Yard for inactivation. She was decommis- ators for their comments. They know I battleship, number 52. As Charlotte she was sioned June 27, 1947, and placed in the decommissioned on February 18, 1921. Her ‘‘mothballed’’ Reserve Fleet at Bayonne, appreciate them. We are trying to go name was struck from the Navy list on July from one side to the other, and I ask New Jersey, where she remained in obscurity 15, 1930, and she was sold for scrap on Sep- for the next 14 years. the Chair to recognize the distin- tember 29, 1930. In 1960 the Navy announced its intention to guished Senator from Virginia. BATTLESHIP NUMBER 52 scrap the famous battleship, and two famous The PRESIDING OFFICER. The Laid down in 1919, battleship number 52 natives of North Carolina, Hugh Morton and Chair recognizes the Senator from Vir- was to have been called the North Carolina. James S. Craig, Jr., with the endorsement of ginia. This ship was to have been a monster for then Governor Luther Hodges began a cam- Mr. WARNER. Mr. President, I rise that era, with a displacement of 43,200 tons, paign to bring the ship to North Carolina and to join our colleagues in the Senate to a length of 624 feet, a beam of 105 feet, and a preserve her as a war memorial. provide this record of our recollections speed of 23 knots. Mounting 12 16-inch guns, Thousands of citizens, and countless school the North Carolina and her five planned sis- children contributed money. $330,000 was of this great American who, in service raised to acquire the ship from the Navy and to the Senate and in partnership with ter ships, had they been completed, would have been the largest and most heavily prepare a suitable berth. In September 1961 the chairman of the Foreign Relations armed capital ships of the world at that she was towed from New Jersey, and on Octo- Committee, left his mark. I feel very time. ber 2 she was moored in her present berth humble about it because I was fas- Three years after construction was begun, across the river from downtown Wilmington. cinated in some research that I did on however, the Washington Naval Treaty in On April 29, 1962 she was dedicated as a me- the U.S.S. North Carolina, the battle- 1922 imposed a ten year limit, and new size morial to all the North Carolina men and ship on which he served. restrictions on warships of the era. All work women who served in the war, and in par- I ask unanimous consent to have was stopped, and the hull was sold for scrap. ticular, to the more than 10,000 North Caro- linians who gave their lives in the war. printed in the RECORD reference to the THE CURRENT NORTH CAROLINA: NAVY DAY 10/27/ ASIATIC-PACIFIC CAMPAIGNS OF THE engagements in the closing days of 37–6/27/47 BATTLESHIP NORTH CAROLINA World War II in which this distin- Authorized by an act of Congress on June 3, 1936, the keel of BB–55 was laid down at Prelude to Combat—December 1941–July guished ship participated with Ens. 1942. Bud Nance. the Brooklyn Navy Yard on Navy Day, Octo- ber 27, 1937. This was the first time the Landings on Guadalcanal and Tulagi—7–9 There being no objection, the mate- United States had started construction of a August 1942. Capture and Defense of Guadalcanal—16 rial was ordered to be printed in the battleship in 16 years. A few new cruisers and RECORD, as follows: August 1942–8 February 1943. destroyers had been built, but in general, the Battle of the Eastern Solomons—23–24 Au- HISTORY OF THE BATTLESHIP NORTH fleet was old if not obsolete at the time. gust 1943. CAROLINA—BB–55 Ships are not built in a day. As they say, I–19 Submarine Attack: USS WASP—Car- BACKGROUND when you need ships it’s too late to build rier—SUNK, USS O’BRIEN—Destroyer— them. Four years of design work, and three The current Battleship North Carolina SUNK, USS NORTH CAROLINA—Battle- years and eight months went into her con- (BB–55) is the third U.S. Navy ship to bear ship—Damaged—15 September 1942. struction. the name. Her commissioned service lasted a New Georgia Group Operations: New Guin- While building the North Carolina, war little over six years, and only eleven years ea, Rendova, Vangunu Invasion—30 June–31 broke out in Europe, and only four days be- lapsed between the time the ship was author- August 1943. fore her launch Hitler’s divisions occupied ized and she was decommissioned. During Gilbert Islands Operations: Tarawa, Paris. In the Far East, Japan had invaded that short time however, she had quite a Mrakin—19 November–8 December 1943. China, and was threatening further aggres- record, and is now preserved in her original Bismark Achipelago Operations: Kavieng sive moves in Southeast Asia. World War II colors as a memorial to all Strike—25 December 1943. On June 13, 1940, Governor Clyde R. Hoey Marshall island Operation: Invasion of those who gave their lives for freedom. of North Carolina’s daughter, Isabel, to the Kwajalein Atoll, Invasion of Majuro Atoll— THE FIRST NORTH CAROLINA—1818–10/1/1867 strains of ‘‘Anchors Aweigh’’, smashed the 29 January 1944–8 February 1944. The first North Carolina was a ship of the traditional bottle of champagne against the Task Force Strikes: Truk—16–17 February line, built in Philadelphia Navy Yard. The bow and launched the ship. Then, on April 9, 1944, Marianas—21–22 February 1944, Palau, keel was laid in 1818, and the ship was 1941, after completing her fitting-out, Sec- Yap, Ulithi, Woleai—30 March–1 April 1944, launched in 1820. She was just over 193 feet in retary of the Navy Frank Knox commis- Turk, Satawan, Ponape—29 April–1 May 1944. S5452 CONGRESSIONAL RECORD — SENATE May 18, 1999 Western New Guinea Operations: were pressed home with fanatical determina- I ask unanimous consent to have Hollandia—21–24 April 1944. tion, despite the most intense antiaircraft printed in the RECORD the very detailed Marianas Operations: Invasion of Saipan— fire. Virtually all Kamikaze attacks ended in briefing that goes behind this, the 11–24 June 1944, Battle of the Philippine flaming violence and death, if only for the Navy’s highest noncombat award, for Sea—19–20 June 1944. pilot crashing into the sea amid a torrent of Leyte Operation: Attacks on Luzon—13, 14, bursting shells and tracers, some of which which he received two. I hope to com- 19–25 November 1944, 14, 15 December 1944. were often wildly and dangerously erratic. plete my research about the first. Luzon Operation: Attacks on Luzon—6, 7 Carriers were always the primary targets, There being no objection, the mate- January 1944, Formosa—3, 4, 9, 15, 21 January but no ships were immune. Once a kamikaze rial was ordered to be printed in the 1945, China Coast—12, 16 January 1945, Nansei was damaged, he usually selected whatever RECORD, as follows: Shoto—22 January 1945. ship was nearest ahead as his target. The SUMMARY OF ACTION Iwo Jima Operations: Invasion of Iwo specter of sudden holocaust created on board Rear Admiral James W. Nance distin- Jima—15 February–1 March 1945, 15, 16 Feb- a ship by a combination of the exploding guished himself by exceptionally meritorious ruary 1945, 5th & 3rd Fleet raids on Honshu bombs and gasoline carried by a suicide service to the United States in a position of & Nansei Shoto—25 February–March 1945. plane instilled fear in the staunchest heart. great responsibility as Assistant Vice Chief Okinawa Invasion—17 March–27 April 1945. Mr. WARNER. In that period of time of Naval Operations/Director of Naval Ad- 3rd Fleet Operations: Bombardment and ministration (AVCNO/DNA) from June 1975 Airstrikes on the Japanese Home Islands—10 I was but a mere radioman third class. thru December 1978. As the principal advisor July–15 August 1945. Aboard a battleship, about the only thing lower than a radioman third and executive to the Vice Chief of Naval Op- INVASION OF OKINAWA (APRIL 1945)—BB–55 class is a bull ensign out of Annapolis. erations (VCNO) and the Chief of Naval Oper- Coincident with the air offensive of Task ations (CNO) for all organizational matters Force 58 against Mainland Japan, other If the Admiral were here, he would re- embracing the Office of the Chief of Naval American forces were closing in for the inva- call those days. Ensigns on battleships Operations (OPNAV), and for all organiza- sion of Okinawa, where the initial landings were almost down in the bilge area. tional echelons under the command of the occurred on 1 April. Three Marine Divisions Nevertheless, he was privileged to CNO, he has demonstrated the highest degree (1st, 2nd, and 6th), plus four Army Divisions serve with that distinguished ship in a of astute planning, detailed knowledge, ex- (7th, 96th, 77th, and 27th) were employed in series of engagements. ceptional managerial skill, and the ability to this operation, the last of the major island I have also found a record of his sec- identify requirements that would compete assaults of the Pacific war. Okinawa was ond Distinguished Service Medal. It is for support in an increasingly austere fiscal needed because it was best located to support interesting. I am searching for the first and personnel resource environment. In this broad area encompassing more than 1250 the planned invasion of the Home Islands of because it is likely that was in my pe- Japan, and because it offered airfields and shore activities, plus all the operating forces anchorages required for that purpose. Task riod of tenure when a radioman third of the U.S. Navy, Rear Admiral Nance initi- Force 58 covered the operation, providing air class had become Secretary of the ated and implemented many innovative im- support and fighter defense. Navy, because this one covers the pe- provements which significantly enhanced The NORTH CAROLINA, in company with riod of June 1975 through December of the Navy’s capability and ability to support other fast battleships, conducted a pre-inva- 1978. CNO in carrying out his mission. Astutely sion bombardment of Okinawa from very I want to read these remarks, signed aware of the operational and material ex- long ranges on 24 March; and fired again, in by the then Secretary of the Navy: penditures for the operation of the navy and the complex requirements of Mission and support of a feint landing on 17 April. For exceptionally meritorious service to On 6 April, in the heat of air attack with Program Sponsors in the OPNAV organiza- the Government of the United States— all ships firing, the Showboat was acciden- tion, Rear Admiral Nance was able to relate tally hit by a 5-inch AA Common projectile Rear Adm. James W. Nance, U.S. organizational changes to ongoing efforts, fired at a low-flying kamikaze by a friendly Navy— and to estimate potential costs and effec- ship. The projectile struck the supporting while serving as the Assistant Vice Chief of tiveness with respect to the total navy effort trunk of the secondary battery director (Sky Naval Operations/Director of Naval Adminis- and management decision at hand. He arbi- 2), killing three men, wounding 44, and dis- tration from June 1975 through December trated among the various OPNAV sponsors abling the director. During a lull in the 1978. and technical managers in order to develop a fighting, the dead were buried at sea with In directing the efforts of the vast human convincing and balanced program for the members of the crew sadly bidding their and physical resources of the Office of the VCNO and CNO. As the focal point for all or- shipmates a last farewell in the traditional Chief of Naval Operations, Rear Admiral ganizational matters Rear Admiral Nance solemn rites. Nance displayed the highest order of leader- demonstrated the highest degree of patience, Just before taps that night, the voice of ship, superb managerial acumen, and objectivity, sound judgment, integrity and the Chaplain came over the ship’s public ad- unexcelled initiative. skill in both persuasion and application. dress system with the following prayer: The same qualities, Mr. President, I These traits, coupled with a superior man- ‘‘Heavenly Father, today we committed to say to the chairman of the committee, agement ability, enabled him to overcome the deep three of our shipmates who gave problems and maintain the proper perspec- that he exhibited on the Foreign Rela- tive during frustrating times. All of these their lives so that others may live. We are tions Committee. Isn’t it interesting, particularly mindful at this time of their qualities Rear Admiral Nance has in abun- loved ones at home. Sustain them in their these many years prior thereto, he was dance, and they have been demonstrated sorrow. Help them to understand that those recognized for those qualities? time and again during his tenure as AVCNO/ they love gave their lives for their protec- His keen foresight and perception coupled DNA. tion and care. Be with all the officers and with an extensive knowledge of Navy organi- Rear Admiral Nance initiated and imple- men of this ship. Give all of us heart and zation were significantly instrumental in mented vital improvements in both the pol- mind to serve thee and our country willingly successfully guiding the reorganization of icy and procedural aspects regarding pro- and faithfully. . . .’’ several major realignment programs. posals for the establishment, disestablish- The NORTH CAROLINA, with Task Force ment, and modification of shore activities Did he not do some reorganization and of fleet activities of the Operating 58, was in the thick of the fighting around for you, Mr. Chairman? Okinawa for a total of 40 days before being Forces. Rear Admiral Nance has displayed a Utilizing dynamic leadership, keen admin- ordered to withdraw for repairs to her battle flair for discovering organizational incon- istrative ability, and steadfast perseverance, sistencies. In each instance he instinctively damage. During this 40-day period, hundreds Rear Admiral Nance managed the Navy’s recommends the best solution. In these rec- of kamikaze attacks were launched against massive organizational network in a note- ommendations he exhibits a uniqueness in naval units operating in the vicinity of Oki- worthy manner, thereby enhancing the shore looking at each proposal from the whole De- nawa, and a total of 73 ships were crashed by establishment’s support to the fleet. Addi- partment of the Navy standpoint and not a them. Of these, 20 were sunk or so badly tionally, he personally initiated and imple- more restrictive and narrow aspect of pro- damaged they had to be scuttled, and 22 were mented important improvements in both gram sponsors. His efforts in maintaining damaged to the extent that repairs would procedural and institutional aspects of the strict compliance to the Secretary of De- not be completed before the war was over. Office of the Chief of Naval Operations and, fense (SECDEF), Secretary of the Navy However, for every Kamikaze pilot who suc- by personal attention, example, and vigorous (SECNAV), and the direction and decisions ceeded in crashing one of our ships, there advocacy, he provided positive leadership in regarding the reduction of operational ex- were scores shot down by our fighters and the area of Equal Employment Opportunity. penditures and for providing better utiliza- ship’s gunners. Rear Admiral Nance’s distinctive accom- tion of limited manpower resources, while REFLECTIONS ON THE KAMIKAZES plishments, unparalleled effectiveness, man- still maintaining the highest degree of effec- A Kamikaze attack, as witnessed by a po- agerial expertise, and tenacious devotion to tiveness and efficiency, have contributed sig- tential victim, can be ranked among the duty reflected great credit upon himself and nificantly to the United States Navy. most frightening experiences in the history were in keeping with the highest traditions Directly responsible for the management of modern warfare. As a rule, such attacks of the United States Naval Service. of an annual budget of approximately 400 May 18, 1999 CONGRESSIONAL RECORD — SENATE S5453 million dollars, over 16,000 military and ci- of the many reductions already applied to ulations prepared to analyze strategic and vilian personnel, and approximately 200 com- OPNAV and those areas where a reduction general purpose force capabilities relevant to mands within the CNO claimancy, Rear Ad- could be imposed. The application of his national security decision-making at the miral Nance has demonstrated unique abili- knowledge made it possible to develop a highest level. ties in management of these resources. Con- presentation which obtained the SECNAV’s By his outstanding leadership, superior stantly aware of the worldwide inflation and support for an effort to stem the shrinking of judgment, and inspiring devotion to duty, its adverse effects on the CNO claimancy and the OPNAV staff and permit the staff to Rear Admiral Nance reflected great credit the national priorities, Rear Admiral Nance meet its responsibilities. The required reduc- upon himself and the Organization of the fostered and encouraged strong leadership, tion was effected with minimal disruption Joint Chiefs of Staff, and upheld the highest professional skills, and force in fiscal and and was superbly balanced among military traditions of the United States Naval Serv- personnel management. Whether involving and civilian positions. In subsequent years ice. the more than 125 activities for which the additional personnel reduction actions were FOR THE PRESIDENT, CNO provides direct Operation and Mainte- directed. Rear Admiral Nance, after review- JOHN H. CHAFEE, nance Navy (O&MN) appropriation financial ing the OPNAV staff, its requirements and Secretary of the Navy. support or the more than 90 activities for the requirements of the SECDEP, estab- Mr. DODD addressed the Chair. which the CNO is the civilian manpower lished an OPNAV Support Activity. This The PRESIDING OFFICER. The claimant, Rear Admiral Nance consistently component organization satisfied SECDEP’s Chair recognizes the Senator from Con- and aggressively sought improvements in all requirements for the reduction of Navy De- necticut. areas. Included in activities supported in the partment Headquarters since those personnel CNO claimancy are such diversified com- Mr. DODD. Mr. President, I join my not involved in Navy-wide policy making colleagues in expressing our condo- mands as CINCPAC, CINCLANT, SEATO were assigned thereto. This fresh approach Military Headquarters, MAAG China, all the developed by Rear Admiral Nance prevented lences to the Nance family. As Senator Navy Sections in the MAACs in South Amer- the crippling of the OPNAV staff’s capability HELMS has pointed out, there are a ica and Europe, USN Member SHAPE Head- to perform its mission. number of them gathered today in the quarters, Naval Observatory, all the District Senate gallery to hear these tributes. Commandants, COMUSJAPAN, Commander Mr. WARNER. But the interesting thing is the direct parallels between, I cannot help but think what Bud Iceland Defense Force, most of the major Nance would think about a lot of this Mr. Chairman, what he performed in Naval Support Activities in CONUS, all language out here. I imagine that I Legal Service Offices worldwide, NAP Wash- the Navy in 1974 and what he performed would see a twinkling in his eye. He ington, COMOPTEVFOR, Board of Inspection in the Senate in 1994. When I spoke of might think we are getting excessive— and Survey, the Vice President’s quarters him as ensign, I heard on the floor of to describe it politely. I do not think and Presidential helicopters, just to name a the Senate a little chuckle from a few. you can get excessive when talking former ensign who is over there now Rear Admiral Nance set realistic standards about someone of the human quality preparing to address the Senate. I am for the management and administrative per- that Bud Nance possessed. formance of these field commands and ac- sure he might expand a little bit on the The reason you are seeing this bipar- tivities in such areas as management poli- relationship between an ensign and the tisan demonstration here today is be- cies, procedures and controls, organizational higher officers. I see him busily going structure, position structure, staffing and cause I never knew what Bud Nance’s over his notes over there. politics were. I had my suspicions be- delegation, management systems and related But I say to my distinguished col- management practices. In these areas, and cause he was working with the chair- league from Massachusetts, we should while servicing as resource and executive man of the committee, but I never de- conclude these remarks by saying: An manager for the CNO, he made significant tected an ounce of partisanship in any officer and a gentleman—a phrase contributions. Since the aforementioned ac- approach he ever made to a Member of known in the U.S. Navy. My distin- tivities under the CNO claimancy are unique this body or members of the staff on ei- in that they have no Systems Command or guished colleague from Massachusetts ther side of the aisle. Bureau sponsorship and are administered earned that title, as did Admiral centrally under the CNO, they prove to be a It is a great tribute to his human Nance. qualities that he saw issues as they major undertaking. Management of these ac- I thank the Chair and thank my dis- were—either right or wrong—or ways tivities is further complicated by the diverse tinguished colleagues. programs represented in their missions. in which to get a job done to move a I ask unanimous consent that the Through Admiral Nance’s direction and lead- bill forward. Throughout that process, Distinguished Service Medal citation ership, the quality and level of services has which too often brings out acrimony in be printed in the RECORD. been enhanced, and services in such areas as people, Bud Nance seemed to attract property maintenance, personnel services, There being no objection, the mate- and services to tenant commands have been rial was ordered to be printed in the the better angels in all of us. And it is that wonderful quality that he pos- greatly improved even though funds and per- RECORD, as follows: sonnel have been reduced over the years. As THE SECRETARY OF THE NAVY, sessed that I admired so much. I came an example of the concern for real property Washington, DC. to really respect and enjoy this man’s facilities, during Fiscal Years 1976 through The President of the United States takes wonderful company over too brief a pe- 1978 the CNO claimancy allocated resources pleasure in presenting the Distinguished riod of time. for the maintenance and repair of real prop- Service Medal to Rear Admiral James W. We lost a great friend and a wonder- erty in a proportion to its backlog of mainte- Nance, United States Navy for service as set ful member of the Senate family a few nance and repair that exceeded by over 50% forth in the following citation: For excep- days ago. Many of us knew Bud Nance the same ration for the entire Navy shore es- tionally meritorious service to the Govern- tablishment supported by the O&MN appro- ment of the United States in duties of great simply as ‘‘the admiral.’’ He was 77 priation. responsibility from January 1970 to January years young. That is not a polite ex- Rear Admiral Nance assumed his duties at 1972, while serving with the Organization of pression. Up until his last illness, he a time when a major reduction in force had the Joint Chiefs of Staff as Deputy Director had great vitality. And I admired him. been directed. Confronted with this directed for Operations, National Military Command Less than a week before he passed reduction of 12% in manning in OPNAV he Center, Operations Directorate, and as Chief away, I saw him here in the staff gal- approached the task with a unique freshness of the Studies, Analysis, and Gaming Agen- lery. I went over and talked to him. I which rallied the support of all concerned. cy. admired his tenacity. In spite of all Apportioning these reductions to the varied As Deputy Director for Operations, Rear offices within the OPNAV would be no small Admiral Nance was responsible for moni- that he was going through at the hos- task. He personally conferred with each of toring the worldwide political/military situ- pital, transfusions and all the rest, he the Deputy Chiefs of Naval Operations ation on an around-the-clock basis, acting as remained determined to be here and de- (DCNOs) and the Directors of Major Staff Of- personal representative for the Secretary of termined to be involved. fices (DMSOs) reviewing their mission and Defense; the Chairman, Joint Chiefs of Staff; It is a great lesson for all of us that staffing. Gaining immeasurable information the Director, Joint Staff; and the Director we should live life to the fullest. He and knowledge of each of these complex or- for Operations. He was particularly adept in certainly did. The loyalty that many ganizations provided him with much of the handling the many events, incidents, and members of the Senate and the staff, data he required preliminary to directing re- sensitive operations of national interest in- many of whom are here today, felt to- ductions. The knowledge gained during this volving the highest governmental authori- tremendous and time consuming effort and ties. ward Bud Nance should be noted as his years of experience enabled him to deter- In his capacity as Chief of the Studies, well. mine those areas where critical manning de- Analysis, and Gaming Agency, Rear Admiral Both sides of the aisle respected Bud ficiencies were already developing as a result Nance masterfully directed studies and sim- Nance enormously. We were extremely S5454 CONGRESSIONAL RECORD — SENATE May 18, 1999 fond of him personally. All of us who friendship at the young age of 4 or 5 and you look back, I think there are had the honor of knowing him are years of age that lasted to Bud’s pass- really at least three things you hope deeply saddened to hear of his passing. ing says wonderful things about both of for: a good name, good friends, and, I express my condolences to his wife these individuals that they sustained hopefully, a little good fortune. But and children and grandchildren as well. that friendship over these many, many very important on that list is good As has been noted, he was the staff years. friends. director of the Senate Foreign Rela- For me personally, I say to the chair- I have had the privilege of having tions Committee. He took over the man, every day it was a pleasure to some great friends, going back to my stewardship of the committee in 1991. work with Admiral Nance. He was can- childhood days at Duck Hill, MS, peo- He was summoned out of retirement, as did. He was straightforward. He always ple I still stay in touch with from high has been noted over and over again tried to do what he believed was in the school and college years. We still get here by the chairman of the com- best interest of our country. He was together. In less than 2 weeks, we are mittee. It is not the first time that the truly a patriot. That word too often is all going to be together at the mar- admiral had worked for the Foreign used to describe too many people, but riage of my daughter. My friends from Relations Committee. in this case it happily applies to Bud high school and college will be there. I Back in 1979 and 1980, he had served Nance. know that when you are in the greatest as a special consultant to the minority He was 77 years old and a veteran of need of comforting, the greatest need staff on the SALT II deliberations. several distinguished careers. And he of counsel, there are few friends that Over the years, many Senators con- was tapped by Senator HELMS to take you turn to. sulted with him on matters related to over the helm of the committee. Of So we have had this unique relation- strategic arms treaties. He was truly course, he had a wonderful and distin- ship with Rear Admiral James W. an expert in this area. When his won- guished career in the Navy, as was ‘‘Bud’’ Nance and our beloved chairman derful friend, his lifelong friend, and noted by the Senator, and others. He of the Foreign Relations Committee, our friend, JESSE HELMS, called him up grew up in North Carolina, attended the senior Senator from North Cali- in 1991, seeking his help in reorganizing North Carolina State, enrolled in the fornia. He was born in Monroe, NC— the committee, the admiral did what U.S. Naval Academy, U.S. Naval War most folks probably have never heard he had always done—he showed up College, and specialized in world gov- of it, or certainly have never been ready for duty. He had retired to Vir- ernments and strategic planning. He there—a small town, one block from earned a master’s degree at George ginia sometime before, but he could the home of JESSE HELMS. I wonder not say no. He accepted the challenge; Washington University. He had many how many blocks there are in Monroe— and we are all the better because of it. wonderful accomplishments. But the probably not many. But this son of the In fact, he was excited to take on an- most important quality of all was he South from North Carolina went to the other challenge. was just a wonderful human being, and Naval Academy, a 1944 graduate. He Some of you may know that the ad- all of our lives are enriched because he was a gunnery officer on the U.S.S. was a part of our lives. We are going to miral had initially refused to take any North Carolina at Iwo Jima. He was a miss him. salary. This is something of which not combat pilot in Korea and Vietnam. He many Americans are aware. But there The PRESIDING OFFICER. The Chair recognizes the majority leader. was a test pilot. He was commander of are people around here who do work be- Mr. LOTT. Mr. President, I thank the the U.S.S. Raleigh, a cruiser, and com- cause they believe in the work they are Senator from Connecticut for his very mander of the U.S.S. Forrestal, one of doing. Admiral Nance was one of those kind and heartfelt comments. I know our great carriers in history. individuals. He insisted he should not Senator HELMS appreciates it very I had the pleasure one time of land- be paid lest someone think there was much also. ing on the deck of that carrier. It was an appearance of impropriety. Of In case it hasn’t been announced, I a tremendous experience. My attitude course that never crossed anyone’s want all Senators to be aware that Ad- ever since has been: I have done that. I mind. The words ‘‘impropriety’’ and miral Nance’s graveside services will don’t want to do it anymore. ‘‘Bud Nance’’ just would not fit in the be at Arlington National Cemetery at To be commander of that great vessel same sentence, page, or book. He was a 11 a.m. on Wednesday, tomorrow. For is the height of success in many peo- person of impeccable integrity. any Senators who would like to be ple’s lives. But he went beyond that. Eventually, the two friends had to there and participate, I am sure it will He went on to be Deputy National Se- compromise, as I am told, on minimal, be a beautiful and appropriate cere- curity Adviser in the Reagan adminis- symbolic compensation in order to mony. tration. And then, of course, for the comply with Federal laws. Bud Nance I served 4 years as a staff member on last 6 years, he was staff director of the would also not want to be in violation the House side, working for the chair- Foreign Relations Committee. of Federal laws. So there was a sym- man of the Rules Committee. Now I His wife, Mary Lyda, and their two bolic compensation that became Bud’s have served 26 years in the House and sons—I know Phil—are grateful to have salary. the Senate. I have a very enduring ap- had this man as husband and father. At any rate, Senator HELMS and the preciation for the importance and the We all have been enriched and are bet- admiral belonged to a mutual admira- loyalty, the dedication and the fine ter off because of his service to our tion society. All of us became associate service that we receive from our staffs, country and to this institution and to members of this wonderful friendship both in this Chamber, in our com- his friend. that these two individuals shared. Bud mittee work, and on our personal Bud Nance, sailor, public servant, pa- Nance had an excellent relationship staffs. triot. God rest his soul. with the chairman, as all of us know, Admiral Nance was one of those I yield the floor, Mr. President. based on their deep loyalty to one an- unique staff members, though, who had The PRESIDING OFFICER. The Sen- other, deep appreciation of each other’s a very close personal relationship, be- ator from Massachusetts is recognized. talents, abilities and sense of char- yond a normal staff relationship, with Mr. KERRY. I thank the Chair. acter, and deep friendship that goes the chairman of the committee, but Mr. President, with sadness but with back to childhood. also with a lot of Senators. When I first great pride, I join my colleagues today We make friends in our lives through came to the Senate, I found myself to mark the passing of a remarkably the various phases of our travels in more than once back in the back room patriotic and—I think everyone would this world, but there is no friendship seeking the advice and counsel of Ad- agree—extraordinarily committed pub- that is more enduring or more deeply miral Nance, and he always took the lic servant. appreciated than one that begins in time to try to explain the situation Rear Admiral James ‘‘Bud’’ Nance childhood and carries on through life. and try to make clear what was in the devoted his entire life to serving his That does not happen often, but when country’s best national interests. And country, to public service. That was it does it is a unique relationship. so I feel a personal sense of loss. made up, as we have heard, of a re- The fact that Bud Nance and my When you go through life and then markable 35 years in the U.S. Navy, 2 great friend, JESSE HELMS, had this you sort of get to the end of your road years as Deputy Assistant for National May 18, 1999 CONGRESSIONAL RECORD — SENATE S5455

Security Affairs under President I consider myself privileged to have to both Bud Nance and JESSE HELMS, Reagan, and then, as we heard our col- worked very closely with Admiral not just as public servants or as part- leagues recount today, great years of Nance when Senator HELMS was a ners in a public endeavor, but as pri- service here in the Senate, years where member of the Senate POW–MIA com- vate people, as human beings. all of us know he didn’t have to serve. mittee, which I then chaired. I will al- Modern politics is not kind to per- He could have chosen any number of ways be grateful to him for his very sonal lives, to private lives. It is some- other courses for his life, but right up steady support during that difficult times easy to lose sight of the impor- until the end, he stood watch. and highly emotional time. He under- tance of those friendships in this city, He earned, as we have heard, two Dis- stood the importance of dealing with and that is why I think it is so impor- tinguished Service Medals in all of the that issue head-on, regardless of par- tant, in part, to recognize the full campaigns that were listed by my col- tisanship or political consideration, measure of the friendship they shared. leagues. One of the things for which I and understood as well as anybody, be- I don’t remember all of the words, personally—and I am sure Senator cause of his years of service, the need but there is a wonderful poem by Wil- MCCAIN will join me—express the to begin to heal the wounds of war that liam Butler Yates that speaks about greatest respect was his service as still divided this country. the glory man shares here on Earth, skipper, commander of the U.S.S. For- His participation with Senator but in the end he calls on us to hope restal, which our colleague, Senator HELMS and the work of that committee that every individual would say: And MCCAIN, has very close ties to. I served was a great service to this country. so my glory was I had such friends. one of my tours of duty in Vietnam at The admiral and I also worked closely Really, that is glory in itself, that he the Gulf of Tonkin, as we did a lot of together during the 6 years that I was had a friend like Bud Nance. search and rescue work with pilots and privileged to have the responsibility as Mr. President, this is a city marked occasionally were doing guard duty chairman, and then ranking member, by transients. People come and people right behind the carrier, so I became of the International Operations Sub- go. But Adm. Bud Nance was forever intimately familiar with carrier oper- committee for the State Department proud that his service here was, in ations. authorization bill. I know that Bud many ways, neither ephemeral or tran- I think anybody who has ever been on Nance believed it was more than just sient. It was a tireless service to the a carrier, those 5,000-person floating another bill. To him, it was a reflection country, the Senate, stellar leadership cities, understands the extraordinary of our priorities in a global strategic in the Senate Foreign Relations Com- leadership skills that are necessary to sense, which he understood so well. So mittee, and lifelong devotion to coun- keep everybody in those close quarters it wasn’t just a substantive issue to try. It defines patriotism. He will be working at the pace they work under— him; it was also an institutional issue, greatly missed, but he will also be re- the intense, stressful combat situation and he cared about that. He cared membered very fondly by all of us who in which they work. It is a remarkable about the Senate prerogatives, he knew him and remembered him as a tribute to this man that he rose to that cared about the committee priorities good man who made no secret of his level and, indeed, performed those re- and prerogatives, and he shared that love of family, love of friends, and love sponsibilities with such distinction. concern with all of us. of country. He epitomized the best of I first met him, obviously, when he Although we found much to agree on, what can come from our Nation’s cap- came here, in 1991, and he became the we obviously sometimes disagreed. ital and from the country itself, as well Republican staff director for the Sen- But, boy, I can tell you it was never as the best of what our foreign policy ate Foreign Relations Committee. Be- with anything except the deepest sense can be. We will miss him today, but so lieve me, it became evident very quick- of respect and understanding for the much more so, we honor his legacy and ly how fast he was going to be sort of substance of another person’s position. his memory. the glue that helped to bring people to- Even throughout those disagreements, Mr. HELMS addressed the Chair. gether and keep them together. Every- I always knew I could talk to Bud The PRESIDING OFFICER. The Sen- body here will remember the great Nance and he was going to give me a ator from North Carolina is recognized. smile, the constant twinkle in his eye, fair hearing, and, working with Sen- Mr. HELMS. Mr. President, I thank and the wonderful kind of calm that he ator HELMS, he was going to do his best the Senator. I am touched by all of had about him. Literally, I think 5 to resolve those differences. these remarks. I hope the Chair will days or 6 days before he passed away, We all know the degree to which Bud recognize Senator MCCAIN next. But clearly without any inkling on our part Nance was a devoted public servant. before he does, I want to make a point that that might happen so suddenly, we But of greater meaning and of greater that Bud Nance said many times how were down in Senate Foreign Relations consequence to him, surely, Bud Nance much he admired Senator MCCAIN’s fa- room 116 dealing with a number of was a devoted husband and father. We ther. With that, I hope the Chair will issues. I went over to sit beside him have heard others talk of the wonderful recognize Senator MCCAIN. and seek his counsel on something. As marriage that he had to Mary Lyda for The PRESIDING OFFICER. The Sen- was his manner, he sort of patted me 53 years. Together they had four chil- ator from Arizona is recognized. on the knee in a calm way and said: I dren. I simply want to take this oppor- Mr. MCCAIN. Mr. President, I thank think we can take care of that; we can tunity to extend my condolences to my dear friend from North Carolina for take care of that. them and to their families for their the love and friendship he bestowed on That is the way he worked. He en- loss. Bud Nance for many, many years. It is joyed the give and take. He loved the It is also very hard to think about a rare thing—the relationship that ex- responsibility. He loved the Senate. Bud Nance without obviously thinking isted between my dear friend from And most of all, he clearly loved his about the special relationship he had North Carolina and Adm. Bud Nance. It country which he served so diligently. with his closest friend and our col- was a relationship characterized by Not only did he have the confidence league, Senator HELMS. I will always mutual respect, political courage, and and friendship—a very, very special fondly remember the many stories that love and affection, which is, as the pre- friendship—with Senator HELMS, but Senator HELMS shared with us in the vious speaker mentioned, somewhat he also approached the job with pure Foreign Relations Committee and here rare in this town—although not as rare professionalism, with fierce determina- on the floor about two young tykes as some would think. tion, and great skill. Surely he was al- growing up within streets of each other Bud Nance was not only a friend of ways committed to advancing the val- and spending literally their lives to- my father’s, he also served under my ues and belief system—such a strong gether, even when they weren’t to- grandfather in World War II. Mr. Presi- value system and belief system—of gether. No one could ever doubt the dent, there is a book that has been No. Senator HELMS. Their priorities were strength of the bond between them or 1 on the best seller list for a long time. the same. But he also was every bit as the personal loyalty they felt toward The title of that book is ‘‘The Greatest committed to working out even the one another over so many years. This Generation,’’ written by Tom Brokaw, most contentious issues on a bipartisan was really a rare friendship. That it a man known to all of us. It is one of basis. has a marvelous endurance is a tribute the more moving books I have read in S5456 CONGRESSIONAL RECORD — SENATE May 18, 1999 a long time. It chronicles the personal Senator HELMS and I are not exactly confident in his faith and comfortable experiences of those of the generation in agreement on most issues, and Ad- in his accomplishments. Rather, he was that fought and won World War II and, miral Nance and I weren’t in agree- concerned about the imminent dangers indeed, did make the world safe for de- ment on most issues, but I tell you our country faced in the Balkans and mocracy. It contains very moving sto- something, I came to love that man elsewhere: ries. The impact of those stories gives and I will never forget him. I agree What does bother me, Senator, is I am ex- us a renewed and indeed, perhaps, an with what everybody has said about his tremely worried about our country. In 1939, I unappreciated recognition of the serv- impact on the Senate. did not register for the draft for World War ice and sacrifice of that generation, I think it started a couple of years II. The reason I did not register was because ago; I would be walking with a bad they already had me . . . Everywhere we what they went through, what they look around the world things are bad—Bos- achieved, and the reality that they knee and Bud would ask me how I was doing. We would start talking, and nia, Kosovo, Iraq, India/Pakistan (nuclear really did make not only the world safe testing), North Korea, Latin America is for democracy, but make it possible for then we would talk more. It came to stewing in drugs, et. al. We should remember future generations to live much better the point, Senator HELMS, where I just what Charles DeGaulle said, ‘‘There are no lives in a broad variety of ways. decided—I never had a chance to know friends in international politics.’’ We have Bud Nance was of the greatest gen- the admiral in the same way Senator countries that respect us; countries that fear eration and he was one of the greatest HELMS knew him as a dear friend, or us; and countries that hold us in contempt. I see too many cases where we are held in con- Americans to serve in the greatest gen- the way some of my other colleagues have known him over the years—I just tempt. We have to do better internationally. eration. In fact, his service spanned reached the conclusion that this was a Bud wrote to me, with his char- three wars, and in all of them he served man I really believed in. I hope and acteristic modesty, ‘‘In the roughly 60 with distinction and courage. pray he felt the same way about me. years that I have been with the govern- I believe that Bud Nance epitomized I think he represented the very best ment in both the executive and legisla- in the Senate all the best we see in peo- of treating people well, the best of tive branches I have always tried to ple who serve the Nation. Unfailingly being willing to stand up for what you make our country a little safer and a courteous, always considerate to oth- believe in, the best of patriotism, the little better.’’ This, rhetoricians will ers, he took into consideration with best of public service. As far as I am tell you, is understatement. If I may equal weight and gravity the views of concerned, there are certain people you paraphrase General Robert E. Lee, Bud those on the other side of the aisle. meet whom you never forget. They are did his duty in all things. He could not And although perhaps in disagreement, with you for the rest of your life. I cel- do more. And it’s obvious he never he always treated those views with the ebrate this man’s life. In all the work wished to do less. respect and consideration they de- I will get a chance to do as a Senator The PRESIDING OFFICER. The served. or as a teacher, or whatever I do, I will Chair recognizes the Senator from Obviously, as has been mentioned, always try—I will never succeed—to North Carolina, Mr. EDWARDS. the relationship between the two men live up to Bud’s example. Mr. EDWARDS. Thank you, Senator was remarkable and unusual. But it Mr. MOYNIHAN. Mr. President, I rise HELMS, for allowing me to speak today was also remarkable and unusual that, to pay tribute to Rear Admiral James in a tribute to an extraordinary North in all the years that I saw Bud Nance W. Nance, a gentleman and a patriot. I Carolinian, Adm. Bud Nance. here, never once did I see him lose pa- will leave it to others to talk about I found Senator MCCAIN’s poem very tience with anyone. His courtesy was Bud’s accomplishments in the Navy, at moving and very touching. I know Bud unfailing, and, frankly, he represented the White House, in the private sector Nance was an extraordinary friend to what we know of as the greatest gen- and in academia, and here in the Sen- my senior Senator, who has been an ex- eration in more ways than just having ate. They are legion. I wish to high- traordinary friend to me since I have served in combat and risked his life for light the central role he played in as- been here in the Senate. They grew up his country in three wars. sisting the Commission on Protecting together. I think they were born a cou- Mr. President, when I think of Bud and Reducing Government Secrecy, ple of blocks away from each other, Nance, as I always have, as we not only which I chaired. Senator HELMS was a over in Monroe, NC, and even a couple mourn his passing but celebrate his Commission Member. Bud understood of months apart, if I am not mistaken. life, I could not help but be reminded of the importance of keeping some se- The things that Bud Nance did with what is one of my favorite poems, writ- crets. But he also understood that ex- his life are the things we would strive ten by Robert Louis Stevenson, who cessive secrecy is a mode of regulation. for all of our children to do. He spent also had an incredibly unusual life of The most pernicious mode, really, his life in service of this country. Hav- adventure, with great and vast experi- since we don’t know what we don’t ing attended the Naval Academy, hav- ences and great contributions. Robert know. It is a fitting tribute to Bud, his ing gone on to rise to prominence as an Louis Stevenson wrote a poem that he wisdom, and his talents that the Com- admiral in the Navy, having served on wrote for his own epitaph called ‘‘Req- mission unanimously issued its report the U.S.S. North Carolina, and then, uiem,’’ which I believe also fits our containing recommendations for pro- after retirement, when most people dear friend, Bud Nance. tecting and reducing government se- would go on to spend time with their The poem is a very simple one: crecy. family and children, he went to his sec- Under the wide and starry sky. Bud battled his illness gallantly, ond career, which was working for his Dig the grave and let me lie. which is no surprise. His death from great lifelong friend, Senator HELMS, Glad did I live and gladly die. that illness is no surprise, either, but it on the Foreign Relations Committee. And I laid me down with a will. hurts nonetheless. We who were privi- While I did not know Bud Nance inti- This be the verse you gave for me: leged to know Bud will miss him. The mately the way the Senators who have Here he lies where he longed to be; country will miss him. spoken knew him, I have to say, when- Home is a sailor, home from the sea. He and I were frequent correspond- ever I went to Senator HELMS for ad- And the hunter home from the hill. ents. His last letter to me, from last vice—which seemed to be often—on Mr. President, I yield the floor. October, is characteristics. He wrote, issues of foreign relations, the very The PRESIDING OFFICER. The As I mentioned in a discussion we had sev- first thing he would say to me is, you Chair recognizes the Senator from Min- eral months ago, I have myelodysplasia, or need to talk to Bud Nance. I know how nesota. smoldering leukemia. I have had all the ex- much he relied and depended on Bud Mr. WELLSTONE. Mr. President, I perimental treatments they do out at NIH without success. At present, I am living on Nance. say to my colleague from North Caro- transfusions. This problem does not worry I might add, aside from the fact that lina, I was thinking to myself that one me in the slightest because I have had 77 I am so proud of Bud Nance as a North of the things that rarely gets written wonderful years and have had the privilege Carolinian, I have another connection about regarding politics, and it is al- of knowing some of the great people of my with him, which is that my father-in- most the thing I have enjoyed the most time. law, Vince Anania, who was a captain about being a Senator, is the kind of Not the slightest tinge of self-pity, in the Navy, went to the Naval Acad- friendships that develop here. remorse, regret, or bitterness. He was emy and was a classmate of Bud Nance May 18, 1999 CONGRESSIONAL RECORD — SENATE S5457 at the Naval Academy. My father-in- fairs Committee if for no other reason I did not know Admiral Nance well. I law was a career naval aviator, a man than Bud Nance. knew him to see him. I, on several oc- for whom I have great love, admira- Bud Nance and I talked about that casions, approached him with some tion, and respect, and he held Bud occasionally, and that relationship questions about policy issues that I Nance in enormous esteem and friend- built. For me, it was a very important knew the committee was working on, ship, having gone to school with him, part of my service on the Senate For- that I knew he was involved in with having known him over the years. eign Affairs Committee and in this Senator HELMS. On each occasion, he I have to say, this man’s career body. answered my queries with patience and speaks for itself. The fact that he is I recall 4 months into my first year with a great deal of understanding. I in the Senate at a hearing Senator held in such high esteem by Capt. walked away thinking to myself, this HELMS was presiding over—and I know Vince Anania, whom I love, admire and is a person who really knows these this will come as a surprise to some respect, just about says it all. I think issues, both from experience and just a this man was an extraordinary man Members on the floor—one of our col- leagues had an awful lot to say that general knowledge from a wide range who gave extraordinary service to his of interests and issues. It reminded me country. We have lost a great Amer- day and was not inhibited by time or bashful about how much he wished to again, then, with him, as it has with so ican. many others, of the wonderful service I yield the floor. contribute on this particular subject. given the Senate by so many people on The PRESIDING OFFICER. The As one of our colleagues went on and our staffs. But he was different. He was Chair recognizes the senior Senator on and on, Admiral Nance leaned for- by all accounts, of all those who had from North Carolina. ward and said, ‘‘Senator,’’ and I turned Mr. HELMS. I ask unanimous con- and I said, ‘‘Yes, Admiral Nance.’’ He many more dealings with him than I sent that any further remarks by other said, ‘‘I want you to observe some- had, a person who brought to this Sen- Senators today or subsequent to today thing.’’ He smiled and winked and ate a very substantial background and relative to Bud Nance be printed in looked down and then said, ‘‘Senator, a very special kind of knowledge about tandem with the remarks that will al- remember, you need not be eternal to these issues in foreign affairs. ready appear. be immortal.’’ So I want to add my voice today to The PRESIDING OFFICER. Without I don’t think that was an original, the expressions of gratitude for his but it was at that time effective and objection, it is so ordered. public service. Yes, condolence over his framed the issue in rather simple Bud The PRESIDING OFFICER. The passing and sympathy to his family Nance eloquence that the Senator has Chair recognizes the Senator from Ne- and loved ones, but especially, at the braska. come to know for so many years. Of course we will all miss him; not same time, to say thank you to Admi- Mr. HAGEL. Mr. President, to my ral Nance for lending himself in service friend and distinguished colleague, the only for what he represented—and maybe, more than anything, what he to his country in such a noble way and senior Senator from North Carolina, especially thank you to him for being chairman of the Senate Foreign Rela- represented was a role model. Each of us who has the privilege of serving our of service to his country here in the tions Committee, I offer my sympathy, Senate with Senator HELMS for so my condolences. I have expressed those country should always understand that the greatest responsibility we have is many years. sentiments to Senator HELMS in writ- ing and face-to-face. to be as good a role model as we pos- I yield the floor. sibly can. For his staff, as you know so I have heard the eloquence of many Mr. GRAMS. Mr. President, I take well, Mr. Chairman, you who loved this of my colleagues here this morning, ex- this opportunity to join many of my pressing themselves about how they man, who adored this man—not be- cause he was a friendly man, but he colleagues this morning in saying just feel about a very special American. how grateful I am that I had the The only weakness that has been pre- guided them and he helped them; he was tough when he needed to be chance to work with ‘‘the Admiral.’’ sented here is that most of them have tough—for all those staff members who When I call Bud Nance ‘‘the Admiral,’’ been Navy. Having been an Army ser- served with Admiral Nance, I wish to I do so on purpose, because when a Sen- geant in Vietnam in 1968, I, too, have say thank you on their behalf, since ator referred to ‘‘the Admiral,’’ of some sense of appreciation for a Navy they do not have the privilege of being course you never had to question which admiral. Of course, when I was in Viet- on the floor of the Senate this morn- one. We all knew that Member was nam as an Army sergeant, I didn’t ing, acknowledging his service. And on talking about—of course, Admiral know any admirals, but I got to know behalf of this Army veteran, very jun- Nance. this admiral rather well. ior Senator, I wish to thank Admiral I wish to share a quick story that the The Admiral was a great man, a true Nance. For you, Bud Nance, wherever Senator from North Carolina may not American hero. He survived over 150 you are: We will miss you, Admiral. Japanese suicide bomber attacks dur- know about Bud Nance. Two weeks I yield the floor. after I was elected to the Senate from ing World War II. He became a Navy The PRESIDING OFFICER. The test pilot, which was dangerous work. Nebraska in 1996, I received a call from Chair recognizes the Senator from Admiral Nance. It had gotten around In one of the 10-men units in which he North Carolina. served, five pilots died in crashes. So back here that I was interested in serv- Mr. HELMS. Mr. President, I think I we know he was not only brave but also ing on the Senate Foreign Affairs Com- have never heard such eloquence in my mittee. Admiral Nance first congratu- 27 years in the Senate. It was a glory to blessed. lated me on my victory and then said me just to sit here and hear the evalua- Later he commanded the aircraft car- the Senate Foreign Affairs Committee tions of a man whom I have known and rier U.S.S. Forrestal and served as dep- would be willing to even take an Army loved all my life. uty assistant to the President for na- veteran—if it came to that—but want- Mr. DORGAN. Mr. President, I want- tional security affairs under Ronald ed me to know that he was at my dis- ed to just add a note of sympathy and Reagan. posal to help me and assist me in any condolence, but also, on this day, a Chairman HELMS and the Senate For- way with the staff that I was assem- note of admiration for Admiral Nance’s eign Relations Committee benefited bling, whether I joined the Senate For- public service. As I said one day on the from his intense patriotism and vast eign Affairs Committee or not. floor when we were talking about the experience. We are all very lucky that We had a long talk—as I recall about late Scott Bates, there are many peo- 45 minutes—about our country, about ple who serve this country, and work in he was willing to serve his country in service to our country, military, for- this Senate especially, who do so in this way, continuing his lifelong com- eign relations. After that 45-minute ways that are not obvious to people on mitment to the defense of our Nation’s conversation, I walked out of my office the outside, but in ways that are criti- interests. in Omaha and said to the person who is cally important to the workings of the Let me say something else about the now my chief of staff: I am going to Senate and the construction of good Admiral. He was a modest man, a very seek a seat on the Senate Foreign Af- public policy in America. simple man, and he certainly would not S5458 CONGRESSIONAL RECORD — SENATE May 18, 1999 want all of this fuss about his accom- time of dedicated and successful serv- or earlier in life, but it was remark- plishments over a very long life. But ice to his country. But, what most of able. And it never wavered, even during Admiral Nance was a Navy man and, of us will recall beyond his distinguished his last great battle with sickness and course, loved to tell stories. In his record and credentials is the support pain. Admiral Nance was a steady hand memory, I want to relate an anecdote and friendship Bud offered many of us, on the foreign relations Senate ship, about the Admiral which reflects his especially to Senator HELMS. just as he was in his command of the straightforward nature and, above all, Bud brought the quiet confidence and aircraft carrier Forrestal. He displayed his sense of humor. certain purpose he had gained from courage and grace in his fight against This happened before my time in the growing up in a close knit community illness. Senate, but it is one of those stories to each challenge and task he faced. The Senate is served every day by that gets repeated by members of the When he arrived to serve Senator men and women of great dedication, Foreign Relations Committee. I share HELMS as chief of staff of the Foreign commitment and industry who believe it with everyone today because if any Relations Committee there were no in the American system of government. of you did not have the pleasure of shortages to the variety and com- Even among these exceptional people, knowing Bud Nance, you will have a plexity of those challenges. But, Bud Admiral Nance stood out. He will be better understanding of why he was so had a gift for dissecting and analyzing missed. Our thoughts and prayers go beloved by everybody with whom he complicated issues—whether personnel out to his wife, Mary Lyda Faulk; their worked. or policy—cutting with certainty to children, James Lee Nance, Mary Cath- It occurred in the summer of 1992 the heart of any matter, giving guid- erine Worth, Andrew Monroe Nance when Admiral Nance was the minority ance then moving on to the next chal- and Susan Elizabeth Nance, and their staff director of the Foreign Relations lenge. He saw each problem as an op- many grandchildren. Committee and he had requested a doc- portunity to support his friends and Mr. ASHCROFT. Mr. President, I rise ument from AID on funds for Nica- serve his country. today to join every member of this ragua. The answer the Admiral got The many conversations I enjoyed body in mourning the loss of Admiral from AID was not in English with dol- with Bud flowed from our common rev- James W. ‘‘Bud’’ Nance. His loss is felt lar amounts, but rather it came in erence for the history and stories so fa- especially among those Members and Spanish with amounts in cordobas. miliar in the South. He represented the staff who worked closely with the Ad- So the Admiral wrote back to AID best of North Carolina traditions—he miral on the Foreign Relations Com- saying he had three staff members who had that strong streak of country mittee. He is survived by his wife of 53 were Spanish speakers, but they were sense, yet was ever sentimental; his years, four children, and seven grand- all busy, and since English was obvi- wisdom twinkled with humor. He children. The much-celebrated friendship be- ously not AID’s official language, he brought these strengths to every dis- tween Admiral Nance and Senator wanted all communication from AID to cussion we had on a wide range of JESSE HELMS set the tone for the work the committee to be either in Russian issues from arms control to foreign of the Foreign Relations Committee. or Hebrew during the month of August. aid—he made a difference with South- Few committee chairmen have known But—here is the real kicker—the Ad- ern distinction. their staff directors since first grade. miral sent his response to AID through Bud’s loss will be felt most deeply by The level of trust between those two his life long and good friend, ‘‘JESSE’’. the proper channels on Foreign Rela- elevated the work of the Committee to I thank him for sharing Bud with us for tions Committee stationery, it was all a distinct level. very proper and official looking, except the past 8 years. The Senate and its Born in 1921 in Monroe, North Caro- for one thing: He had a member of his Members are the richer for his con- lina, Admiral Nance went on to grad- staff draft it up in Hebrew. And that is tribution and service. uate from the Naval Academy, fight in the truth. I have a copy of the letter Mr. DASCHLE. Mr. President, I join World War II, and serve 35 years in the right here. my colleagues in saying how much this U.S. Navy. That was all before he By the way, the only bit of English Senate, and this nation, will miss Bud began his second career after 1979 in was, of course, his signature at the bot- Nance. I want, as well, to offer my con- the Legislative and Executive branches tom of the letter: ‘‘James W. Nance.’’ dolences to Admiral Nance’s family, to of Government. In the Navy, the Admi- According to the Admiral, he never Senator HELMS on the loss of his child- ral was a first rate aviator, involved in heard back from AID on that matter, hood friend and staff member, and to some of the more dangerous testing but he never received another foreign- Admiral Nance’s colleagues at the Sen- and developing programs for naval language document without a trans- ate Foreign Relations Committee. fighters. He served as Commanding Of- lation as well. Other Senators on both sides of the ficer of the Attack Carrier Air Wing So again, Mr. President, this is not aisle have spoken of Admiral Nance’s Eight aboard the U.S.S. Forrestal and just a time to mourn our loss, but I be- distinguished careers—in the Navy, the later became the Commanding Officer lieve very strongly it is a time to cele- White House, and here in the Senate. of that aircraft carrier—a ship that had brate the Admiral’s life. He will be He was, as they have said, a war hero, more sailors (5,000) than his hometown missed, but he will not be forgotten. and a true patriot. Senior Naval offi- of Monroe, North Carolina. Thank you very much, Mr. President. cer. Commander of U.S. forces in Eu- The Admiral concluded his naval ca- I yield the floor. rope. National security advisor to two reer as Assistant Vice Chief of Naval The PRESIDING OFFICER. The Presidents. Chief of Staff to the Senate Operations and Director of Naval Ad- Chair recognizes the Senator from Foreign Relations Committee. ministration. He went on to serve as a California. Senator HELMS is his dearest and old- staff member of the Senate Foreign Re- Mrs. BOXER. Thank you very much, est friend in the Senate. But Admiral lations Committee in 1979–80 and Dep- Mr. President. Nance leaves many friends here—on uty Assistant for National Security Af- I associate myself with the remarks both sides of the aisle. He was a good fairs under President Reagan. In that that have been made all morning con- and decent man. A man of great accom- capacity, he was responsible for man- cerning the passing of Admiral Nance, plishment and true humility. He was aging the entire staff of the National and what a gentleman he was, and also a man of integrity. You knew, Security Council at the White House. what a difficult thing it is for Senator whenever you dealt with Admiral Admiral Nance returned specifically HELMS to lose a friend he has had since Nance, that you were dealing with a to naval aviation by running Boeing’s childhood. fair and open man. You knew if Bud Navy Systems program from 1983 to Mr. MCCONNELL. Mr. President, in Nance made a commitment, it would be 1990. In 1991, he returned to the Foreign 1941, Monroe, North Carolina, lost Bud kept. His word was his bond. Relations Committee as Deputy Staff Nance, a favorite home grown boy, who He was also an tireless worker. Most Director for the Minority and has traveled north to the U.S. Naval Acad- mornings, he arrived at the Capitol at served the last four years as Majority emy. Last week, we all suffered the 7 o’clock. He was still at his desk late Staff Director for the Committee. loss of Admiral Nance to a different into most nights. I don’t know whether The Admiral’s commitment to serv- journey. He passed away after a life his work ethic was formed in the Navy, ice can be seen throughout his life, and May 18, 1999 CONGRESSIONAL RECORD — SENATE S5459 that was certainly the case in the four activities of the Foreign Relations Mr. President, in Bud Nance the Sen- years that I worked with him as a Committee, Bud set the highest stand- ate has lost a loyal public servant and Member of the Foreign Relations Com- ard in his selfless commitment to the nation has lost a true patriot. mittee. In assuming the position of country and his loyalty to friends. His Mrs. FEINSTEIN. Mr. President, I Staff Director, Admiral Nance told commanding presence, his decorum in would like to add my voice to those of Senator HELMS he viewed the job as a all that he did, and his model of sac- my colleagues who have risen today to service to his country and wanted no rifice and service is an inspiration for talk about the remarkable service compensation. Senate rules required all who knew him. given this body, and our nation, by Ad- some level of compensation to be an of- While we are saddened by his passing, miral James W. Nance, majority staff ficial Senate employee, however, so we rejoice in his memory and in the director of the Foreign Relations Com- Admiral Nance began his tenure with legacy of loyalty and service he left be- mittee. the exorbitant income of $3.36 a week. hind. Chairman HELMS, my sympathy Although I am no longer on the Com- When Congress became bound by the and condolences to you in the loss of mittee, I had the honor and pleasure of laws of the land, Senator HELMS was this great friend. Our prayers and serving as a member of that Committee forced to raise Admiral Nance’s salary thoughts are also with the Admiral’s in the 105th Congress, and to come to to minimum wage. wife and children. know and admire ‘‘The Admiral.’’ We smile as we reflect on the Admi- Mr. President, I would like to con- In many ways, Admiral Nance was ral’s paltry salary, but what a selfless clude these brief remarks with a poem the living embodiment of what Tom display of service that was to his coun- by Ralph Waldo Emerson, titled ‘‘Great Brokaw, in his recent book, has called try and this body. Earning the min- Men.’’ It captures, far better than I ‘‘The Greatest Generation.’’ He had a imum wage was not a publicity stunt. could in my own words, Bud’s commit- distinguished career in the Navy, serv- Admiral Nance operated behind the ment and service to this country. ing in combat in World War II, as a test scenes almost entirely. This man was Not gold, but only man can make pilot, and later as commander of the truly motivated by gratitude to the A people great and strong; aircraft carrier U.S.S. Forrestal. United States. Men who, for truth and honor’s sake Following his Naval career, he served Stand fast and suffer long. Admiral Nance was a dedicated con- as deputy assistant to the President for servative, and his conservatism was Brave men who work while others sleep, National Security Affairs in the rooted in respect for his fellow man Who dare while others fly— They build a nation’s pillars deep Reagan administration, and then and an unshakeable commitment to And lift them to the sky. joined his boyhood friend, the distin- the best interests of his country. His Bud Nance was once of these great guished Senator from North Carolina, partisanship was good-humored and men who helped build our nation’s pil- in offering his service, and his exper- balanced. The Admiral had a verse dis- lars deep and lift them to the sky. tise, to the U.S. Senate as staff direc- played prominently in his office from Mrs. BOXER. Mr. President, I join tor for the Foreign Relations Com- Ecclesiastes which read ‘‘The heart of my colleagues and the entire Senate mittee. the wise inclines to the right, but the family in honoring the life and mem- His kindness to me—as a junior mem- heart of the fool to the left.’’ Whether ory of Admiral James Nance, the ber of the minority party—in getting as a formidable opponent or valued ally former majority staff director for the to know the ins and outs of the Com- in the work of the Senate, Admiral Senate Foreign Relations Committee. mittee was always appreciated, and his Nance respected—and won the respect My deepest sympathies go out to Bud’s sage council and advice were always a of—all members of the Foreign Rela- wife, Mary, and to his four children and welcome addition to the Committee’s tions Committee. seven grandchildren. consideration of a range of pressing na- This man was a warrior his entire I also want to express to my Chair- tional security issues. life, placing himself in harm’s way for man, Senator HELMS, my sincerest con- The Admiral will be sorely missed— the good of his country. He died as he dolences on the loss of his lifelong but I join my colleagues in celebrating lived—he fought to the very end. Many friend. He and Bud Nance, born just a his life of service to the United States. Members of this body probably are not few months apart, grew up a mere Mr. HELMS. Mr. President, I suggest aware of the health difficulties he three blocks from each other in Mon- the absence of a quorum. struggled with during his entire tenure roe, North Carolina. The PRESIDING OFFICER. The as Staff Director of the Foreign Rela- Bud Nance joined the Navy in 1941 clerk will call the roll. tions Committee. It would have been and retired 38 years later as a rear ad- The legislative assistant proceeded easy to walk away. There was a reason miral. He served this nation in active to call the roll. he stayed, though. duty in three wars. During his service Mr. GRASSLEY. Mr. President, I ask Admiral Nance was a true American. in World War II, he survived 162 Japa- unanimous consent that the order for His life was a testament to the ideals nese air and kamikaze attacks. Over the quorum call be rescinded. which have made this country great. the course of his career, he served as a The PRESIDING OFFICER. Without He believed in the United States of Navy test pilot, led an attack squadron objection, it is so ordered. America. He believed in prudent and and an air wing, and commanded the Mr. GRASSLEY. I ask unanimous decisive American leadership in the U.S.S. Raleigh and the aircraft carrier, consent to speak for 5 minutes. world. He believed in what this country Forrestal. After leaving the military in The PRESIDING OFFICER. Without stood for and what it could accomplish. 1979, Admiral Nance served as assistant objection, it is so ordered. As we reflect on his life in the com- national security adviser until he f ing days, may each of us gain a re- joined the private sector as head of OLDER AMERICANS MONTH newed sense of commitment to pre- naval systems for Boeing. serve the blessings of freedom which In 1991, Senator HELMS asked his old Mr. GRASSLEY. Mr. President, May the Admiral defended. My sympathies friend to bring his military knowledge happens to be Older Americans Month. are with the Admiral’s wife Mary Lyda and experience in world affairs to the I believe we should honor older Ameri- and their children. Mr. President, I Senate Foreign Relations Committee. cans through this month, not only be- yield the floor. Admiral Nance refused to take a salary cause my State of Iowa has many fine Mr. COVERDELL. Mr. President, I and received only the minimum com- senior citizens whom I am very willing rise today to honor a great man and a pensation allowed under federal law— and happy to talk about because of great American who passed away last $153 per year. their contributions to our State and week. I had the privilege of working Bud Nance will be remembered in our society, but also because I am with and knowing Admiral James ‘Bud’ this body as a gracious and kind gen- chairman of the Aging Committee. Nance. His passing was a great loss for tleman. When I joined the Foreign Re- It may be human nature to overlook me personally, for the Senate, and lations Committee this year, Bud the hardships of previous generations. most importantly, for our country. called to welcome me and my staff to We do not think about suffering that In both his long and distinguished the Committee. It was typical of Bud’s we do not have to endure, and that is naval career and his work directing the courtesy and good manners. the way it should be. That is the way S5460 CONGRESSIONAL RECORD — SENATE May 18, 1999 we hope it is and it is the hope of ican children will live without a debili- lence as possible, if we can just trans- American innovators who work to ease tating disease, polio. mit that to our children, this will be a the misfortunes for our children and On June 3, Mrs. Humphrey will be better world. grandchildren. 102. In advance of her birthday, during In the course of the debate, we have One of those innovators is a 101-year- Older Americans Month, I thank Mrs. talked about many areas in our society old woman from Sioux City, IA. Louise Humphrey for helping to make our that need attention. There isn’t one of Humphrey was a leading light in the country strong. Mrs. Humphrey, with us who could truly stand up here and battle against polio, one of the most her clear vision and compassionate say, well, I do everything I can; there terrifying illnesses of our century. Be- concern for America’s children, per- is nothing wrong with me. And there is cause of her work and the work of oth- fectly illustrates the theme of Older no industry that can stand up and say ers devoted to finding a cure, polio is Americans Month, which is: ‘‘Honor it. We all have to look inside ourselves almost nonexistent in our country. the Past, Imagine the Future: Toward to make sure our kids understand that It is hard for anyone who did not live a Society for All Ages.’’ violence is wrong, it is a black and through the forties and fifties to under- I yield the floor. white situation, and it isn’t the way to stand fully the fear and hysteria which The PRESIDING OFFICER. The resolve our problems, et cetera. So this accompanied the polio epidemic during Chair recognizes the Senator from Min- debate surrounding this bill is very rel- any particular summer. The disease nesota, Mr. GRAMS. evant to the lives of our people. was highly contagious and sometimes Mr. GRAMS. Mr. President, what In my home State—and I have said fatal. It attacked the lungs and limbs. business is before the Senate? Are we this often on the floor, but it is worth It immobilized its victims. It made still in morning business? repeating to some of my friends—the them struggle for breath and often f No. 1 cause of death among children forced them to breathe through me- happens to be gunshots. In other words, chanical iron lungs. Parents would not CONCLUSION OF MORNING for children, from as soon as they are allow their children to go swimming or BUSINESS born to age 18, that is the No. 1 cause to drink out of public fountains for fear The PRESIDING OFFICER. Morning of death—that they are going to be of contagion. business is closed. killed by a gun. Those children fortunate enough to f Somebody could say, well, that is escape the illness saw their classmates just the price you pay to live in Amer- return to school in the fall in leg Y2K ACT—MOTION TO PROCEED ica. That is ridiculous. That is ridicu- braces and watched newsreels of people The PRESIDING OFFICER. The Sen- lous. In our Constitution we have the in iron lungs. ate will now resume consideration of right to pursue happiness; we have the At the height of the epidemic in the the motion to proceed to S. 96, which right to life, liberty, and the pursuit of 1940s and early 1950s, polio struck be- the clerk will report. happiness—life, liberty, and the pursuit tween 20,000 to 50,000 Americans each The assistant legislative clerk read of happiness. So when we see gunshots year. In 1 year, 1952, 58,000 people as follows: causing so much death and mutilation caught the disease. Most of these peo- Motion to proceed to the consideration of in our society, we have to take a look ple were children. S. 96, a bill to regulate commerce between at, Where have we gone wrong? What is Mrs. Humphrey of Sioux City became and among the several States by providing wrong? Can we do something? interested in polio before the height of for the orderly resolution of disputes arising We have taken a couple steps in this the epidemic. In the 1930s, according to out of computer-based problems related to bill to try to fix this problem of guns, the Sioux City Journal, she saw first- processing data that includes a 2-digit ex- but we have a long way to go. I want to hand the ravaging effects of polio after pression of that year’s date. show a chart here which indicates why meeting a man who had been disabled f this is such an important issue in by the disease. THE JUVENILE JUSTICE BILL America. She and her husband, the late J. Hu- In the 11 years of the Vietnam war, bert Humphrey, a Sioux City dentist, Mrs. BOXER. Mr. President, at the we lost 58,168 of our precious people, became leaders in the fight against end of my remarks I am going to make and this country—this country—was polio. They headed the Woodbury a unanimous consent request—I see the torn apart. Every one of those deaths County chapter of the National Foun- Senator from Idaho is here; I want him was mourned by family and by the dation for Infantile Paralysis. Mrs. to know that—that I be permitted to greater American family. Humphrey was elected State chairman send an amendment to the desk regard- In the last 11 years, we have lost of the women’s division of that founda- ing the age people have to be before 396,572 people to guns. tion. they can buy a weapon or gain access Yes, it might be time to spend a few The Humphreys raised thousands of to a weapon. But I will not do that more days on this bill when you find dollars for equipment and therapy to now; I will wait until the end of my re- yourself in this kind of situation. You battle the disease. They enlisted enter- marks, and then I will make that unan- cannot turn away from facts. You may tainers and circus performers in the imous consent request. I wanted to want to turn away from facts, but you cause, hosting these individuals at make sure my colleagues knew I was cannot turn away from facts. fundraising parties. Their guests in- going to do that. As I look around and see these num- cluded Bob Hope, clown Emmett Kelly, I think it is really important, as we bers and I see what is happening in the and even an elephant that loved ham move forward on this juvenile justice news—in the last few days we had sandwiches. bill, to debate all the issues sur- about four or five other schoolkids Their work contributed to a climate rounding juvenile justice as fully and who, it was found, thank goodness, in which Jonas Salk developed the first as completely as we can. After all, were going to perpetrate a massacre polio vaccine. His vaccine, and another there isn’t a politician I know who does with guns at their schools —something developed by Dr. Albert Sabin, soon be- not say our future is our children. That rings out in my mind, and that is, came widely available. Thus, polio is is what our future is about. And as angry kids and guns do not mix. Angry virtually nonexistent in our country, healthy as our children are, that is as people and guns do not mix. although it remains a Third World healthy as our country will be. As sta- It seems to me that since we know threat. ble as our children are, that is how sta- you have to be 18 years of age to buy Mrs. Humphrey has said she has no ble our country will be. As productive wine, to buy beer, to buy cigarettes, secret for living such a long life. She as our children are, that is how produc- you ought to have to be 18 years old be- advises people to, in her words, ‘‘just tive our country will be. fore you can buy a gun. be happy and be well.’’ She has never As we all attempt in various capac- Some people might say, well, haven’t had an ache or pain. What she did have ities in our lives—as parents, and as we fixed that? Well, for handguns, 21; in abundance was empathy, kindness, grandparents—to ensure that our chil- that is, if you go to a dealer. I believe generosity, and devotion. Because of dren understand that in a society that Senator ASHCROFT said you have to be her contributions, millions of Amer- is worthy there should be as little vio- 18 to buy a semiautomatic at a gun May 18, 1999 CONGRESSIONAL RECORD — SENATE S5461 show. You have to be 18 if you go to a business. We are not on the bill. This Mr. CRAIG. I would object, but I dealer to buy a long gun. But if you go afternoon it appears we would be back hope the Senator from California would to a gun show or you make a private on the bill. At that time it would be not characterize that objection in the purchase, you can be 14 to buy a rifle appropriate to introduce that amend- improper fashion. Both the chairman of or a shotgun under Federal law. You ment. Therefore, I object. the Judiciary Committee and the rank- could be 12. So I think it is time for us The PRESIDING OFFICER. There is ing member, who are managing this to look at what we are doing in this objection. bill, are not on the floor. The Senator country. Mrs. BOXER. Mr. President, as the from California knows that the leader- Eighteen to buy cigarettes, 18 to buy Senator knows, I asked unanimous ship at this moment, both her leader beer or whiskey or wine, 18 to buy a consent to send this amendment to the and my leader, are trying to craft a semiautomatic handgun, 21 at a dealer. desk now. I do not want people to be unanimous consent agreement to allow But you could buy these long guns. And confused. In the Senate, you can send the Senator from California and others we have juveniles going to unlicensed an amendment to the desk any time to offer appropriate amendments. I am vendors at a gun show or at a flea mar- you want, if you ask unanimous con- in no way attempting to obstruct. I say ket and buying a long gun in what we sent and no one objects. The Senator that I believe her offering is inappro- call private sales. from Idaho is objecting. He is not al- priate and out of context of the way Now, I want to talk about what hap- lowing me to send this amendment to the Senate operates. Certainly, she pened in the Colorado massacre, be- the desk to get a vote on this amend- knows, as I do, that we work through cause one of the things people are say- ment, to put this amendment at the our leaders, and we also work through ing is, well, many laws were broken desk, to put it in line, when all I am the managers of the bill. I do not op- there so we don’t need any more laws. saying is you should be 18 before you pose her arguing her point before the The truth is, the young woman who can buy a firearm. Senate in the appropriate fashion, but transferred those guns to the juveniles, I just want to be clear, I am very dis- I certainly would object to the context because she said she didn’t know they appointed that this unanimous consent under which she has offered it. were going to use it for adverse pur- request has been objected to. I will Mrs. BOXER. Would the Senator poses, broke no law. She broke no law. stay on the floor as long as it takes to yield for a brief comment on my part She was 18. She purchased, as I under- offer this amendment, which merely here? stand it, three weapons and gave them says if you have to be 18 to buy ciga- Mr. CRAIG. Very brief, unless you to these kids. She broke no law. She rettes, you ought to be 18 to buy a object to my unanimous consent to was 18. She gave three long guns to the weapon. complete the morning? shooters, legal under Federal law. It The PRESIDING OFFICER. The Sen- Mrs. BOXER. I do not object. should not be. You should not be able ator’s time has expired. The PRESIDING OFFICER. Is there to sell a gun to a juvenile, and you The Chair recognizes the Senator objection? Without objection, it is so should not be able to give a gun to a ju- from Idaho. ordered. Mrs. BOXER. I want to make it clear venile unless you are the parent or the Mr. CRAIG. Mr. President, how much to my friend, my purpose here, as a grandparent or the legal guardian. time remains prior to adjournment for Senator from California who views this I could see that. I have talked to my the Tuesday lunches under the unani- issue as one of the most important we friend, PATRICK LEAHY, who told me he mous consent? will ever take up, is to move the bill gave up a hunting rifle to his daughter The PRESIDING OFFICER. Six min- along. That is why I offered to send my when she was 15 or 16. That was his utes remain. other amendment to the desk, to push choice. So we have in our amendment Mr. CRAIG. And the 6 minutes is in forward these two amendments that the ability for a grandparent or a par- place by unanimous consent, is it not? The PRESIDING OFFICER. Yes, for have already been heard, so that we ent or a legal guardian to give such a can move things along. But I appre- gun, but not for a friend to run down to discussion of S. 96. Mr. CRAIG. Mr. President, I ask ciate the Senator has a different view. the store and get a gun and give it to Mr. CRAIG. I thank the Senator from unanimous consent that I be allowed to you if you are 17 or you are 16 or you California. are 15. That shouldn’t be appropriate. proceed for 6 minutes as in morning Mr. President, it is important that I So the amendment that I want to put business prior to adjournment for characterize in the appropriate fashion forward here does not say a juvenile lunch. an amendment that passed the Senate can’t get a long gun from a parent, The PRESIDING OFFICER. Without that the Senator from California voted grandparent, or legal guardian. It objection—— for, I believe. That was the Ashcroft would not make it illegal for that juve- Mrs. BOXER. Reserving the right to amendment on semiauto assault weap- nile to possess a rifle or a shotgun or object, I don’t intend to object to my ons for young juveniles. She is wrong even to own such a gun, if a parent or friend. I know that my friend objected that it was tied to 18. It is tied to the a legal guardian gave it to them, or a to my laying down a new amendment. 21 age limit that is already current grandparent. However, if it isn’t a par- There were two amendments that al- law, as it relates to handguns and other ent or a grandparent or a legal guard- ready have been debated—the Kohl restricted weapons. I helped craft that ian, it would be illegal to give a juve- safety lock amendment and the Hatch- law, along with Senator KOHL, several nile a gun, any kind of gun, any kind of Feinstein gang amendment. years ago, and it became law, and we firearm. I am wondering if the Senator would are very proud of it. My children would call this a no- object if I would ask unanimous con- She is absolutely right to be con- brainer. It is pretty clear that we set sent that at 2:15 we resume consider- cerned about juveniles having guns. age limits for all kinds of things, but ation of the Kohl amendment No. 352, That is why we were very restrictive. not to own a firearm, unless it is a and that there be 5 minutes for debate, Any juvenile who brings a gun to handgun and now a semiautomatic and that upon use or yielding back of school is breaking the law. If it is a weapon. So there is a giant loophole. the time, the Senate proceed to vote on handgun and they are under 21 years of As I understand it, all of these guns or in relation to the amendment, and age, they have broken the law. would be able to be bought by a juve- upon disposition of that, the Senate re- What we are saying is that on private nile under current law. What I want to sume consideration of the Hatch-Fein- property, on a ranch or a farm where do, Mr. President, is bring guns in line stein amendment No. 353, that there be they are out hunting varmints, or if with cigarettes in terms of purchase. 5 minutes for debate and, upon the use they are en route to a registered shoot, I now ask unanimous consent that I or yielding back of time, the Senate if they have permission from their may offer that amendment to S. 254 at proceed to vote in relation to the guardian, they fall outside the law— this time. amendment with no intervening ac- guardian or parent. So what the Sen- The PRESIDING OFFICER. Is there tion, provided provisions of the pre- ator from California was talking about objection? vious unanimous consent remain in ef- in her proposed amendment is, in part, Mr. CRAIG. Mr. President, reserving fect. Would the Senator allow me to not unlike what is in current law in the right to object, we are in morning offer that? many respects. S5462 CONGRESSIONAL RECORD — SENATE May 18, 1999 It is true what she has said about I ask unanimous consent that I may dictment in a drug case, arraigned on long guns after 18 years of age. No have 30 seconds to set the record the drug charge, failed to report for question about it. But it is not true of straight on the Ashcroft amendment. drug testing. Failed to report for drug the semiauto assault weapons, if you Mr. CRAIG. I would allow that. testing. Carjacking and armed robbery include the Ashcroft amendment that The PRESIDING OFFICER. Without of Kristina Keyes. Failed to report for passed the Senate and is now incor- objection, it is so ordered. drug testing. Carjacking and murder of porated into the juvenile justice bill. Mrs. BOXER. Mr. President, I am Bettina Pruckmayr. Mr. President, in the juvenile justice holding the Ashcroft amendment in my Who is Bettina Pruckmayr? She was bill, as it relates to guns, we have hand. It says: a young, 26-year-old human rights law- crafted a juvenile Brady provision, a For purposes of this subsection, the term yer. You can’t see this picture much. very important part of the bill. We ‘‘juvenile’’ means a person who is less than She had just graduated from George- have dramatically restricted gun shows 18 years of age. town, a young woman who one evening and demanded, if this becomes law, So the age was not raised to 21. There was getting into her car and this Leo background checks. We have now, with are some on this side who would do Gonzales Wright abducts here, forces Senator KOHL and Senator HATCH, that. My amendment talks about all her to drive to an ATM machine, and crafted a trigger lock provision that I other guns. There is no age limit to go gets her ATM code. She cooperates in think is an important piece of language to a gun show. They can be 12 and buy every way: gives him the PIN number and ought to become law. for the ATM machine, says, ‘‘I only As I have just said, we have prohib- a long gun, a shotgun or a rifle. have $20 in my account,’’ and then she ited juveniles from owning semiauto f tries to run away. assault weapons with extended loading He follows her and, according to the devices. If we pass this bill, that be- RECESS paper, got angry and decided to kill comes law. The PRESIDING OFFICER. Under her, this 26-year-old lawyer. He said he Senator FEINSTEIN was able to pass the previous order, the hour of 12:30 was so enraged he stabbed her 38 times, an amendment that restricts certain having arrived, the Senate now stands plunging the knife into her body with importations of extended loading de- in recess until the hour of 2:15 p.m. such force that her sternum was vices or clips. If we pass this bill, it be- There being no objection, the Senate, crushed and many of the wounds, in- comes law. at 12:31 p.m., recessed until 2:16 p.m.; flicted with a 5.5 inch butcher knife, But if this bill becomes simply a gun whereupon, the Senate reassembled were more than 6 inches deep. control measure and not an extensive when called to order by the Presiding This young lady, this wonderful juvenile crime provision, it will not be- Officer (Mr. INHOFE). young attorney, was killed by someone come law. I hope the Senator from The PRESIDING OFFICER. The Sen- who should not have been able to kill California and others know that, that ator from South Carolina. anybody. He was on the streets, re- we ought to work cooperatively to- Mr. THURMOND. Mr. President, I leased early. He had already murdered, gether to pass a much broader law and ask to speak in morning business for was put in prison, but released early language to control violent juveniles about 10 minutes and then picked up again for an offense and their actions than to play the poli- The PRESIDING OFFICER. Without and not put back in jail. Then he mur- tics of guns, because that is what we objection, it is so ordered. have heard for the last day on the dered this young woman. So the judge (The remarks of Mr. THURMOND per- floor, the last 3 days, is the politics of sentenced him, and the judge said, taining to the introduction of S. 1064 guns. when he sentenced him 3 years ago: It are located in today’s RECORD under The Senator from California and I is my intent, sir, that you will never be ‘‘Statements on Introduced Bills and have voted for some new gun control released into society again. You, sir, Joint Resolutions.’’) measures. We believe those are exten- will die in jail. This court will do ev- The PRESIDING OFFICER. The Sen- sive measures that craft a window and erything in its power to ensure that ator from North Dakota. close the window that she and others you will never walk the streets of this Mr. DORGAN. Mr. President, I ask were objecting to. But it is interesting country or anyplace again. that once we close a window, they rede- unanimous consent to speak for 15 min- That is what the Federal judge said fine and create a new window and say, utes in morning business. to Leo Gonzales Wright, a double mur- and now this and now this, and the The PRESIDING OFFICER. Without derer, a man with a criminal record as goalposts constantly move. objection, it is so ordered. long as my arm, someone who should Mr. President, if the goalposts are f not have been on the streets to murder constantly moving, then there will be Bettina Pruckmayr. no juvenile crime bill because the WHO IS ACCOUNTABLE? This morning the story in the paper other side will have killed it. I think it Mr. DORGAN. Mr. President, this says that, while Judge Sullivan ordered is tragic that, after two years in a bi- morning I opened the Washington Post this man to be sent to Federal prison 3 partisan effort by the Senate Judiciary newspaper to the Metro Section and years ago, he is not in a Federal prison. Committee to craft a much broader bill saw on page 1 of the Metro Section, a He has been out here at Lorton in the dealing with violent juveniles, we headline that says, ‘‘Killer Sent To District of Columbia for the last 3 would see that prohibited by these ac- Wrong Prison After 2nd Murder.’’ I years. In fact, at one point he was tions. I hope we can get past that. I want to describe this killer and I want given part of a day to go home to at- hope this afternoon we can craft a to describe what has happened in the tend his mother’s wake. unanimous consent agreement for both District of Columbia, because I have The story talks about the judge’s sides to offer some reasonable amend- spoken about this case, I suppose, five anger. The judge has a right to be ments and that we can see final pas- or six times on the floor of the Senate angry. All of us have a need to be sage of this bill. over the last 4 or 5 years. angry. This is gross, utter incom- Mrs. BOXER. Will the Senator yield First, let me tell you about the man petence. I don’t know anybody in the to me? The PRESIDING OFFICER. The Sen- they are talking about, the killer. His criminal justice system in the District ator’s time has expired. name is Leo Gonzales Wright. On June of Columbia. I don’t know anybody Mrs. BOXER. Mr. President, I ask 10, 1974, he committed a rape and com- there. But there is such gross incom- unanimous consent that the Senator be mitted a burglary. On June 18, 1976, petence there it just staggers the given an additional 2 minutes. armed robbery; shot a store owner dur- imagination. Mr. CRAIG. I object. ing an armed robbery. February 1, 1976, I have spoken probably five times on The PRESIDING OFFICER. Objec- robbery and murder of a cab driver, Jo- the floor of the Senate about this mur- tion is heard. Under the previous seph Woodbury. Apprehended, incarcer- der, only because it is so reflective of order—— ated, pled guilty to second degree mur- what is wrong in our criminal justice Mrs. BOXER. Mr. President, the Sen- der and armed robbery. Released on pa- system. We know this guy is a mur- ator made a huge mistake in the anal- role some 17 years later. Arrested for derer. We knew it before and society ysis of the Ashcroft amendment. cocaine in the District of Columbia. In- put him in jail, and the parole folks let May 18, 1999 CONGRESSIONAL RECORD — SENATE S5463 him out early so he could murder on out of society for life, but we have Y2K ACT—MOTION TO PROCEED again. decided differently. We will stick him The Senate continued with the con- Who is accountable for that? Is some- back in Lorton and when his mother sideration of the motion. body going to lose his or her job? The dies, he can go to the wake. Mr. WELLSTONE. Mr. President, I last time a Federal judge sent him to Who makes that decision? Who is am ready with an amendment. I in- Federal prison he didn’t go. Who is ac- going to be held accountable for this, quire as to what the situation is right countable for that? Or he gets to go to because this is the same kind of stag- now on the floor. his mother’s wake, this fellow who has gering incompetence that led to this The PRESIDING OFFICER. The Sen- murdered twice. Who is accountable for person’s release in the first place, that ate is under the motion to proceed to that? Who is going to tell the led to this person not being appre- S. 96, the Y2K bill. Pruckmayr family: We are sorry. This hended when he failed a drug test while Mr. WELLSTONE. Mr. President, I is just the way bureaucracy works. on parole. It is the same staggering in- actually will not ask unanimous con- It ought not be the way the system competence. sent because there is nobody here on works anywhere. I am saying as one Member of the the majority party side. I want to go I want to say to the Mayor of this Senate that when we take a look at our forward with an amendment on the ju- city and the folks who run the criminal obligations and I as an appropriator venile justice bill, but I guess I will justice system in this city, I am not take a look at our obligations to the wait until Senator HATCH comes to the someone who bashes the city of the District of Columbia, I will insist that floor. District of Columbia. I have never done the mayor and others in this system I will, therefore, speak a little about that. Some do, but I do not. But I say demonstrate to us that they have held an amendment I will offer. That way, it today I am on the Appropriations Com- people accountable for this kind of be- certainly will not be tricky or sneaky mittee and you are going to pay a havior. on my part. price. You are going to pay a price for Too many innocent people die. I have this gross, staggering, incompetence, had a piece of legislation in the Sen- f unless someone is held accountable for ate—I have never been able to get it JUVENILE DELINQUENCY this kind of nonsense. passed and I will never quit trying— PREVENTION EFFORTS People have the right to expect the that says if a unit of government, a streets are safe. People have the right city, a State, decides they want to let Mr. WELLSTONE. Mr. President, I to expect that murderers are not walk- killers out early, time off for good be- am going to offer an amendment with ing up and down the streets in this havior; we want to manage you in pris- Senator KENNEDY. We will be joined by country. And in the District of Colum- on, so we will give you an inducement: other Senators as well. The operative bia, at least, they knew this fellow was If you behave in prison we will give you language of this amendment, to give it a murderer—he had murdered before, time off. If you commit violent crimes some context, calls upon the States to committed armed robbery before, com- and murder, we will let you out early if ‘‘address juvenile delinquency preven- mitted rape before—only for them to you are good behind bars so you can tion efforts and system improvement say somehow: We decided to put him walk the streets early and commit an- efforts designed to reduce, without es- back on the streets. Then a Federal other crime. tablishing or requiring numerical judge says: I want him in Federal pris- What I have said is those units of standards or quotas’’—we make that on forever. The District of Columbia government that decide to let people explicit; nobody is talking about any cannot even get that right. convicted of violent crimes out early, quotas—‘‘the disproportionate number We need to understand why. I do not if those people commit a violent crime of juvenile members of racial minority mean this as a threat. I just mean it as during a period when they would have groups who come into contact with the a promise. They are going to pay a still been serving their sentence in juvenile justice system.’’ price unless they demonstrate to the prison, should be held responsible to With some charts and with some American people and to this Congress the victims and the victims’ families. numbers, I will be able to talk about they are holding people accountable for Yes, that means lawsuits, recompense. this amendment, as will other Sen- this kind of gross negligence and gross There ought to be responsibility. ators. I want, for the record, to make it incompetence. Let’s find those who are letting these clear that since we are in a debate I never met Bettina Pruckmayr. I folks out of prison and say to them: about whether or not we are ready to have spoken in the Senate about a You be responsible. If you want to let proceed, I am on the floor with an young 11-year-old boy, I suppose, about them out early, then you bear the con- amendment. I am ready to go. a half dozen times as well. They found sequences. This particular amendment says that that young boy dead. They found grass Am I upset by reading this story this in our past juvenile justice legislation, and dirt between his fingers. He was morning? Yes, I am. Again, I did not most recently an amendment that was also killed by a guy who previously had know this young woman, but I have adopted by the Senate and the House in been convicted of murder. That young spoken about her often, and many oth- 1993, we said to States, including my boy was stabbed many times and left ers have, I believe, watched this case own State of Minnesota: You have a for dead in a pond, except he was not with bewilderment, wondering who on situation where you have kids, young dead. He tried to crawl his way out. He Earth could be in charge of a system people, minorities incarcerated all out died at the top of the embankment that is so fundamentally incompetent, of proportion to the percentage of the with dirt and grass between his fingers. a system that, in my judgment, ulti- population in your State. So that if He should never have been murdered. mately allowed this person to be free you have, let’s say, a 7 or 8 or 10 per- He was murdered by someone we knew on the streets to kill this young cent minority population but, in your was a murderer, because he murdered woman, a system that now can’t even juvenile justice system or correctional before. But the system said it was OK comply with a simple order by a Fed- facilities, close to 40 or 50 percent of that he be let out of jail. eral judge that this person ought to be the kids incarcerated are kids of color, The exact same thing is true with in Federal prison forever, never again what we said back in 1993, based upon this young woman, Bettina to be released on the streets in this some very good work by some very Pruckmayr. She ought not have died. country. good people in this field was, States, Her death is on someone’s conscience. I People of this country deserve better please take a look at your situation. do not know who it is. Who makes and expect better. Those of us in the Please collect the data. Please look at these decisions? Who makes the deci- Congress who have some capability of the why of this and see what kind of sions that these killers be turned loose applying some pressure to the people of strategies and programs you can de- on our streets? the District of Columbia to remedy velop and implement to improve upon I have come to the floor today only these problems have an obligation, it the situation. That is what this is all to ask the question: Who makes the de- seems to me, to use that leverage to about. cision to say to a Federal judge you force that to happen. For some reason in this bill that is may want this person in a Federal pris- Mr. President, I yield the floor. before us, this language has been S5464 CONGRESSIONAL RECORD — SENATE May 18, 1999 dropped. There are some 40 States that this forward. If I could suggest the ab- want to make a larger point right now, are working on this. There are some sence of a quorum so we can get this which is I believe the Senate ought to States that are doing a very good job, done, and as soon as that is granted, if be debating this question. I believe we but as a Senator, I am not about to let that is granted, then we will move on should have full discussion and full de- the Senate turn the clock back. I am to his unanimous consent and then try bate. not about to let us, all of a sudden, say to work out the time for the Senator. One thing I am certain of—and I that we no longer are interested in Mr. WELLSTONE. Let me say to my mentioned this yesterday—when we calling upon States to deal with this colleague that I think I will continue voted on authorizing airstrikes, I asked problem of disproportionate minority to, rather than go into a quorum call, my colleague, Senator BIDEN, what is confinement. I do not think we should speak about the subject matter. the purpose? I read yesterday from the do so. We cannot pass quotas. We never Mr. HATCH. Sure. RECORD; and in the RECORD it was stat- should. We cannot tell States how Mr. WELLSTONE. That might help. I ed hopefully to be able to stop the many kids should be incarcerated, for want to make it crystal clear that I am slaughter, hopefully to be able to get what crimes and all the rest. ready to go forward with this amend- Milosevic to the bargaining table, and What we can say is when you have ment. I am not asking unanimous con- to degrade the military force. disproportionate minority confine- sent that I be able to send this amend- I think in light of the last 8 weeks ment, when you have a situation where ment to the desk because I guess until and what has happened, in many ways the objectives have changed. The objec- all too many times kids of color are we have this agreement, then it most tives have changed. The bombing is given much stiffer sentences for having likely would be rejected. But I am more than just degrading the military committed the same offenses as white ready for debate on this amendment. Let me just say that when we get force. It has a different set of goals. kids, we want to know what is going I am not even right now going to into the thick of this debate, I want to on. argue about the pluses and the minuses What this legislation does—and it just bring to the attention of Senators, of all that. I think it is irresponsible purports to be juvenile justice legisla- Democrats and Republicans alike, the for the Senate not to take up this ques- tion—is take the justice out. It takes strong support, the strong passionate tion and not to have positive—not the justice out. The justice would be to support for this amendment on the hateful, not demagogic—really make sure there is no discrimination. part of the civil rights community in thoughtful, substantive discussion and The justice would be to make sure this country, broadly defined, on the debate. there is fairness. The justice would be part of children’s organizations, broad- I know we have other business right to make sure there is justice. ly defined, and on the part of lawyers now, but I am going to come back very The reason I mention this is that not and people who have been down in the soon and try to push this question only do the kids of color all too often trenches working with kids for years. much harder. find themselves way out of proportion This is an extremely important I yield the floor. to their numbers in the State to be in- amendment that speaks to a funda- Mrs. MURRAY addressed the Chair. carcerated but also to wind up in adult mental flaw in this legislation. So, for The PRESIDING OFFICER. The Sen- facilities. Moreover, these corrections the record, I am ready to offer this ator from Washington. facilities, if you want to call them cor- amendment. I will wait for the major- Mrs. MURRAY. Mr. President, I ask rections facilities, all too often become ity leader to come out. unanimous consent to speak as in the gateway to kids then being impris- I ask my colleague from Utah, who is morning business for 10 minutes. oned in adult life. leaving, could I ask unanimous consent The PRESIDING OFFICER. Without It is astounding, but in 1999, going that when we go to amendments on the objection, it is so ordered. into a new century, one-third of all Af- juvenile justice bill, that this be the Mrs. MURRAY. Thank you, Mr. rican American men, I think ages 20 to first amendment up? President. 26, are either in prison or on parole or Mr. HATCH. If the Senator would f they are waiting to be sentenced. withhold, right now we are trying to BOMBING OF THE CHINESE I did not make an argument here on work out a unanimous consent agree- EMBASSY the floor of the Senate that we should ment. We are trying to work out some Mrs. MURRAY. Mr. President, the not hold all citizens, regardless of color other matters, but I am certainly going Senate is focused on many important of skin, accountable for crimes com- to try to work with the Senator on issues this week, including youth vio- mitted. That is not my argument. But this. It is an important amendment, lence, the important Y2K issue, emer- my argument is, when we have some and we have to face it. So, if the Sen- gency appropriations for our Nation’s concern about possible discrimination, ator will just work with me, I will try farmers, victims of Hurricane Mitch, then let’s at least be willing to study to get this so that it works. and funding NATO’s efforts in the Bal- the problem. f kans. These are all very timely and im- I see my colleague coming in. I want KOSOVO portant debates, and I look forward to to, when the Senator from Utah gets joining my colleagues in discussing settled in, try to explain the situation. Mr. WELLSTONE. Mr. President, these important issues. I will give my colleague time to catch while we are waiting, let me just re- For a moment, though, I would really his breath. peat a little bit of what I said yester- like to focus the Senate on the recent I say to Senator HATCH, I did not day. I have been speaking with some accidental bombing of the Chinese em- want to ask unanimous consent to other Senators about this as well. bassy in Belgrade and on the U.S.- offer an amendment because I did not While I understand that we have a very China relationship. see anybody on the other side. I was crowded schedule, I do believe that the The bombing of the Chinese embassy saying to the Chair that I am ready to Senate should take some time this in Belgrade cannot be trivialized. As go forward with an amendment, this week to discuss or to debate our mili- President Clinton has repeatedly ex- one dealing with disproportionate mi- tary action in Kosovo. pressed, the U.S. and NATO accepts nority confinement, because I know I have spoken now for the last sev- full responsibility for this terrible mis- you want to move the bill forward. eral weeks about this. I will not repeat take. We all extend our apologies to I have been in contact with Senator all that I have said. Next time I come the Chinese people and the families of KENNEDY, and if you are ready, I am to the floor with specific proposals and those who were killed and injured. certainly ready to debate it, and we ideas, I hope to be able to do that with I am prepared to accept that this un- will try to do it within a reasonable other Senators. And I see my colleague fortunate accident caused a lot of time limit. from Washington is on the floor, so I anger among the Chinese Government Mr. HATCH. If the Senator will yield, am going to yield in about 30 seconds, and the Chinese people. That is to be I believe the majority leader is going if I can. But quite apart from what spe- expected. Certainly our country would to propound a unanimous consent re- cific proposals I want to make as a be outraged and saddened if our em- quest. I am hopeful the minority will Senator about where we are and where bassy had been bombed under such cir- agree to this request so we can move I believe we must go as a nation, I cumstances. May 18, 1999 CONGRESSIONAL RECORD — SENATE S5465 But our regret and apologies to the agree and I believe that many in Con- and her Chinese counterparts to re- Chinese people do not diminish the fact gress will judge China’s ability to play sume negotiations at the earliest op- that we cannot accept the deliberate a larger role on the international scene portunity. harassment of U.S. citizens and de- by her handling of this temporary cri- Because of the importance of the struction of U.S. property in China. sis in the relationship with the U.S. U.S.-China relationship, I believe a The reports from China—the television The United States, and particularly high-level U.S. delegation to China, images of our embassy targeted by or- the Congress, must also demonstrate headed by Secretary of Defense Wil- chestrated mobs—troubled me a great our commitment to responsible global liam Cohen, is warranted as soon as deal. leadership. We should be cautious as possible. I realize the difficulties of Americans are dismayed at the grow- last week’s unfortunate events enter sending the Secretary of Defense half ing animosity of the Chinese people to- the contentious political debates over way around the world while the U.S. is wards the United States. For the U.S.- U.S.-China relations. I continue to be- prosecuting military action in the Bal- China relationship to succeed, both lieve a mature and stable relationship kans. But the U.S.-China relationship countries must take strides to ensure with China is in our national interest. is so important, and we have been that the presentation of the relation- It is not a goal we should be prepared struggling with so many difficult ship is balanced and fair. Clearly, this to abandon. A mature and stable rela- issues within the context of that rela- did not happen in the days before or tionship is certainly in the best inter- tionship, that I believe the maximum after the tragic embassy bombing. est of the American and Chinese peo- effort must be made to provide the Chi- I am heartened that things do seem ple. Though progress toward this goal nese leadership with a full and com- to have calmed down throughout has been hampered by the events of plete understanding of the accidental China. It is encouraging that President this last week, it is still a goal we bombing of their embassy. I know that Clinton and President Jiang have spo- should strive for. We must continue Secretary Cohen is well respected by ken and resumed high-level discussions our dialogue with China. the Chinese, and a trip by the Sec- over the bombing and other important China should expect continued U.S. retary to China would have the dual U.S.-China issues. interest and in fact, vigilance, on the purpose of stressing to the Chinese the Some of my colleagues have men- variety of issues important to the U.S. great importance we place on having a tioned the phenomenal work of our government and the American people. mature and stable relationship and un- Ambassador in China, Jim Sasser, who There will not be widespread conces- derscoring the accidental nature of the is our former Senate colleague and a sions granted by the United States. Embassy bombing. close friend. He has served our country The Embassy bombing was a tragic Much progress has been made on the with great honor. I commend him and mistake, not a propaganda tool to be U.S.-China relationship in recent all of our embassy and consulate offi- deployed at the bargaining table. years. The Zhu Rongi visit was impor- cers who are serving in China. Consistent with admitting the mis- tant. This followed two Presidential Ambassador Sasser has given us take and accepting responsibility, the Summits in Washington and Beijing. It great insight as he addressed the tragic United States and NATO should be pre- is my hope that the recent tragic bombing of the Chinese Embassy and pared to enter into talks with China events do not derail the progress made the demonstrations and violence that about appropriate compensation for in- toward building a strong and com- followed in Beijing and other Chinese dividual and government losses. This is prehensive U.S.-China relationship, cities. not unprecedented. In the late 1980’s, based on trust and mutual under- Let me share a few of Ambassador Iraq paid compensation to the families standing. The relationship can only Sasser’s comments with my colleagues of U.S. sailors killed in the accidental exist if both governments and both as I do believe they serve as a reminder bombing of the U.S.S. Stark during the peoples can deal with each other hon- that the U.S.-China relationship is, in Iran-Iraq war. Following the downing estly and forthrightly. Now is the time my opinion, one of our most difficult of an Iranian passenger plane, the to address the issues standing in the and most important relationships. United States offered to compensate way of accomplishing this. Now is the Ambassador Sasser said, the victims families. And the U.S. is time to move forward. When all the emotion has drained out of now in the midst of paying compensa- Mr. President, I yield the floor, and I this terrible tragedy, then wiser heads in tion for property damage and to the suggest the absence of a quorum. both China and the United States are going victims’ families for last year’s cable The PRESIDING OFFICER. The to realize it’s in both countries’ interest to car accident in Italy. clerk will call the roll. try and resume constructive ties. . . . When The U.S. and China both stand to we are all through grieving over this very The assistant legislative clerk pro- tragic event that occurred, the United States gain by closer relations. China has be- ceeded to call the roll. will still be the economic superpower in the come one of our largest trading part- Mr. INHOFE. Mr. President, I ask world and China will still be the most popu- ners, creating high-wage jobs for thou- unanimous consent that the order for lous nation in the world and an emerging sands of American families and open- the quorum call be rescinded. power in this region. ing markets for American businesses The PRESIDING OFFICER (Mr. Once again, our former colleague has that depend on overseas trade. While CRAPO). Without objection, it is so or- offered wise counsel to the Senate that trade is the foundation of the U.S.- dered. will be very important to future China China relationship, my home state of f debates. Washington’s relationship with China The unfortunate Embassy bombing clearly illustrates the promise of EXPLANATION OF VOTE should not be used by those in China as broader ties between Americans and Mr. INHOFE. Mr. President, I ask a justification for severing or post- the Chinese people. Washington’s many unanimous consent that the following poning ties with the U.S. Nor should cultural, educational and commercial brief statements be printed at the ap- China think that this incident will ties are fostering dramatic change in propriate places in the permanent lessen America’s resolve as we address China; change led by and on behalf of RECORD of May 14 immediately fol- the issues of human rights, weapons the Chinese people. lowing Votes 118 and 119, respectively: proliferation, or the issues related to With the recent visit to the United Mr. President, I was absent from the espionage targeted at U.S. nuclear fa- States by Chinese Premier Zhu Rongi Senate today in order to be a pall- cilities. and the ongoing negotiations between bearer at a funeral in Tahlequah, Okla. One of my hometown papers offered our two governments, the U.S. and Had I been present, I would have voted the following in an editorial last week, China are poised to reach a truly his- ‘‘no’’ on the Hatch-Craig amendment. the editorial reads, ‘‘China is furious toric agreement, paving the way for This position is consistent with my and rightly so. The test, however, is China’s entry into the World Trade Or- vote to table the same amendment on whether China plays the incident like ganization this year. I support China’s May 13. The tabling motion failed 3–97, the country it wants to be, a world entry into the WTO on commercially thus leading to the today. I believe my leader that sees events and relation- viable terms and I encourage the presence would not have changed the ships in a larger context.’’ I completely United States Trade Representative outcome since determined efforts were S5466 CONGRESSIONAL RECORD — SENATE May 18, 1999 being made to switch just enough votes Their conduct is incomprehensible. We Cox has used the ‘‘clearance’’ delay to re- to assure the amendment’s passage. have apologized for bombing the Em- write the turgid prose and to enliven the re- Mr. President, I was absent from the bassy, which we would expect some- port with photographs and diagrams showing Senate today in order to be a pall- body to do with a similar mistake dam- what missiles and satellites were stolen; that might even awaken television interest. bearer at a funeral in Tahlequah, Okla. aging ours. This is a war going on, and The Senate Intelligence Committee, head- Had I been present, I would have voted things happen, as General Schwarzkopf ed by Richard Shelby and Robert Kerrey, is ‘‘yes’’ on the vote to table the Shumer said, in the fog of war. not about to hold still for the abuse of clear- amendment. China is not the one to lecture the ance. After it submitted one of its reports on The PRESIDING OFFICER. Without world on free and open demonstrations. nuclear lab laxity for review to protect intel- objection, it is so ordered. China is not the one to lecture us on ligence sources, it learned of a refutation of Mr. INHOFE. Mr. President, I yield how we should conduct our economy. that bipartisan report in work by the Na- tional security Council response machine. the floor. China has a great deal to explain on ev- The White House was told that the submis- f erything from their attempt to steal sion of documents was for security clearance our secrets, spying on our country, and only. It was not to be used for (a) advance Y2K human rights violations in their own policy review so that ‘‘rapid response’’ would Mr. BYRD. Mr. President, I regret country and their own repression. occur in the same news cycle as the reports’ that, earlier today, I was compelled to Mr. President, I ask unanimous con- release, or for (b) leakage of portions to the vote against the Majority Leader’s clo- sent that Mr. Safire’s column be print- press for ‘‘inoculation’’ to later reduce its ture motion with respect to S. 96, the ed in the RECORD. impact as ‘‘old news.’’ There being no objection, the article The intelligence business is not the pub- Y2K litigation reform bill. I did so, licity business. National security reports are however, for the simple reason that I was ordered to be printed in the not to be equated with the Starr report believe it is vitally important that the RECORD, as follows: about hanky-panky. The Shelby committee Senate first complete its business on [From the New York Times, May 17, 1999] made plain to the Berger Rapid-Apology Cen- the juvenile justice bill before moving CUT THE APOLOGIES ter that if this undermining of inter-branch on to other business. We are on the (By William Safire) comity did not stop forthwith, ‘‘we’re going to zero out the N.S.C. staff budget.’’ (By verge of finishing our work on this WASHINGTON.—After a week of whipping up withholding some $15 million, Congress could much-needed legislation, and it would hatred of Americans by accusing us of delib- force the spinners onto the Department of erately murdering Chinese journalists in have been, in my opinion, a grotesque Defense payroll or cause agonizing layoffs in Belgrade, President Jiang Zemin Deigned to waste of time and effort to simply the White House basement). throw that away in some artificial rush accept a call from The Great Apologizer. In both House and Senate, bipartisan com- For the fifth time, President Clinton mittees are discovering serious intelligence to proceed to the Y2K bill. Despite my apologized, expressed regrets, sent condo- weaknesses: too little analysis of too much vote, I look forward to having the op- lences, kowtowed and groveled, begging to be collection. ‘‘If there’s a flare-up in Iraq, portunity to turn our attention to the believed that we did not bomb China’s em- North Korea or the Andes,’’ worries an inves- Y2K litigation problem as soon as we bassy on purpose. tigator, ‘‘we could not handle it and Kosovo, But it is America that is owed an apology. have finished our work on the issue of too.’’ After an accident of war, we have been false- youth crime and violence. The most troubling breakdown is in coun- ly accused of killing Chinese with malice Mr. LEAHY addressed the Chair. terespionage. The F.B.I. and C.I.A., which aforethought. That is a great insult, com- The PRESIDING OFFICER. The Sen- are not blameless, are telling Congress the pounded by the calculated trashing of our weakest link is the Department of Justice. ator from Vermont is recognized. embassy by a bused-in mob encouraged by What began as corrupt political protection f police. became dangerous national security laxity. The truth is that Beijing’s leaders, worried Who will apologize for that? WILLIAM SAFIRE’S ARTICLE ON about demonstrations on the 10th anniver- CHINA sary next month of the Tiananmen massacre, Mr. LEAHY. Mr. President, I suggest Mr. LEAHY. Mr. President, yester- are milking this mistake for all it is worth. the absence of a quorum. day, in the New York Times, William By lying about our intent and suppressing The PRESIDING OFFICER. The Safire had an essay called ‘‘Cut the coverage of our prompt admission of error, clerk will call the roll. the nervous rulers are diverting their peo- The assistant legislative clerk pro- Apologies.’’ I am shortly going to ask ple’s anger toward us and away from them- unanimous consent that it be printed ceeded to call the roll. selves. Mr. HATCH. Mr. President, I ask in the RECORD. It perhaps says some By demanding we investigate the accident, unanimous consent that the order for things beyond what I might, but I am they seek to water down the current Con- the quorum call be rescinded. concerned. I have watched what has gressional investigations of their nuclear The PRESIDING OFFICER. Without happened and the reactions of China to spying—a series of penetrations of our lab- objection, it is so ordered. the accidental bombing of their Em- oratories and political campaigns that was no accident. f bassy in Belgrade. I hold no brief for By making Clinton beg forgiveness, they the totally negligent—I might even say are able to cancel human rights talks while VIOLENT AND REPEAT JUVENILE stupid—mistake made in the bombing extracting new trade concessions. The deal: OFFENDER ACCOUNTABILITY of that Embassy. It is as inexcusable they will accept Clinton’s apologies when he AND REHABILITATION ACT OF and unexplainable as the maps that caves in on their application to the World 1999 brought about the death of the people Trade Organizations. No wonder that no reputable diplomat The Senate resumed consideration of in the cable car in northern Italy. would accept the President’s pleas to replace the bill. Having said that, however, for the our fed-up ambassador in Beijing. Clinton is Pending: Chinese, who will not allow any kind of now trying to appoint an admiral whose ami- Lott (for Allard) amendment No. 351, to demonstrations—and haven’t since able association with the Chinese military allow the erecting of an appropriate and con- Tiananmen Square—criticizing their and U.S. arms contractors will be closely ex- stitutional permanent memorial on the cam- own government, to whip people into a amined by the Senate. pus of any public school to honor students frenzy and let them go and destroy Though Clinton is softer than ever on and teachers who have been murdered at the much of our Embassy and the British China, he’s taken a hard line in resisting school and to allow students, faculty, and Congress’s investigations into Beijing’s pen- administrative staff of a public school to Embassy in Beijing, and to say how etration of our nuclear labs and our political hold an appropriate and constitutional me- shocked they are that this is going on, process. His latest trick: the improper use of morial service on their campus to honor stu- and that we have done that, demanding documents submitted for intelligence declas- dents and teachers who have been murdered all kinds of apologies, frankly, is irre- sification to prepare advance refutations of at their school. sponsible and unimaginable. I can’t ac- evidence of security lapses. Kohl/Hatch/Chafee amendment No. 352, to cept it. I don’t know how many people The White House has delayed for four amend chapter 44 of title 18, United States would. months the three-volume report on security Code, to require the provision of a secure gun laxity by the House select committee headed If the Chinese think that by doing storage or safety device in connection with by Representative Chris Cox. Clinton spin- the transfer of a handgun. this somehow we are now going to ners are already distributing a packet of re- Hatch/Feinstein amendment No. 353, au- jump in and let them join the WTO and prints of derogations by offended scientists, thorizing funds for programs to combat gang everything else, that is a sad mistake. China-defenders and favorite journalists. violence. May 18, 1999 CONGRESSIONAL RECORD — SENATE S5467 Byrd/Kohl amendment No. 339, to provide Mr. HATCH. Mr. President, Let me sion about Republicans and ‘‘gun con- for injunctive relief in Federal district court modify my request to make it no later trol.’’ Hardly a talk show goes by with- to enforce State laws relating to the inter- than 4 o’clock. out a pundit opining on whether it’s a state transportation of intoxicating liquor. The PRESIDING OFFICER. Without Feinstein modified amendment No. 354, to true epiphany or a ‘‘poll-driven ploy.’’ modify the laws relating to interstate ship- objection, it is so ordered. Well, cynics can believe whatever they ment of intoxicating liquors. Mr. HATCH. The five amendments want. But my sense is that, in the Frist amendment No. 355, to amend the In- that are going to come up in this order, wake of Littleton, both sides have dividuals with Disabilities Education Act and I hope people will not use their 5 grown up a bit: Democrats in acknowl- and the Gun-Free Schools Act of 1994 to au- minutes, are: the Allard amendment on edging that culture has something to thorize schools to apply appropriate dis- school memorials; the Kohl-Hatch do with juvenile violence today; and cipline measures in cases where students amendment on safety trigger locks; the have firearms. Republicans in endorsing reasonable Wellstone amendment No. 356, to improve Hatch-Feinstein amendment on gangs; measures to take handguns out of the the juvenile delinquency prevention chal- the Byrd amendment on interstate hands of kids who shouldn’t have them. lenge grant program. transportation of intoxicating liquor; So I applaud all of those on both Sessions/Inhofe amendment No. 357, relat- and the Feinstein amendment to mod- sides of the aisle who have ‘‘converted’’ ing to the placement of a disclaimer on ma- ify the laws pertaining to interstate on safety locks. I appreciate those who terials produced, procured or disseminated shipment of liquor. have been with us from the beginning, as a result of funds made available under Senator KOHL, why don’t we begin this Act. including our cosponsor Senator Wellstone amendment No. 358, to provide with the Kohl-Hatch amendment and CHAFEE, who has been so resolute in for additional mental health and student we will use our 5 minutes. support of reasonable gun control service providers. AMENDMENT NO. 352 measures. And I credit Chairman Sessions (for Ashcroft) amendment No. 348, Mr. KOHL. Mr. President, our amend- HATCH, Senator LEAHY, and Senator to encourage States to prosecute violent ju- ment is a reasonable, bipartisan meas- CRAIG for their work in making this a veniles as adults for certain offenses involv- ure that will help protect children from better amendment. And one that we all ing firearms. Wellstone amendment No. 359, to limit the the countless accidental deaths, sui- believe will shortly become law. effects of domestic violence on the lives of cides and violent crimes that result The PRESIDING OFFICER. The Sen- children. from improperly stored handguns. Sim- ator from Utah. Hatch (for Santorum) amendment No. 360, ply put, it would require that every Mr. HATCH. Mr. President, this child to encourage States to incarcerate individ- handgun be sold with a child safety de- safety device amendment will, first, uals convicted of murder, rape, or child mo- vice, but leaves the decision about provide qualified immunity to law- lestation. abiding gun owners who use a trigger Ashcroft amendment No. 361, to provide for whether to use a safety device to indi- school safety and violence prevention and vidual gun owners. Here’s why we be- lock or gun storage device, and two, it teacher liability protection measures. lieve you should support it. will require the sale of a child safety Mr. HATCH. Mr. President, I ask First, we’ve added a section that ex- device lock or gun storage device with unanimous consent that the Senate tends limited liability protection to the sale of every handgun sold by a li- now resume S. 254, and that the first gun owners who lock up their handguns censee. five amendments previously debated to properly. This liability protection is In the past week it has been clear the pending juvenile justice bill now be very narrow—it does not extend any that some on the other side of the aisle the pending question in the order in immunity to manufacturers, and it believe that playing politics is more which they were offered, with up to 5 does not apply if the gun owner acted important than taking action. Some— minutes for each side for additional de- negligently. We believe that this provi- but not all. So I am pleased to say that bate prior to a vote on or in relation to sion actually improves the bill by cre- Senators KOHL, CHAFEE, and I have those amendments. ating incentives to use child safety joined forces to produce a compromise I further ask that following the dis- locks. on child safety locks that lays aside position of debate on each amendment, Second, the American people over- partisan rhetoric and demonstrates the the amendment be laid aside, and at whelmingly support it. According to a positive steps that can result from put- the hour of 3:50 p.m. today the Senate recent Newsweek poll, 85 percent of the ting aside such rhetoric and focusing proceed to vote on or in relation to the American public backs legislation re- on protecting our children. amendments in the order in which they quiring the sale of child safety locks Under the Kohl-Hatch-Chafee amend- were offered, with 2 minutes prior to with new handguns. ment, for the first time every handgun each vote for explanation. Third, despite the pledges of some of purchased from a manufacturer, im- Mr. LEAHY. Reserving the right to the largest manufacturers to sell safe- porter, or licensed dealer will have to object—and I will not object because ty locks with every handgun, most be sold with a storage or child safety the distinguished Senator from Utah manufacturers are still not including lock device. and I have been trying to move this safety locks. In fact, the Los Angeles This amendment will not change the forward—is the Senator from Vermont Times reported, ‘‘only a handful of the fundamental principle that govern- correct in understanding that we would arms makers who eventually signed on mental action cannot be used to micro- do 10-minute votes? The 2 minutes is in are complying, according to industry manage specific methods of parental addition to the 5 minutes? The reason insiders.’’ responsibility. We do not expect par- I ask is that I think the Senator from Fourth, and most importantly, child ents to let their small children drive a Utah will have to adjust the time of safety locks will help save lives. Each car or play with matches, and we do the first vote. year, nearly 500 children and teenagers not expect them to permit their chil- I want to make sure I understand. are killed in gun-related accidents, dren to have unsupervised access to Are we talking about 5 minutes on thousands are injured, and approxi- firearms. This amendment will provide each side, but then an additional 2 min- mately 1,500 children and teenagers parents with a tool to help prevent utes between the votes, so, in effect, 7 commit suicide with guns. Perhaps as such access. minutes on each side? disturbing, nearly 7,000 violent crimes Last year the Senate overwhelmingly Mr. HATCH. The 2 minutes would be each year are committed by juveniles agreed to an amendment that funded after the first vote. using guns they found in their own gun safety education by State and Mr. LEAHY. Mr. President, I ask homes. local entities. It also required gun that the unanimous consent request be Just last weekend, a 7-year-old Mil- dealers to stock safety devices. These modified only to this extent: The dis- waukee boy named Brian Welch killed efforts encouraged people to lock up tinguished Senator from Utah gave an himself accidentally with a gun he their guns and to act safely and respon- opening time, and I think, because we found in his father’s drawer. What do sibly. This amendment is another step had some time slip from when this was we say to Brian’s family, if we cannot in enhancing this successful effort. written, the Chair be allowed to start takes steps as reasonable as this one? I should add that no child safety lock that initial vote at the time the var- You know, Mr. President, in the past or gun safe will ever make our society ious 5 minutes would run out. few weeks there’s been a lot of discus- safe from gun violence if criminals who S5468 CONGRESSIONAL RECORD — SENATE May 18, 1999 use firearms are not aggressively pros- For them, the loss or serious injury of I can assure the Senator from Ari- ecuted and punished. No safety device a child is absolutely devastating. Yet zona that it is indeed the intention of will stop a felon, but jail will. So once these accidents are wholly preventable. the amendment that devices such as again I call upon the Attorney General That is why we are taking action Saf-T-Hammer, an easily removable to start prosecuting criminals who use today. The child safety lock amend- hammer, are included within the pur- guns. Only then will we truly be able to ment, No. 352, that we are proposing view of the amendment. I also believe create a safer environment for our chil- would require that all future sales of that on its face the definition of a safe- dren. handguns be accompanied by a locking ty device in 18 U.S.C. 921(34) would in- This amendment gives law-abiding device—a mechanism that prevents the clude a device such as Saf-T-Hammer. gun owners the peace of mind of know- guns from being discharged without a Accordingly, when a handgun is manu- ing their children are protected. Fur- key or combination lock. factured or retrofitted with Saf-T- ther, it will give law-abiding gun own- Earlier in the debate on S. 254, the Hammer, it would be, under the terms ers qualified immunity from civil suit Senate voted overwhelmingly to ap- of the amendment, exempt from the if they use the child safety device or prove an amendment offered by Sen- amendment’s prohibitions on transfer. child safety lock. ators HATCH and LEAHY that requires Handguns so equipped with a Saf-T- This amendment is a good idea for internet services providers to give par- Hammer may be freely transferred gun owners and a good idea for chil- ents a tool to filter violent material under the amendment. dren. I am pleased we have bipartisan their children could be exposed to on I hope this answers your question and support in the Senate for this amend- the internet. It was an amendment to clarifies the legislative intent of the ment. I hope it will be agreed to. provide parents with a tool to help amendment. Mr. CHAFEE. Mr. President, I am keep their children safe. The amend- Mr. KYL. I thank the distinguished pleased to join with Senator KOHL in ment Senator KOHL and I are offering Senator from Wisconsin for his time support of the commonsense child safe- with Senator HATCH is identical in its and clarification of the amendment re- ty lock amendment. The amendment purpose. It is meant to provide parents garding this important issue. we had offered last Friday addresses a with a tool—the trigger lock for a The PRESIDING OFFICER. The time shameful—and uniquely American— handgun—to keep their children safe. on the amendment has expired. tragedy: that of children finding hand- I appreciate the support of the Judi- Mr. LEAHY. Mr. President, I ask guns, and accidentally causing great ciary Committee chairman and urge unanimous consent for 1 additional harm to themselves or others. my colleagues to show the same level minute. Most of these terrible shootings of support for this amendment as they The PRESIDING OFFICER. Without occur in the home, when a curious showed for the internet filtering objection, it is so ordered. youngster finds a parent’s loaded hand- amendment last week. Mr. LEAHY. Mr. President, I know gun in the closet, under the couch Mr. KYL. Mr. President, I rise for the the distinguished Senator from Wis- cushions, or in a bedside table drawer. purpose of entering into a colloquy consin and distinguished Senator from The child then shoots a sibling, a with the Senator from Wisconsin, Sen- Utah have worked in good faith on this friend, or him- or herself. And all too ator KOHL, regarding his Safe Handgun amendment. My one concern is that often the result is death, or permanent Storage and Child Handgun Safety the immunity provision does not define injury. Amendment (#352) to S. 254, the juve- the term ‘‘person,’’ so it could include One of the most tragic examples of nile crime bill. not only individual gun owners but children accidentally shooting other The amendment makes it unlawful also dealers, manufacturers, possibly children occurred last year in Greens- for any licensed manufacturer, im- even governments. I mention that not boro, North Carolina. A 4-year-old who porter or dealer to sell, deliver or to in any way deter this from being was attending the sixth birthday party transfer any handgun to any person agreed to, but I say to the distin- of a friend, found a loaded gun in a (other than under certain exceptions) guished Senator from Utah and the dis- purse in the house where the party was unless the transferee is provided with a tinguished Senator from Wisconsin, we taking place. The 4-your-old shot and secure gun storage or safety device. I will all be on the conference if this bill killed the 6-year-old. am interested in clarifying the intent passes. That provision I suggest we The National Center for Health Sta- of the amendment with regard to gun may want to define more narrowly in a tistics tells us that every day in Amer- safety devices. conference. ica 13 children are shot and killed, and Senator KOHL, as you know, a com- The PRESIDING OFFICER. The time every day at least one of those deaths pany in my home state of Arizona has on the amendment has expired. is accidental. Every year in America, developed a handgun safety device The Senate will move to the next approximately 1,500 children and teens called Saf-T-Hammer. It is a removable amendment. commit suicide with guns. The Bureau hammer which can be incorporated The Senator from Colorado. of Alcohol, Tobacco and Firearms esti- into new guns or retrofit most hand- AMENDMENT NO. 351 mates that about 7,000 violent crimes guns now in circulation. When the top Mr. ALLARD. Mr. President, I under- are committed by juveniles each year of the hammer is removed, the gun stand I have 5 minutes. with guns they found in their own cannot be fired. Parents can take off The PRESIDING OFFICER. The Sen- homes. Today, in few other countries the hammerhead and carry it with ator is correct. are children so affected by gun vio- them when they leave home, secure in Mr. ALLARD. I will be talking about lence, accidental or otherwise: CDC the knowledge that no unauthorized amendment No. 351, which is the Allard tells us that the rate of death among user—including children—will be able amendment. children under age 15 from guns in this to fire the gun. Mr. HATCH. Will the Senator yield? country is 12 times that of the other 26 Because Saf-T-Hammer is a remov- Mr. ALLARD. I yield to the Senator. major industrialized nations combined. able safety device, is it your intent, Mr. HATCH. The Senator will have A 1995 study by the Journal of the Senator KOHL, that Saf-T-Hammer 21⁄2 minutes and the other side will American Medical Association found would still qualify as a gun safety de- have 21⁄2 minutes. that there is a gun in approximately vice for purposes of your amendment? Mr. ALLARD. I stand corrected. I half of all U.S. households. Another Mr. KOHL. Mr. President, I thank the thank the Senator from Utah. 1995 study by the SAFE KIDS Cam- Senator from Arizona for his question. Basically, there are two parts to this paign found that 59 percent of parents I am indeed familiar with Saf-T-Ham- amendment. There is a part which we with guns admitted that they don’t mer and share the Senator’s enthu- refer to as the ‘‘findings’’ part, and an- lock-up their guns. siasm for the promise of handgun safe- other part which deals with the actual The statistics about children who are ty that this device offers. I commend statutory change. harmed accidentally by handguns are the intent of the developers of the de- The first part, in findings, just says appalling. They are a national shame. vice to safeguard the lives of innocent the local school district, working with And to grieving parents, siblings, and children and others who might other- the school board and the administra- friends, they are not just statistics. wise be killed or injured by handguns. tion and the parents and the students May 18, 1999 CONGRESSIONAL RECORD — SENATE S5469 in a school, if they decide to hold a me- for these memorial services to include those of the tragedy, I have been in me- morial service or to erect a memorial, spiritual aspects, including the reading morial services, I have been in church- if they reach a local consensus, there is of prayers and scripture and the per- es and in synagogues where we have a finding by the Senate and by the Con- formance of religious music. prayed for those who have been the vic- gress that it is OK for them to go ahead This amendment also states that the tims of tragedies. We have done it and do that. It is just a finding. It is Senate believes that an appropriate knowing that was an appropriate place not a change in law. and constitutional permanent memo- to do it. I have gathered with families There is a second part that does deal rial can be erected on school grounds, a in public gatherings where we have ex- with statutory changes where there is part of which can include religious pressed, within the context we do in a a change in law, and that says if there symbols, motifs, or sayings. public setting, our feelings, and that is happens to be a lawsuit based on the This amendment will, hopefully, ease appropriate. first amendment or one of the other some of the pain associated with pre- As I said, I do not know how the peo- amendments, then on the first amend- paring memorial services for loved ple, not only Columbine but so many ment it says the school district would ones killed in any act of school vio- communities which have been visited pay for its own legal expenses and then lence. I thank the Senator from Colo- with tragedy, can even get through the the litigants would then pay for their rado for offering this amendment and tragedy. I do not know how a parent in own; whoever is suing would pay for commend him for it. these tragedies again, without fear, can their own legal expenses. Mr. ALLARD. Mr. President, I thank ever send their child off to school. The second part of it says the U.S. the chairman. I yield the floor. Let us not, in our unified intent The PRESIDING OFFICER. The Sen- Attorney General may defend the within this body to show our sym- ator from Vermont. school district in the lawsuit. It is a Mr. LEAHY. Mr. President, I cannot pathy, in any way diminish the protec- very straightforward amendment. think of anything that a parent, a com- tions of our first amendment. It is too The parents of Cassie Bernall re- munity, or a family would want to do important to all of us. cently contacted me about the dif- more than to join in their expressions I have great respect for the sponsor ficulty they have encountered in estab- of grief if a disaster struck. of this amendment. I have great re- lishing a memorial for their daughter. In my family, a disaster like Col- spect for his honesty and his feelings of This is in relation to the Columbine umbine—in fact, it is almost impos- sympathy. I have joined with other High School tragedy. To quote Cassie’s sible to say how one would even get Senators on the floor of the Senate in father: through it. I suspect we would gather expressing my sympathy. I worry this Our Cassie was the young woman who bold- as a family; we would gather with our is overly broadly against the first ly answered to a gunman ‘‘yes’’ when he community; we would go to our amendment, and because of that, I asked if she believed in God, prompting him church. Expressions are made in have to oppose it. I am perfectly will- to pull the trigger. Cassie’s response did not ing to yield back time. surprise us. .. . It was from her strong faith schools, of course. I do not question the concerns of the Mr. LEVIN. Mr. President, I have in [Jesus Christ] and His promise of eternal great sympathy for the motives and ob- life that she was empowered to make her distinguished author of this amend- stand. ment, which are heartfelt. I know him jectives of the Senator from Colorado My wife . . . and I both believe any Col- as a good and honest man. I worry, in offering this amendment. We all umbine incident memorial should memori- though, that we set a precedent involv- want to support the appropriate service alize each individual in a personal way. Ev- ing our first amendment. and memorial for victims of such trag- eryone knows . . . that Cassie was a very Our Constitution says everyone has ic events. However, I did not support strong Christian. To leave this facet of her equal access to the courts to assert the Allard amendment because, in my persona out would be to mis-memorialize her constitutional rights. This amendment judgement, it too broadly states a view and others. can be read to promote one constitu- regarding constitutionality under the Mr. and Mrs. Bernall strongly sup- tional viewpoint while depriving those First Amendment and arbitrarily sin- port the amendment that I am pro- who hold the opposing viewpoint of gles out memorials for victims who are posing today because they have experi- their day in court. slain on the campus of a public school, enced already a threat to their first If this becomes law, those who com- excluding memorial services involving amendment rights. plain of free exercise clause violations victims of slayings during a robbery or I urge the Senate to vote yes for the by public authorities that exclude reli- other event not on the school’s campus Allard amendment. gious observances from public spaces or victims of a tragic accident, for ex- I yield back the remainder of my could do so with the benefit of addi- ample. Also, I do not believe that the time. tional fee-shifting, whereas those who Senate should take the step of author- Mr. President, reclaiming my time, I make the opposite claim—that the es- izing the Attorney General to become have been informed that I have another tablishment clause has been violated— involved in litigation on one side or the 21⁄2 minutes. will be disadvantaged. other. Mr. HATCH. I am sorry, I misstated. The first amendment’s religion The PRESIDING OFFICER. The Sen- Mr. ALLARD. I misunderstood. clauses are meant to ensure that the ator from Colorado. Mr. HATCH. Will the Senator yield Government is neutral in matters of Mr. ALLARD. Mr. President, I have a for a comment? religion. It says you can practice any question to ask of the chairman. Is he Mr. ALLARD. I will be glad to yield religion you want or none if you want, ready for the yeas and nays on this to the chairman. but the Government will remain neu- amendment? Mr. HATCH. Mr. President, I com- tral, thus providing the diversity in Mr. HATCH. We are going to vote in mend Senator ALLARD for offering this this Nation of so many religions, a di- a stacked sequence. amendment that conveys the Senate’s versity which has greatly promoted our Mr. ALLARD. I will wait for that. heartfelt sympathy to the families and democracy. Mr. HATCH. Why don’t we ask for friends of all school shootings. This legislation, by offering the At- the yeas and nays. I ask unanimous His amendment allows the families torney General’s assistance to those consent that the yeas and nays be or- and friends of all victims of shootings who take one viewpoint, while depriv- dered on all five amendments. to grieve and honor the victims at a ing those who take the opposite view- The PRESIDING OFFICER. Is there memorial service held on school point of normal civil rights law rem- objection to it being in order to order grounds. This amendment tells these edies, violates this most basic principle the yeas and nays? Without objection, families and friends that the Senate be- of neutrality. it is so ordered. lieves they have a right to congregate The congressional finding paints with Is there a sufficient second? at a memorial service on school far too broad a brush. It could encom- There appears to be a sufficient sec- grounds to mourn the deaths of stu- pass a variety of activities that violate ond. dents and faculty. the first amendment. The yeas and nays were ordered. Further, this amendment states that While I joined in my own State in The PRESIDING OFFICER. The Sen- the Senate believes it is constitutional gatherings to express condolences to ator from Utah. S5470 CONGRESSIONAL RECORD — SENATE May 18, 1999 AMENDMENT NO. 353 During 1998, there were at least 99 frequent flier points for a permanent Mr. HATCH. Mr. President, the drive by shootings in the Salt Lake vacation.’’ Now, on this chart, which amendment which I offered with the City area. Also, drug offenses, liquor comes from The Final Nail #2, we have Senator from California, Mrs. FEIN- offenses, and sexual assaults were all redacted the spokeswoman’s address STEIN, is a much refined version of leg- up significantly over the same period and phone number to protect her pri- islation we offered last Congress to ad- in 1997. And in the first 2 months of vacy. The publishers weren’t so consid- dress the serious and troubling issues 1999, there were 14 drive by shootings in erate. And this is just the beginning. of interstate and juvenile gangs. the Salt Lake City area. This same document has a 59 page list I commend Senator FEINSTEIN for her An emerging gang in Utah is the of targets, complete with names and hard work and dedication to this issue. Straight Edge. These are juveniles who addresses from nearly every U.S. State Our amendment includes improve- embrace a strict code of no sex, drugs, and Canadian province. ments to the current Federal gangs alcohol or tobacco, and usually no Let there be no mistake—the pub- statute, to cover conduct such as alien meat or animal products. Normally, of lishers know what they’re doing. For smuggling, money laundering, and course, these are traits most parents instance, the instructions on how to high-value burglary, to the predicate would applaud. But these juveniles make milk jug fire bombs come with offenses under the penalty enhance- take these fine habits to a dangerous this caution: ‘‘Arson is a big time fel- ment for engaging in gang-related extreme, frequently violently attack- ony so wear gloves and old clothes you crimes, and enhances penalties for such ing those who do not share their purist can throw away throughout the entire crimes. outlook. process and be very careful not to leave It criminalizes recruiting persons There are 204 documented Straight a single shred of evidence.’’ into a gang, with tough penalties, in- Edgers in Salt Lake City, with an aver- It is unfortunate that people feel the cluding a 4-year mandatory minimum age age of 19 years old. Like most need to disseminate information and if the person recruited is a minor. gangs, they adopt distinctive clothing instructions on bombmaking and ex- It amends the Travel Act, of 1952 18 and tattoos to identify themselves. Al- plosives. Now perhaps we can’t stop U.S.C., to include typical gang predi- though not all Straight Edgers engage cate offenses. people from putting out that informa- It includes the James Guelff Body in criminal activities, many have be- tion. But if they are doing so with the Armor Act, which provides penalty en- come very violent prone. They have en- intent that the information be used to hancements for the use of body armor gaged in coordinated attacks on col- commit a violent federal crime—or if in the commission of a Federal crime. lege fraternities, and a murder outside they know that the information will be This provision also prohibits the pur- the Federal Building in downtown Salt used for that purpose, then this amend- chase, possession or use of body armor Lake City last Halloween night was ment will serve to hold such persons by anyone convicted of a violent fel- Straight Edge related. This crime, in accountable. ony, but provides an affirmative de- which a 15-year-old youth named Unfortunately, kids today have un- fense for bona fide business uses. How- Bernardo Repreza occurred during a fettered access to a universe of harmful ever, our amendment places no duties gang-related fight against the material. By merely clicking a mouse, or restrictions on the sellers of these Straight-Edgers. Three Straight Edge kids can access pornography, violent legitimate personal safety products. gang members, have been charged with video games, and even instructions for Our amendment also enhances the the murder. making bombs with ingredients that availability of body armor to law en- And these gangs are learning some of can be found in any household. Why forcement. It includes penalties for their tactics on the Internet, which is someone feels the need to put such teaching, even over the Internet, how why our amendment includes a provi- harmful material on the Internet is be- to make or use a bomb, with the sion making illegal to teach another yond me—there certainly is no legiti- knowledge or intent that the informa- how to make or use an explosive device mate need for our kids to know how to tion will be used to commit a Federal intending or knowing that the instruc- make a bomb. But if that person crime. tions will be used to commit a federal crosses the line to advocate the use of Finally, our amendment enhances crime, has passed the Senate on at that knowledge for violent criminal penalties under the Animal Enterprise least three separate occasions. It is purposes, or gives it out knowing it Terrorism Act (18 U.S.C. 43) to address time for Congress to pass it and make will be used for such purposes, then the the growing problem of attacks on the law. law needs to cover that conduct. businesses and research facilities, as Sites with detailed instructions on Mr. President, the Hatch-Feinstein well as establishes a clearinghouse to how to make a wide variety of destruc- Federal Gang Violence Act incor- track such offenses. These crimes are tive devices have proliferated on the porated in this amendment is a modest increasingly being committed by some Internet. As many of my colleagues but important in stemming the spread juvenile gangs, particularly in my know, these sites were a prominent of gangs and violence across the coun- State of Utah. part of the recent tragedy in Littleton, try and among our juveniles. I urge my Gangs are an increasingly serious Colorado. colleagues to support it. and interstate problem, affecting our Let me give my colleagues an exam- I am happy to yield to the distin- crime rates and our youth. A 1997 sur- ple of one of these sites. The self-styled guished Senator from California. vey of eighth graders in 11 cities found Animal Liberation Front has been The PRESIDING OFFICER. The Sen- in 1997 that 9 percent were currently linked to numerous bombings and ator from California is recognized. gang members, and that 17 percent said arson across the country, including Mrs. FEINSTEIN. I thank the Chair. they had belonged to a gang at some several in my home State of Utah. I thank the distinguished chairman point in their lives. These gangs and Posted on their Internet site is the of the Judiciary Committee. I want there members are responsible for as cyber-publication, The Final Nail #2. It him to know it has been a great pleas- many as 68 percent of all violent is a detailed guide to terrorist activi- ure for me to be able to work with him crimes in some cities. ties. This chart shows just one example on these three issues, and now on the My home state of Utah continues to of the instructions to be found here—in gang bill, for the past 3 years. have a serious gang problem. In 1997, this case, instructions to build an elec- Mr. President, I think the chairman there were over 7,000 gang offenses re- tronically timed incendiary igniter— has very accurately and adequately ported to the police in Utah. Although the timer for a time bomb. stated what these amendments do. I we have seen some improvement from And how do the publishers intend would like to just provide a little bit of the unprecedented high levels of gang that this information will be used? The filler material with respect to the crime a couple of years ago, gang mem- suggestion is clear from threats and need. There are over 23,000 youth gangs bership in the Salt Lake area has in- warnings in the guide. One page in the in all 50 States in the United States. I creased 209 percent since 1992. There site shows a picture of an industry think it will come as no surprise for are now about 4,500 gang members in spokeswoman, warning her to ‘‘take people to learn that California is the the Salt Lake City area. 770 of these, or our advice while you still have some No. 1 gang State, with almost 5,000 dif- 17 percent, are juveniles. time: quit your job and cash in your ferent gangs, more than three times as May 18, 1999 CONGRESSIONAL RECORD — SENATE S5471 many as the next State. Overall, there Since Littleton, CO, there has been a amendment calls for a new death pen- are over 600,000 members of gangs. And rash of these. Police arrested five stu- alty and new mandatory minimums they have increased tenfold since 1975. dents in Brooklyn for possessing this that should be revised in conference. This legislation is a direct result of manual that they found on the Inter- Mr. CAMPBELL. Mr. President, I am the importuning of many in local law net. pleased to see that an important provi- enforcement who have come to me and The PRESIDING OFFICER. The Sen- sion that is based on a bill I introduced others in this body and said: Could the ator’s time has expired. earlier this year has been included in Federal Government give us a hand in Mrs. FEINSTEIN. Mr. President, I the pending legislation. fighting gangs? ask unanimous consent just for one ad- This provision would provide Federal In Los Angeles alone, over the past 16 ditional minute. matching grants to help our state and years, 7,300 people were murdered from The PRESIDING OFFICER. Without local law enforcement officers acquire gang warfare—more people than have objection, it is so ordered. life saving bullet resistant equipment. been killed in all the terrorist fighting Mrs. FEINSTEIN. I will ask to print This provision is based on S. 726, the in Northern Ireland. in the RECORD a list of counties and Officer Dale Claxton Bullet Resistant Today, modern gangs are organized. cities where we have had incidents di- Police Protective Equipment Act of Take, for one, the Bloods and Crips, rectly following Littleton: Salt Lake; 1999. S. 726 is named in memory of Dale which began in Los Angeles. They now Cobb County in Georgia; Port Aransas, Claxton, a Cortez, Colorado, police offi- have a presence in 119 American cities, TX; Wichita Falls; Wimberley, TX. cer who was fatally shot through the as you can see on this chart. Take, for More than 50 threats of bombs and windshield of his patrol car last year. A instance, Chicago’s Gangster Disciples, other acts of violence have occurred in bullet resistant windshield could have which have expanded into 34 Midwest the last few weeks since Littleton, CO. saved his life. and Southern cities, with a board of di- This amendment essentially says it Unfortunately, incidents like this are rectors inside prison and a board of di- will become a Federal crime to teach far from isolated. All across our nation rectors outside prison. or distribute information on how to law enforcement officers, whether in These gangs operate very often as make a bomb or other weapon of mass hot pursuit, driving through dangerous modern Mafia-type enterprises. They destruction if the individual intends neighborhoods, or pulled over on the move across State lines. They move the information be used to commit a side of the road behind an automobile, drugs. They practice a whole series of Federal violent crime or knows that are at risk of being shot through their crimes. And they do so in a very orga- the recipient of the information in- windshields. We must do what we can nized way. tends to use it to commit a Federal to prevent these kinds of tragedies as In Los Angeles alone, the 18th Street violent crime. better, lighter and more affordable Gang now deals directly with Mexican The Justice Department has reviewed types of bullet resistant glass and and Colombian drug cartels. They have the legislation. We believe that it is other equipment become available. While I served as a deputy sheriff in expanded their operations to Oregon, constitutional. The Fourth Circuit has Sacramento County, California, I be- Utah, El Salvador, Honduras and Mex- heard a case and has effectively de- came personally aware of the inherent ico. And it goes on and on and on; vir- clared the methodology herein as con- dangers law enforcement officers en- tually every ethnic and racial group stitutional. counter each day on the front lines. has some gang that is operating in the The final part of this bill is the Now that I serve as a U.S. Senator here United States. James Guelff Body Armor Act. It in Washington, DC, I believe we should The chairman has accurately stated speeds body armor of 10,000 surplus do what we can to help our law enforce- what this amendment would do. It in- pieces from the FBI and the DEA to ment officers protect themselves as creases sentences for gang members local and State governments. It makes they risk their lives while protecting who commit Federal crimes. It en- body armor more difficult to obtain by the American people from violent hances the ability of Federal prosecu- felons. And we are very hopeful this criminals. tors to prosecute gangs. It amends the will be included. One important way we can do this is Travel Act to include some offenses So we have the gang amendments, we to help them acquire bullet resistant which gangs perpetrate. It adds serious have the lawmaking amendment, and glass and armored panels for patrol juvenile drug offenses to the Armed Ca- the body armor. cars, hand held bullet resistant shields reer Criminal Act. And it provides a 3- I thank the Chair and yield the floor. and other life saving bullet resistant year mandatory minimum sentence to Mr. LEAHY. Mr. President, when the equipment. This assistance is espe- knowingly transferring a firearm for predecessor to this bill was introduced cially crucial for small local jurisdic- use in a violent crime or drug traf- in the last Congress, I raised a number tions that often lack the funds needed ficking crime where the gun is trans- of concerns about the bill. I am glad to to provide their officers with the life ferred to a minor. see that this amendment is much im- saving bullet resistant equipment they Let me move now to the second part proved from the Hatch-Feinstein gang need. of it. This has to do with bomb making bill in the last Congress. This Claxton bullet resistant equip- on the Internet. In the Judiciary Com- This amendment also contains pro- ment provision builds upon the suc- mittee not too long ago, I remember posals that Senator DEWINE and I have cesses of the Bulletproof Vest Partner- somebody presenting a manual called worked on together. For example, this ship Grant Act, S. 1605, which I intro- ‘‘The Terrorist Handbook’’ that could amendment contains new procedures duced in the 105th Congress and the be pulled up on the Internet. I went for law enforcement to obtain clone president signed into law last June. back and we downloaded it from the pagers. These are pagers held by law This program provides matching grants Internet. enforcement that duplicate the nu- to state and local law enforcement What I saw really chilled me, because meric messages received by a drug agencies to help them purchase body what I saw was accurate information dealer or other criminal. This is a use- armor for their officers. This provision on how to steal chemicals, how to ful tool for law enforcement and I have builds upon this worthy program by ex- break into chemistry labs, what to buy long worked to streamline the proce- panding it to help them acquire addi- in stores, and how to go home and dures for the FBI, the DEA and other tional types of bullet resistant equip- make pipe bombs, telephone bombs, law enforcement agencies to obtain ment. letter bombs, and mailbox bombs. Vir- legal authorization to use clone pagers. The central part of the Claxton pro- tually every use in the manual is ille- For including this clone pager pro- vision authorizes a new $40 million gal. And you have to ask, Why? posal in the amendment, along with matching grant program to help state, The youngsters in Colorado who per- the other improvements made by the local, tribal and other small law en- petrated the crime indicated they got sponsors, they should be commended. I forcement agencies acquire bullet re- the formula for the pipe bombs directly know they worked hard on this amend- sistant equipment such as bullet resist- from the Internet. It well could have ment. ant glass and armored panels for patrol been from this very volume I hold up I remain concerned about some of the cars, hand held bullet resistant shields today. penalties in this amendment. The and other life saving equipment. S5472 CONGRESSIONAL RECORD — SENATE May 18, 1999 This matching grant program is au- Mr. HATCH. If the Senator will yield, and Senator Bennett), SADD, the Na- thorized for fiscal years 2000 through I would like to take about a minute of tional Licensed Beverage Association, 2002 and would be administered by the Senator BYRD’s time. the National Beer Wholesalers Associa- Bureau of Justice Assistance according The PRESIDING OFFICER. The Sen- tion, the Wine and Spirits Wholesalers, to a formula that ensures fair distribu- ator from Utah is recognized. Geerlings and Wade (leading direct tion for all states, local communities, Mr. HATCH. And then protect the marketer of fine wines to 27 states and tribes and U.S. territories. To help en- right of the Senator from California to more than 81 percent of the wine con- sure that these matching grants get to speak in opposition. suming public), Americans for Respon- the jurisdictions that need them the Mr. President, I am pleased to sup- sible Alcohol Access, the National As- most the bureau is directed to make at port this amendment, which is nearly sociation of Beverage Retailers, the least half of the funds available to identical to a bill I introduced earlier National Alcohol Beverage Control As- those smaller jurisdictions whose budg- this year, S. 577, The Twenty-First sociation, and the National Conference ets are the most financially con- Amendment Enforcement Act. If noth- of State Liquor Administrators. strained. ing else can be said about this issue— Having said that, I will yield back Another key part of the Claxton pro- it is absolutely imperative that states the remainder of any time the pro- vision allocates $3 million over 3 years have the means to prevent unlawful ac- ponents have. to the Justice Department’s National cess to alcohol by our children. Mr. LEAHY. Mr. President, I com- Institute of Justice (NIJ) to conduct an If a 13-year-old is capable of ordering mend the Senior Senator from West expedited research and development beer and having it delivered by merely Virginia for his dedication to enforcing program to speed up the deployment of ‘‘borrowing’’ a credit card and making state liquor laws. But I must disagree new bullet resistant technologies and a few clicks with her mouse, there is with his approach. The Byrd amend- equipment. The development of new something wrong with the level of con- ment would permit the enforcement of bullet resistant materials in the next trol that is being exercised over these state liquor laws in Federal court. This few years could be as revolutionary in sales and something must be done to expansion of the jurisdiction of the the next few years as Kevlar was for address the problem. Federal courts is not warranted and body armor in the 1970s. Exciting new I am a strong supporter of e-com- raises constitutional problems because technologies such as bonded acrylic, merce. But the sale of alcohol cannot one state may impose its laws on the polymers, polycarbons, aluminized ma- be equated with the sale of a sweater or citizens of another state under this terial and transparent ceramics prom- shirt. We need to foster growth in elec- amendment. ise to provide for lighter, more tronic commerce, but we also need to In the Judiciary Committee, we re- versatile and hopefully less expensive make sure that alcohol control laws cently held a hearing on this issue of bullet resistant equipment. are respected. direct sales of alcohol products over The Officer Dale Claxton provision The growth of many of our nation’s the Internet and via mail order. In our also directs the NIJ to inventory exist- wineries is tied to their ability to hearing, several expert witnesses raised ing technologies in the private sector, achieve name recognition and generate questions about a similar bill by Sen- in surplus military property, and in use sales nationwide—tasks the Internet is ator HATCH, S. 577. I would like to work by other countries and to evaluate, de- uniquely suited to accomplish. I do not with Senator BYRD, Senator HATCH and velop standards, establish testing want to preclude them from using the others on the Judiciary Committee to guidelines, and promote technology Internet; I want to ensure that they see if we can refine this legislation to transfer. use it responsibly and in accordance make sure it will pass constitutional Our nation’s state, local and tribal with state laws. muster. I have my doubts about con- law enforcement officers regularly put If there is a problem with the system, stitutionality of the language before us their lives in harm’s way and deserve we need to fix the system, not break today and will have to vote against the to have access to the bullet resistant the laws. Byrd amendment as currently drafted. equipment they need. The Officer Dale The 21st amendment gives states the If the full Senate is to pass an Claxton bill will both get life saving right to regulate the importation of al- amendment today on the interstate bullet resistant equipment deployed cohol into their states. However, ef- shipment of alcohol, I believe the into the field where it is are needed and forts to enforce laws relating to the amendment by Senator FEINSTEIN is a accelerate the development of new life- importation of alcohol have run into more targeted and sounder approach. saving bullet resistant technologies. significant legal hurdles in both state Her amendment would require clear I urge my colleagues to join me in and Federal courts. labeling of alcoholic beverages shipped supporting this provision. The scope of the 21st amendment is interstate and require the signature of The PRESIDING OFFICER. The Sen- essentially a federal question that an adult upon delivery of the alcoholic ator’s time has expired. must be decided by the federal courts— beverages. Mr. HATCH addressed the Chair. and ultimately the Supreme Court. For The Feinstein amendment does not The PRESIDING OFFICER. The Sen- that reason, among others, I believe a raise constitutional issues and is tar- ator has 2 minutes 43 seconds. federal court forum is appropriate for geted at preventing any underage pur- Mr. HATCH. Mr. President, unless state enforcement efforts. chase of alcoholic beverages over the there is opposition, I would yield that Most states do not permit direct Internet or through other direct sales. 2 minutes to the Senator from Cali- shipping of alcohol to consumers. I will vote against the Byrd amend- fornia. Therefore most Internet sales of alco- ment and for the Feinstein amend- Has the Senator from California said hol are currently prohibited. If a state ment, because I believe that hers is all she wants to say on this? wants to set up a system to allow for constitutionally far more acceptable Mrs. FEINSTEIN. I believe so, Mr. the direct shipment of alcohol to con- but also hits the problem far better. President. I thank the Senator. sumers, such as New Hampshire and Mr. HATCH. Mr. President, before I AMENDMENT NO. 339 Louisiana have already done, then that relinquish the floor to Senator FEIN- Mr. HATCH. Mr. President, the next is their right under the 21st amend- STEIN, let me say that I think States amendment is that of Senator BYRD. ment. But the decision to permit direct need the ability to take action on their Mr. LEAHY. Mr. President, if the shipping, and under what conditions, is own to enforce their State liquor laws. Senator will yield, I have been advised up to the states, not the purveyors of Senator BYRD’s amendment provides by the distinguished senior Senator alcohol. States with a Federal court forum to from West Virginia that he will not re- The bill is supported by a host of in- enjoin violations of their alcohol laws, quire his time in favor of the amend- terests including, inter alia, Utah inter- denying violators the ability to hide ment, other than the minute he has re- ests (Governor Leavitt, Attorney Gen- behind a jurisdictional curtain. served just prior to the vote. I was pre- eral Graham, Utah’s Department of Al- Mr. President, this is a summary of pared to yield back 5 minutes as a pro- coholic Beverage Control, the Utah the Byrd amendment: ponent. There may be, however, those Hospitality Association, numerous First, it permits the chief law en- who seek time as opponents. Utah Congressional Representatives forcement officer of a state to seek an May 18, 1999 CONGRESSIONAL RECORD — SENATE S5473 injunction in federal court to prevent The PRESIDING OFFICER. Without I further announce that, if present the violation of any of its laws regu- objection, the amendment is modified. and voting, the Senator from New York lating the importation or transpor- The amendment (No. 354), as modi- (Mr. MOYNIHAN) would vote ‘‘no.’’ tation of alcohol; fied, is as follows: The PRESIDING OFFICER (Mr. GOR- Second, allows for venue for the suit At the appropriate place, add the fol- TON). Are there any other Senators in where the defendant resides and were lowing: the Chamber desiring to vote? the violations occur; SEC. ll. INTERSTATE SHIPMENT AND DELIVERY The result was announced—yeas 85, Third, no injunctions issued without OF INTOXICATING LIQUORS. nays 13, as follows: prior notice to the opposing party; (a) IN GENERAL.—Chapter 59 of title 18, United States Code, is amended— [Rollcall Vote No. 121 Leg.] Fourth, requires that injunctions be YEAS—85 specific as to the parties, the conduct (1) in section 1263— (A) by inserting ‘‘a label on the shipping Abraham Enzi McCain and the rationale underlying the container that clearly and prominently iden- Akaka Feinstein McConnell issuance of the injunction; tifies the contents as alcoholic beverages, Allard Fitzgerald Mikulski Fifth, allows for quick consideration and a’’ after ‘‘accompanied by’’; and Ashcroft Frist Murkowski of the application for an injunction; (B) by inserting ‘‘and requiring upon deliv- Baucus Gorton Nickles Bayh Graham Reid conserves court resources by avoiding ery the signature of a person who has at- Bennett Gramm Robb redundant proceedings; and tained the age for the lawful purchase of in- Biden Grams Roberts Sixth, mandates a bench trial. toxicating liquor in the State in which the Bond Grassley Rockefeller Having said that, I probably will sup- delivery is made,’’ after ‘‘contained there- Breaux Gregg Roth port both the Byrd amendment and the in,’’; and Bryan Hagel Santorum Bunning Hatch Sarbanes next amendment by the distinguished (2) in section 1264, by inserting ‘‘or to any person other than a person who has attained Burns Helms Schumer Senator from California, Mrs. FEIN- Byrd Hutchinson Sessions the age for the lawful purchase of intoxi- STEIN. Campbell Hutchison Shelby Mrs. FEINSTEIN. I thank the rank- cating liquor in the State in which the deliv- Chafee Inhofe Smith (NH) ery is made,’’ after ‘‘consignee,’’. ing member for his comments. My Cleland Inouye Smith (OR) Mrs. FEINSTEIN. Mr. President, the Cochran Jeffords Snowe views parallel his. I think the Byrd Collins Johnson Specter method is very well intentioned. I hap- modification I have sent to the desk Conrad Kennedy Stevens pened to be on the floor when the Sen- changes the penalty, and I will explain Coverdell Kerry Thomas ator presented it. However, I must say that in a moment. Craig Kohl Thompson The amendment, as I have just de- Crapo Kyl Thurmond I believe it is overly broad. It would es- Daschle Landrieu Torricelli sentially permit States to deputize the scribed it, would require persons who DeWine Lieberman Voinovich Federal courts which exist to enforce ship alcoholic beverages across State Dodd Lincoln Warner Domenici Lott Wyden Federal laws, not State laws. I believe lines to: First, clearly and prominently label the contents as alcoholic bev- Dorgan Lugar it would have the unintended con- Edwards Mack erages; second, state the full name of sequence of dramatically expanding NAYS—13 the power of any one State in a matter the person causing the package to be which would diminish consumer choice shipped; i.e., the seller; and third, state Bingaman Hollings Murray that an adult’s signature is required. It Boxer Kerrey Reed and really harm legitimate businesses. Durbin Lautenberg Wellstone This is more or less an intra-industry would require the shippers—for exam- Feingold Leahy fight. California is home to 90 percent ple, Federal Express—to not deliver a Harkin Levin of the domestic wine industry. The package so labeled unless they can: NOT VOTING—2 vast majority of these wineries are One, verify that the person receiving Brownback Moynihan small family farms. The wine industry the delivery is of legal age for pur- The amendment (No. 351) was agreed is certainly vital. Many of these small chasing alcoholic beverages; and, two, obtain that person’s signature. to. wineries essentially have wine Mr. HATCH. Mr. President, I move to tastings. Individuals come in, taste the Mr. President, the amendment I sent to the desk to modify would simply reconsider the vote. wine. They do not have shelf space. The Mr. LEAHY. I move to lay that mo- wine is expensive, and they will use the provide that existing penalties would apply to this bill. Those are criminal tion on the table. Internet to be able to ship this wine. The motion to lay on the table was The problem which has been pre- penalties of up to 1 year imprisonment agreed to. and fines of up to $200,000 for organiza- sented for remedy is children obtaining The PRESIDING OFFICER. The Sen- this kind of alcoholic beverage through tions or $100,000 for individuals. A sell- ator will withhold. The Senate will be the Internet. I happen to doubt that er who violates this requirement on in order. The Senator from Utah. children would buy $90 bottles of wine, three or more occasions may have their Mr. HATCH. Mr. President, we are but, nonetheless, the second amend- ATF basic permit revoked. That is the making headway. I ask unanimous con- ment I will present in essence tackles effect of the law today, and we would sent that the remaining votes in this the question at hand by saying that repeat that penalty in this particular series be limited to 10 minutes in any of these shipments must be clearly instance. length. labeled, and they must be received by I thank the Chair. The PRESIDING OFFICER. Without someone who has the qualification to The PRESIDING OFFICER. Does any objection, it is so ordered. receive them, identification showing Senator wish to speak in opposition? The Senator from Vermont. that that individual is entitled to re- Mr. HATCH addressed the Chair. The PRESIDING OFFICER. The Sen- Mr. LEAHY. Mr. President, just a ceive them and is in fact an adult. point of clarification before we start to Therefore, I do not believe this ator from Utah. vote. Each side gets 1 minute before throwing of State alcohol law into the Mr. HATCH. Mr. President, I am pre- these votes. I urge Senators on both Federal courts is necessary to solve the pared to yield back all the time in op- problem at hand. position to this amendment on our sides to give attention to both pro- I urge a no vote on the Byrd amend- side. We are prepared to vote. ponents and opponents so they can be ATCH ment and an aye vote on the Feinstein VOTE ON AMENDMENT NO. 351 heard. Senator H and I have amendment. The PRESIDING OFFICER. The worked very hard to get it down to this The PRESIDING OFFICER. All time question is on agreeing to amendment list, so we should make sure both sides on the amendment has expired. No. 351. The yeas and nays have been are protected and can be heard. AMENDMENT NO. 354, AS MODIFIED ordered. The clerk will call the roll. AMENDMENT NO. 352 The PRESIDING OFFICER. The Sen- The legislative clerk called the roll. The PRESIDING OFFICER. There ate will now move to the debate on the Mr. NICKLES. I announce that the are 2 minutes equally divided on the Feinstein amendment. Senator from Kansas (Mr. BROWNBACK) Kohl-Hatch amendment. Who yields The Senator from California. is necessarily absent. time? The Senator from Utah. Mrs. FEINSTEIN. Mr. President, if I Mr. REID. I announce that the Sen- Mr. HATCH. Mr. President, let me may, I ask unanimous consent to mod- ator from New York (Mr. MOYNIHAN) is just make one quick comment and then ify my amendment No. 354. necessarily absent. yield to Senator KOHL. S5474 CONGRESSIONAL RECORD — SENATE May 18, 1999 The Kohl-Hatch amendment provides NOT VOTING—2 I further announce that, if present qualified immunity to law-abiding gun Brownback Moynihan and voting, the Senator from New York owners who use a child safety lock or The amendment (No. 352) was agreed (Mr. MOYNIHAN) would vote ‘‘aye.’’ gun storage unit and requires that all to. The result was announced—yeas 85, handguns be sold with a child safety Mr. STEVENS. I move to reconsider nays 13, as follows: lock or gun storage unit. the vote. [Rollcall Vote No. 123 Leg.] The PRESIDING OFFICER. The Sen- Mr. LEAHY. I move to lay that mo- YEAS—85 ator from Wisconsin. tion on the table. Abraham Feinstein McCain Mr. KOHL. Mr. President, none of us The motion to lay on the table was Akaka Fitzgerald McConnell Allard Frist Mikulski is naive enough to believe today’s vote agreed to. Ashcroft Gorton Murkowski signals a bipartisan consensus on all The PRESIDING OFFICER. The Sen- Baucus Graham Nickles gun control issues, or even most of ator from Utah. Bayh Gramm Reed Bennett Grams Reid AMENDMENT NO. 353 them. But after a week of back-and- Bingaman Grassley Robb forth—and forth-and-back—over fire- Mr. HATCH. Mr. President, this next Bond Gregg Roberts arms, it is good to see a consensus de- amendment is the Hatch-Feinstein Boxer Hagel Rockefeller veloping on at least this commonsense amendment. It is an amendment to Breaux Hatch Roth Bryan Helms Santorum measure to keep handguns away from give enhanced authority to combat Bunning Hollings Sarbanes children. Simply put, the Kohl-Hatch- gang violence. In addition to com- Burns Hutchinson Schumer Chafee amendment will ensure that a bating gang violence, this also is an Byrd Hutchison Sessions Campbell Inhofe Shelby child safety device—or trigger lock—is amendment that bans bombmaking in- Chafee Jeffords Smith (NH) sold with every handgun. formation on the Internet or informa- Cleland Johnson Smith (OR) This proposal will move us forward tion on the Internet with intent to in- Cochran Kerrey Snowe jure. Collins Kerry Specter today, and it will help save lives. I Coverdell Kohl Stevens hope we can all support it. I described this rather fully in my Craig Kyl Thomas The PRESIDING OFFICER. Who opening remarks earlier in the day. I Crapo Landrieu Thurmond give the rest of my time to the distin- Daschle Leahy Torricelli yields time in opposition to the amend- DeWine Lieberman Voinovich ment? guished Senator from California. Domenici Lincoln Warner Mrs. FEINSTEIN. Thank you very Mr. HATCH. We yield back the time. Durbin Lott Wyden much, I say to the Senator. And thank Edwards Lugar The PRESIDING OFFICER. All time you, Mr. President. Enzi Mack is yielded back. The question is on This amendment essentially has four NAYS—13 agreeing to the Hatch-Kohl amend- parts. One relates to gangs that move Biden Harkin Murray ment. The yeas and nays have been or- across interstate lines practicing Conrad Inouye Thompson dered. criminal enterprise, the second is body Dodd Kennedy Wellstone The clerk will call the roll. Dorgan Lautenberg armor, the third is bombmaking, and Feingold Levin The legislative clerk called the roll. the fourth is animal terrorism. Mr. NICKLES. I announce that the Essentially, with respect to gangs, NOT VOTING—2 Senator from Kansas (Mr. BROWNBACK) this bill will increase sentences for Brownback Moynihan is necessarily absent. gang members who commit Federal The amendment (No. 353) was agreed Mr. REID. I announce that the Sen- crimes. It will enhance the ability of to. ator from New York (Mr. MOYNIHAN) is Federal prosecutors to prosecute gangs AMENDMENT NO. 339 necessarily absent. for this crime. And it will add serious Mr. BYRD addressed the Chair. I further announced that, if present juvenile drug offenses to the Armed Ca- The PRESIDING OFFICER (Mr. and voting, the Senator from New York reer Criminal Act. HAGEL). The Senator from West Vir- ginia is recognized. (Mr. MOYNIHAN) would vote ‘‘aye.’’ With respect to body armor, there are about 10,000 surplus pieces of body Mr. BYRD. Mr. President, this pro- The result was announced—yeas 78, posal by Senator KOHL and myself sim- nays 20, as follows: armor that the FBI and DEA have. The PRESIDING OFFICER. The Sen- ply authorizes the attorney general of [Rollcall Vote No. 122 Leg.] ator’s time has expired. a State to go into Federal district YEAS—78 Does anyone yield time in opposition court and seek an injunction against Abraham Fitzgerald Lott to the amendment? The Senator from any person importing alcohol into that Akaka Frist Lugar Vermont. State in violation of that State’s law. Baucus Gorton McCain Mr. LEAHY. Mr. President, it is not Unfortunately, recent Federal court Bayh Graham McConnell Bennett Grassley Mikulski in opposition, but I will use that time decisions have held that States do not Biden Gregg Murkowski if nobody else is seeking it. necessarily have the power to seek Bingaman Hagel Murray This is much improved from what it such an injunction despite the fact Boxer Harkin Reed that the 21st amendment to the Con- Breaux Hatch Reid was last year. It has included a pro- Bryan Hollings Robb posal that Senator DEWINE and I have stitution and the Webb-Kenyon Act Byrd Hutchinson Roberts worked on together. My one concern is give States the power to prohibit alco- Campbell Hutchison Rockefeller the penalties. It does call for a new hol importation. As a consequence, Chafee Inouye Roth Cleland Jeffords Santorum death penalty and new mandatory min- many States are at a loss when it Cochran Johnson Sarbanes imum. comes to enforcing their own laws. Collins Kennedy Schumer I will tell the distinguished Senator For those who may have concerns Conrad Kerrey Smith (OR) from California and the distinguished with this proposal, let me state un- Daschle Kerry Snowe DeWine Kohl Specter Senator from Utah, these are issues equivocally that the amendment will Dodd Kyl Stevens that will be raised in conference. not restrict the lawful manufacture, Domenici Landrieu Thurmond The PRESIDING OFFICER. All time advertisement, sale, transportation, or Dorgan Lautenberg Torricelli importation of any alcoholic beverage. Durbin Leahy Voinovich has expired. The question is on agree- Edwards Levin Warner ing to amendment No. 353. The yeas As long as a distiller, or a brewer, or a Feingold Lieberman Wellstone and nays are ordered. The clerk will winemaker complies with the laws of Feinstein Lincoln Wyden call the roll. the given State, they will have no addi- NAYS—20 The legislative clerk called the roll. tional restrictions placed upon them by Allard Crapo Nickles Mr. NICKLES. I announce that the this amendment. The only ones who Ashcroft Enzi Sessions Senator from Kansas (Mr. BROWNBACK) need to fear this amendment are those Bond Gramm Shelby is necessarily absent. who are conducting their business in Bunning Grams Smith (NH) Mr. REID. I announce that the Sen- an unlawful manner, particularly those Burns Helms Thomas Coverdell Inhofe Thompson ator from New York (Mr. MOYNIHAN) is who are willing to sell alcohol to our Craig Mack necessarily absent. children. May 18, 1999 CONGRESSIONAL RECORD — SENATE S5475 Mr. President, as the Senate con- Murkowski Schumer Thomas from having that consent. I suggest the Nickles Sessions Thompson siders this juvenile justice bill, de- Reid Shelby Thurmond absence of a quorum while we get it. signed to reduce the scourge of youth Robb Smith (NH) Voinovich The PRESIDING OFFICER. The violence and crime, I beseech my col- Roberts Smith (OR) Warner clerk will call the roll. leagues to remember that alcohol use Rockefeller Snowe Wellstone The legislative clerk proceeded to Santorum Specter Wyden and abuse constitute an important Sarbanes Stevens call the roll. facet of this national problem. Let us Mr. HATCH. Mr. President, I ask not overlook the pernicious effects NAYS—17 unanimous consent that the order for that alcohol has on our young people. Allard Chafee Mack the quorum call be rescinded. Bayh Collins Murray Let us not turn our backs on them by Bingaman Feinstein Reed The PRESIDING OFFICER. Without foregoing this opportunity to put a Bond Kerrey Roth objection, it is so ordered. stop to those who choose to evade our Boxer Landrieu Torricelli Mr. HATCH. Mr. President, I ask laws. I urge my colleagues to support Campbell Leahy unanimous consent that the Senate this amendment. NOT VOTING—2 now resume S. 254, and the amend- Mrs. FEINSTEIN addressed the Brownback Moynihan ments, in this order tonight: Amend- Chair. ANSWERED ‘‘PRESENT’’—1 ment No. 358, followed by amendment No. 348; that these will be the next two The PRESIDING OFFICER. The Sen- McCain ator from California is recognized. amendments, previously debated, to Mrs. FEINSTEIN. Mr. President, I The amendment (No. 339) was agreed the pending juvenile justice bill, which rise to oppose the amendment. The to. will now be the pending question, in amendment really is developed because Mr. BYRD. Mr. President, I move to the order in which they were offered, of problems with alcohol being shipped reconsider the vote. with up to 5 minutes equally divided to minors, and the amendment has Mr. REID. I move to lay that motion for additional debate prior to a vote on major concern to the California wine on the table. or in relation to these two amend- The motion to lay on the table was industry. We believe it opens the Fed- ments. agreed to. eral courts to State law. It does not I further ask that notwithstanding a focus on underage drinking, it is not AMENDMENT NO. 354, AS MODIFIED vote in relation to an amendment, if supported by Mothers Against Drunk The PRESIDING OFFICER. The any amendment is not tabled or Driving, and it is opposed by the larg- question now is on the Feinstein skipped in the voting sequence, it then est Internet trade group and by the amendment. There are 2 minutes equal- be laid aside for additional votes in the wine industry. ly divided. sequence, with the amendments reoc- Rather, my amendment would focus Who seeks recognition? curring at the end of the sequence end- directly on underage drinking by re- Mr. HATCH. May I ask the distin- ing with amendment No. 361. quiring that any shipment be clearly guished Senator from California, since I further ask that following the dis- marked with a label as to what the everybody understands this, why don’t position of each debate on each amend- contents are and require that the re- we yield back the time? ment, the amendment be laid aside, cipient be qualified to receive it—in The PRESIDING OFFICER. There and at the hour of 5:50 p.m. today the other words, be able to present identi- will be order in the Chamber. Senate proceed to vote on or in rela- fication that that person is, in fact, an Mr. HATCH. If I could ask the distin- tion to the amendments, in the order adult. guished Senator from California—I cer- in which they were offered, with 2 min- The PRESIDING OFFICER. The tainly support this amendment; I be- utes prior to each vote for explanation. question is on agreeing to Amendment lieve everyone understands that—why Mr. LEAHY. Mr. President, reserving No. 339. don’t we just yield back the time? the right to object, and I shall not—— The yeas and nays have been ordered. Mrs. FEINSTEIN. I will be happy to. Mr. HATCH. Will the Senator yield The clerk will call the roll. Mr. HATCH. I yield back the time on for one other question? I believe I said this side. The assistant legislative clerk called amendment 358, but the two amend- Mr. GRAMM. Can’t we just voice the roll. ments tonight will be 359 and 348, in vote it? that order. I ask unanimous consent. Mr. MCCAIN (when his name was The PRESIDING OFFICER. The called). Present. Mr. KENNEDY. Reserving the right question now is agreeing to the amend- Mr. NICKLES. I announce that the to object. ment. The PRESIDING OFFICER. The Sen- Senator from Kansas (Mr. BROWNBACK) Mr. HATCH. Can we voice vote this is necessarily absent. ator from Massachusetts. amendment? I ask unanimous consent Mr. KENNEDY. As I understand, the Mr. REID. I announce that the Sen- that the yeas and nays be vitiated. Senator has asked for rollcalls on those ator from New York (Mr. MOYNIHAN) is The PRESIDING OFFICER. Without two votes, but then he asked for con- necessarily absent. objection, it is so ordered. sent after that to sequence which I further announce that, if present Mr. HATCH. I thank the Chair. amendments and in what order? and voting, the Senator from New York The PRESIDING OFFICER. If there Mr. HATCH. To sequence the remain- (Mr. MOYNIHAN) would vote ‘‘no.’’ be no further debate, the question is on ing amendments, the skipped amend- The result was announced—yeas 80, agreeing to the amendment. ments, in the order in which they were nays 17, as follows: The amendment (No. 354), as modi- following amendment No. 361. In other [Rollcall Vote No. 124 Leg.] fied, was agreed to. words, we are putting them at the end YEAS—80 Mr. HATCH. Mr. President, I move to of the group of amendments. Abraham Dodd Hollings reconsider the vote. Mr. KENNEDY. I have no objection. Akaka Domenici Hutchinson Mr. REID. I move to lay that motion I understand that Senator HARKIN is Ashcroft Dorgan Hutchison Baucus Durbin Inhofe on the table. not here. Bennett Edwards Inouye The motion to lay on the table was Mr. HARKIN. I am here. I am trying Biden Enzi Jeffords agreed to. to figure it out myself. Breaux Feingold Johnson Several Senators addressed the Mr. LEAHY addressed the Chair. Bryan Fitzgerald Kennedy Bunning Frist Kerry Chair. The PRESIDING OFFICER. The Sen- Burns Gorton Kohl The PRESIDING OFFICER. The Sen- ator from Vermont. Byrd Graham Kyl ator from Utah. Mr. LEAHY. What this does, I tell Cleland Gramm Lautenberg Cochran Grams Levin Mr. HATCH. Mr. President, in just a Senators on my side of the aisle, is say Conrad Grassley Lieberman few minutes we believe we can get con- we will have two votes tonight. They Coverdell Gregg Lincoln sent to have three more votes this have to go out of the sequence, but Craig Hagel Lott evening and we will put over a stacked then we go back to the sequence. It is Crapo Harkin Lugar Daschle Hatch McConnell group of amendments for tomorrow, my understanding, from the distin- DeWine Helms Mikulski but we are just a few minutes away guished Senator from Mississippi, that S5476 CONGRESSIONAL RECORD — SENATE May 18, 1999 those will be the only two rollcall AMENDMENT NO. 359 Violence Against Women Act. More- votes we will have tonight, and then we Mr. HATCH. The first amendment over, in the years following passage of will be back on the sequence tomorrow, coming up will be Senator this landmark legislation, this Senate if I am correct. WELLSTONE’s on domestic violence for has consistently funded programs au- Mr. LOTT. That is correct. 21⁄2 minutes. thorized by that legislation. If I could get recognition, if the Sen- Mr. WELLSTONE addressed the I do agree with my colleague; we ator desires to have some debate on his Chair. probably could do more. We certainly amendment tonight, that will be fine The PRESIDING OFFICER. The Sen- can do better. For that reason, Senator and will be anticipated also. So we will ator from Minnesota. BIDEN and I have begun working on a do these two out of sequence, with the Mr. WELLSTONE. Might I ask a significant and thorough review of the last vote occurring probably around question first? I am sorry. I do not in- act. 6:15 or so. tend to take a lot of time. In 1994, we created many new pro- Mr. LEAHY. Or earlier. Is there a time limit on this amend- grams, and we have spent hundreds of Mr. LOTT. Or perhaps earlier. That ment tonight? millions of dollars to fund them. I will be the last vote tonight. The next Mr. HATCH. The time limit of 5 min- think it is time to examine what works amendment in order will be the amend- utes equally divided. and what doesn’t as we look to reau- ment the Senator from Iowa is con- Mr. LEAHY. Could we have order. thorizing this Act. Further, I think we cerned about. And if he would like to The PRESIDING OFFICER. The Sen- need to examine carefully whether and debate that tonight, that would be fine. ate will be in order. what kind of additional programs are Mr. HARKIN. Reserving the right to Mr. WELLSTONE. Thank you, Mr. necessary and appropriate. object, it is my understanding that for President. The Senator’s amendment raises an 359 and 348, we will have those two Mr. President, this amendment goes important issue—the impact of domes- votes. That will be all tonight? right to the heart of this legislation. If tic violence on children and what can Mr. LOTT. Right. we are serious about youth violence, be done to alleviate this problem. I am Mr. HARKIN. Then what will occur one of the things we want to do is help not prepared, however, at this time, to after that? What is the next thing in kids before they get into trouble. endorse his solutions. sequence? This amendment would authorize I understand why the Senator would Mr. HATCH. Could I make it clear? grant money which would go to the try to use this bill as a vehicle for his After that will occur No. 360, then No. community level for counselors and amendment, but I disagree. Rather, 361, then No. 356, then No. 357, and last courts and schools and health care pro- these suggestions, along with others, will be No. 355, which is the amend- viders and teachers and battered ought to be considered in the context ment the distinguished Senator is con- women programs to provide support of reauthorizing the Violence Against cerned with. and help to those children who witness Women Act. For example, several of Mr. HARKIN. And your unanimous violence in their homes. the NEW grant programs proposed consent did not put any time limit on We have focused on the violence sound to me as if they ought to be con- that? against the adult—usually the woman, sidered as a discretionary use of funds Mr. LEAHY. No. I am very sorry to say. But one of the in existing VAWA programs. Further, Mr. HATCH. We did not. I ask unani- things I found around the country, I whereas we have a major Act on the mous consent that they be put in that say to my colleagues, is that we have books that deals with domestic vio- order, with No. 355, the one with which not provided the support for kids. If lence, the new Wellston grant pro- the distinguished Senator is concerned, you care about this issue of family vio- grams contain a new and different defi- last on the list. lence, and if you care about trying to nition of domestic violence. Mr. Presi- The PRESIDING OFFICER. Is there get more support for children who wit- dent, these are not the kind of changes objection? ness this and see it all the time and Mr. HARKIN. Reserving the right to we should be making in the context of then cannot do well in school and are object, is there a time limit? a juvenile crime bill. in trouble, then you need to support Mr. HATCH. There is not. Let me close by commending the Mr. HARKIN. On any of these? this amendment. Senator from Minnesota. But for the Mr. HATCH. No. In the bill right now, the language is reasons stated, I will at the appro- Mr. LEAHY. No. It is my under- not specific; it is very weak. It just priate time move to table his amend- standing that there is a time limit on simply talks about kids at risk, but it ment because I think we are going to only the two this evening. does not focus specifically on the prob- work this out in the future. And let’s Mr. HARKIN. I see. lem of violence in homes and the ef- work it out in the appropriate bill. Mr. HATCH. We are hoping we can fects on children who witness this vio- I yield back any further time we set aside basically the other controver- lence. This is one of the best amend- have. sial, but not seriously controversial, ments we could support. AMENDMENT NO. 348 amendments to be stacked tomorrow For those of you who have done this Mr. HATCH. Mr. President, we now at some time, in accordance with the work dealing with the issues of family move to the Ashcroft amendment No. wishes of the majority and minority violence, for those of you who care 348. leaders, and they will proceed in the about reducing violence in families and The PRESIDING OFFICER. The Sen- same way these have. But we under- supporting children, this is really an ator from Missouri. stand on No. 355 there is not a time important amendment. I hope it will Mr. ASHCROFT. Mr. President, limit. have strong support. thank you very much. Mr. HARKIN. I will not object as The PRESIDING OFFICER. Who Mr. President, 50 percent of all ar- long as I understand and the record is seeks recognition? sons, 37 percent of all burglaries are clear that on amendment No. 355, the Mr. HATCH. Mr. President, I yield committed by juveniles, 17 percent of Frist-Ashcroft amendment on IDEA, back the remainder of my time on this all forcible rapes. there is no time limit. amendment, except let me just say Our juvenile justice system is no Mr. HATCH. No time limit. It will be this: I very much appreciate the efforts longer being asked to deal with chew- the last of the amendments in the of the Senator from Minnesota. As I ing gum and spitballs in the hall but order we are listing them. read it, it provides for six new grant real violent crime. I ask unanimous consent that that be programs totaling $170 million. This amendment is very straight- so. Mr. President, as you know, the issue forward and simple. It says that while The PRESIDING OFFICER. Is there of domestic violence, including its im- juveniles are committing adult crimes objection? pact on children, is one that has been with firearms, they should be treated Without objection, it is so ordered. of paramount concern to me over the as adults; that if juveniles are going to Mr. HATCH. I hope we can move to past 10 years. Working with Senator be involved in rapes, murders, armed these two amendments. We have 5 min- BIDEN, and the Senate, the Senate robberies, armed assaults, that kind of utes to debate them. acted decisively in 1994 by passing the violent crime, using firearms, that we May 18, 1999 CONGRESSIONAL RECORD — SENATE S5477 want to provide the encouragement, in- wrote to both the Republican and The assistant legislative clerk called centive, and resources from the Federal Democratic leaders of the Senate last the roll. level for States to treat those individ- year and asked them to oppose this Mr. REID. I announce that the Sen- uals as adults. So this amendment pro- kind of intrusion into the domain of ator from New York (Mr. MOYNIHAN) is vides States with incentives to try ju- State legislatures. necessarily absent. veniles as adults when they commit Mr. DURBIN. So under the provision I further announce that, if present armed violent crimes. of this amendment, only two States, and voting, the Senator from New York Specifically, this amendment encour- Mississippi and Kentucky, could re- (Mr. MOYNIHAN) would vote ‘‘no.’’ ages States to try juveniles as adults ceive Federal funds to try to deter ju- The result was announced—yeas 55, when youth over 14 use firearms. This venile crime? nays 44, as follows: is not just any kind of crime, but when Mr. LEAHY. That is right. The other [Rollcall Vote No. 125 Leg.] youth over 14 use firearms to commit 48 States would be cut out. YEAS—55 murder, forcible rape, armed robbery, Mr. DURBIN. This is a good idea for Abraham Frist McConnell armed assault, and use firearms in Mississippi and Kentucky. I don’t know Allard Gorton Murkowski major drug crimes. We have a real seri- about the rest of us. Ashcroft Gramm Nickles Bennett Grams Roberts ous situation where young people are Mr. LEAHY. It kind of hurts the rest Bond Grassley Roth committing crimes that we once of us. Brownback Gregg Santorum thought were reserved to adults. Mr. President, how much time re- Bunning Hagel Sessions mains? Burns Hatch Shelby Juveniles should understand that we Campbell Helms Smith (NH) will not consider this to be some sort The PRESIDING OFFICER. One Chafee Hollings Smith (OR) of status offense or delinquency, that minute 27 seconds. Cochran Hutchinson Specter the commission of real violent crime Mr. LEAHY. Mr. President, I have to Collins Hutchison Stevens oppose this. I have to oppose this, be- Coverdell Inhofe Thomas by juveniles will be treated as adult Craig Jeffords Thompson crime. The unpleasant fact is that all cause, one, it would help only two Crapo Kyl Thurmond too many juveniles commit serious States in the country, Kentucky and DeWine Lott Voinovich armed crime. The answer is to pros- Mississippi. It conditions the juvenile Domenici Lugar Warner accountability block grant in the bill Enzi Mack ecute these crimes vigorously to the Fitzgerald McCain to the other 48 States only if their leg- full extent of the law. NAYS—44 This amendment provides States islatures did something that they have all refused to do. Akaka Edwards Lieberman with substantial incentives to give Baucus Feingold Lincoln adult time to juveniles who commit We are telling these other States Bayh Feinstein Mikulski adult crimes. The purpose and thrust of that their legislatures are totally irrel- Biden Graham Murray this amendment, thus, is very narrow. evant; they must change their law be- Bingaman Harkin Reed cause we know better here. I really Boxer Inouye Reid For a narrow range of crimes—murder, Breaux Johnson Robb rape, robbery, assault, major drug don’t think that is the way to go. I Bryan Kennedy Rockefeller crimes—committed with a firearm, we come from a State that has probably Byrd Kerrey Sarbanes the toughest juvenile laws in the coun- Cleland Kerry Schumer provide Federal incentives and re- Conrad Kohl Snowe sources to try those criminals as adults try, but I am not going to tell my Daschle Landrieu Torricelli with adult penalties. State how they must do. Frankly, Mr. Dodd Lautenberg Wellstone It is with that in mind that this President, I oppose the amendment. I Dorgan Leahy Wyden Durbin Levin amendment obviously is one which I hope the 48 States that would be cut believe merits the support of all the out by this would listen to what the NOT VOTING—1 Members of the Senate. National Governors’ Association said Moynihan Mr. DURBIN. Will the Senator yield when they, Republicans and Democrats The motion was agreed to. for a question? alike, urged the Senate not to go for- Several Senators addressed the Mr. ASHCROFT. Yes. ward with this. Chair. Mr. DURBIN. How many States pres- The PRESIDING OFFICER. The Sen- Mr. HATCH. Mr. President, I move to ently have laws on the books which im- ator from Utah. reconsider the vote. pose the penalty of add-ons for chil- Mr. HATCH. Mr. President, I made a Mr. STEVENS. I move to lay that dren, those under the age of 14, for mistake in the sequence. Number 358 motion on the table. these crimes? should follow immediately after No. The motion to lay on the table was Mr. ASHCROFT. First of all, this 357, so I ask unanimous consent that agreed to. amendment refers to children 14 or that be so. The PRESIDING OFFICER. The Sen- over, not under the age of 14. The PRESIDING OFFICER. Without ator from Utah. Mr. DURBIN. How many States? objection, it is so ordered. Mr. HATCH. Mr. President, I ask Mr. ASHCROFT. I don’t know the The Senator from Iowa. unanimous consent that at 12:20 p.m. exact number of States, but a number PRIVILEGE OF THE FLOOR on Wednesday the Senate resume the of States do. Mr. HARKIN. Mr. President, I ask following amendments previously de- The PRESIDING OFFICER. The Sen- unanimous consent that Tom bated to the pending juvenile justice ator’s time has expired. Hlavacek, a fellow on my staff, be bill: No. 357, No. 358, No. 360, and No. The Senator from Vermont. granted the privilege of the floor for 361, with 10 minutes equally divided for Mr. LEAHY. Mr. President, I will tell the pendency of this matter. additional debate prior to the vote on the Senator from Illinois, there are The PRESIDING OFFICER. Without or in relation to these amendments. only two States, Kentucky and Mis- objection, it is so ordered. I further ask following disposition of sissippi, that would be in compliance The Senator from Utah. debate on each amendment, the amend- with this amendment’s mandate, only VOTE ON AMENDMENT NO. 359 ment be laid aside and at the hour of 1 two States in the whole country. Basi- Mr. HATCH. Mr. President, I move to p.m. Wednesday, the Senate proceed to cally, the amendment would tell all table the Wellstone amendment and vote on or in relation to the amend- the other States, your legislatures are ask for the yeas and nays. ments in the order in which they were irrelevant. We know better here. The PRESIDING OFFICER. Is there a offered, with 2 minutes prior to each Mr. DURBIN. Will the Senator yield sufficient second? vote for explanation. for a question? There is a sufficient second. The PRESIDING OFFICER. Without Mr. LEAHY. Surely. The yeas and nays were ordered. objection, it is so ordered. Mr. DURBIN. Do I understand, then, The PRESIDING OFFICER. The Mr. HATCH. Mr. President, for the that 48 other States would be disquali- question is on agreeing to the motion information of all Senators, the Senate fied from Federal grants? to table amendment No. 359. The yeas will resume the juvenile justice bill at Mr. LEAHY. That is right. In fact, and nays have been ordered. The clerk 10 a.m. on Wednesday, with Members the National Governors’ Association will call the roll. offering new amendments from the list S5478 CONGRESSIONAL RECORD — SENATE May 18, 1999 of amendments. However, votes will Amendment No. 348. The yeas and nays Back in the 50s, my action heroes occur on previously offered amend- have not been ordered. were Roy Rogers, the Lone Ranger, and ments, beginning at 1 p.m. on Wednes- Mr. LEAHY. Mr. President, I ask for Gene Autry. They were the good guys, day, so I urge my colleagues to offer the yeas and nays. who righted wrong and always got the their amendments in the morning for The PRESIDING OFFICER. Is there a girl. A witness at a Commerce Com- swift passage of the juvenile justice sufficient second? mittee hearing 2 weeks ago described bill. There is a sufficient second. today’s action heroes: Teenage Mutant Mr. LEAHY. If the Senator will yield, The yeas and nays were ordered. Ninja Turtles and Mighty Morphin if there are things we can do on the bill The PRESIDING OFFICER. The Power Rangers, whose TV show, we tonight we will still do them but with- question is on agreeing to the amend- were told, averaged 100 acts of violence out recorded votes, is that correct? ment. every single episode. The yeas and nays have been ordered. When I was in school, the strongest Mr. HATCH. We are going to be The clerk will call the roll. working on the managers’ amendment drug around was aspirin, and the most The legislative clerk called the roll. lethal weapon was a sling shot. Last this evening. Mr. REID. I announce that the Sen- year, over 6,000 students were expelled AMENDMENT NO. 348 ator from New York (Mr. MOYNIHAN), is for carrying a weapon to school—and The PRESIDING OFFICER. There is necessarily absent. most said they carried the weapon ‘‘out to be 2 minutes equally divided on the I further announce that, if present of a need for protection.’’ So far this Ashcroft amendment No. 348. Who and voting, the Senator from New York year—and the year is only 5 months yields time? (Mr. MOYNIHAN), would vote ‘‘no.’’ Mr. HATCH. Could I ask the Senator The result was announced—yeas 26, old—19 young people have met a vio- lent death while in school. Our schools to yield back his time? nays 73, as follows: were once safe havens in this country, Mr. ASHCROFT. Mr. President, I am [Rollcall Vote No. 126 Leg.] and there is something very wrong, as prepared to yield back my time if the YEAS—26 President Clinton points out, ‘‘when other side is prepared to yield back Abraham Craig Johnson kids are more worried about guns and theirs. Allard Domenici Lott Ashcroft Fitzgerald Lugar violence than math and science.’’ Mr. LEAHY. In fairness to the Sen- The underlying fear of Littleton is ator from Missouri, I will speak for 30 Bond Frist McConnell Bunning Gramm Murkowski that it is symptomatic of a broader seconds on this. Byrd Helms Smith (NH) pattern of youth violence in this coun- The PRESIDING OFFICER. The Sen- Campbell Hutchinson Thurmond Cochran Hutchison Warner try. Events at Columbine High echo ator from Missouri. the school shootings in Springfield, Mr. ASHCROFT. Mr. President, vio- Coverdell Inhofe NAYS—73 OR, when a student invaded the cafe- lent crime by juveniles is a major prob- teria, killed a fellow student, and lem: forcible rape, murder, armed rob- Akaka Gorton Murray wounded 22 others. It echoes events in bery, armed assault. This amendment Baucus Graham Nickles Bayh Grams Reed Jonesboro, AR, where two Middle simply says if you are going to commit Bennett Grassley Reid School students opened fire, killing armed robbery, forcible rape with the Biden Gregg Robb five students all under the age of 13 and use of a firearm, murder using a fire- Bingaman Hagel Roberts Boxer Harkin Rockefeller wounding 10 others. One of the young arm, assault using a firearm, or major Breaux Hatch Roth killers was reportedly angry over the drug crimes using a firearm, you Brownback Hollings Santorum breakup with his girlfriend. It echoes should be tried as an adult. This is a Bryan Inouye Sarbanes the West Paducah, KY murders in way of sending the clearest message Burns Jeffords Schumer Chafee Kennedy Sessions which a fourteen-year-old student that adult crime deserves adult time Cleland Kerrey Shelby stormed a prayer group meeting before and that use of a firearm is unaccept- Collins Kerry Smith (OR) school, killed three teenaged girls, and able. Chapter 44 in the code addresses Conrad Kohl Snowe Crapo Kyl Specter wounded five more students. It was re- the use of a firearm over and over Daschle Landrieu Stevens ported that the teen killer may have again. Use of firearms is something we DeWine Lautenberg Thomas been teased by members of the prayer care about federally. We spend a lot of Dodd Leahy Thompson group as well as members of the time debating it. Dorgan Levin Torricelli Durbin Lieberman Voinovich school’s football team. The question is, are we serious about Edwards Lincoln Wellstone In interviews with the neighbors of curtailing the use of firearms, espe- Enzi Mack Wyden the Littleton killers, each one—almost cially among young people? I think we Feingold McCain without exception—saw little sign of should be. This amendment provides Feinstein Mikulski the tragedy that lay ahead. These are for trying those as adults and provides NOT VOTING—1 the words of one of those neighbors: access to resources in return for so Moynihan I turn on the news and I see their house, doing. The amendment (No. 348) was re- and I think, ‘‘That’s my house! . . . It’s the The PRESIDING OFFICER. The Sen- jected. exact same house, the same windows, same ator’s time has expired. Mr. LEAHY. I move to reconsider the driveway, same trim, everything except the color. I lie in bed thinking: 200 feet from my Mr. LEAHY. Mr. President, the rea- vote. son the Governors of these States, all bedroom is where the guy conceived this idea Mr. HATCH. I move to lay that mo- to destroy everything we thought we had. of them, wrote to the Democratic and tion on the table. Everything you thought you knew about Republican leaders in opposition to The motion to lay on the table was your neighborhood, your schools, your this is it would knock out the juvenile agreed to. churches—all just shattered. Vaporized. We accountability block grant in the bill Mr. CLELAND. Mr. President, Win- feel like we are at ground zero.’’ to 48 of the States—48 of the States. ston Churchill once said that we build What causes two seemingly ‘‘normal’’ The only two that would get anything our homes, then our homes build us. I teenagers to go on a killing rampage? would be Kentucky and Mississippi. It can say happily that my home built Is it a change in our culture? Is it our would tell the other 48 States that me! I was fortunate to have had a great marketing of violent movies like ‘‘The their legislatures are irrelevant, their childhood—with two wonderful par- Basketball Diaries’’ and gory video laws are irrelevant. We know better. ents, a great church, and more than a games like ‘‘Doom?’’ Is it access to That is true even in some States that few wise and supportive teachers Internet recipes for building bombs? Is have tougher laws than this would pro- throughout my school years. I grew up it the plight of ‘‘latchkey’’ kids who pose. in Lithonia, Georgia, in a community come home every day after school to Because of that, I agree with the that cared. Unfortunately, not all chil- an empty house? What is the WHY of Governors, Republican and Democrat; dren growing up in America today are Littleton? What are the toxic factors we should not override our States this so blessed. Not all children have homes that are producing the alarming trend way. I oppose it. that shape and prepare them to deal in this country where young people set- The PRESIDING OFFICER. The with the culture of violence in the tle their grievances with mass mur- question is on agreeing to the Ashcroft world today. ders? May 18, 1999 CONGRESSIONAL RECORD — SENATE S5479 I am proud to be a cosponsor of the Ten years ago, May 17, 1989, the fed- Enclosures. amendment by Senator LIEBERMAN eral debt stood at $2,781,561,000,000 (Two which would create a National Com- trillion, seven hundred eighty-one bil- TABLE 1.—FISCAL YEAR 1999 SENATE CURRENT LEVEL mission on Youth Violence. It will lion, five hundred sixty-one million). REPORT, AS OF CLOSE OF BUSINESS, MAY 7, 1999 bring together religious leaders, edu- Fifteen years ago, May 17, 1984, the [In billions of dollars] cators, Cabinet heads, experts in par- federal debt stood at $1,486,043,000,000 Current enting, in law enforcement, and psy- (One trillion, four hundred eighty-six Budget res- Current level over/ olution S. level under reso- chology all focused on a single mission: billion, forty-three million). Res. 312 lution To understand what factors conspire to Twenty-five years ago, May 17, 1974, create a Littleton and what actions we the federal debt stood at $469,577,000,000 ON-BUDGET Budget Authority ...... 1,452.5 1,453.1 0.6 can take to address the possible causes (Four hundred sixty-nine billion, five Outlays ...... 1,411.3 1,411.5 0.2 of youth violence. The task will not be hundred seventy-seven million) which Revenues: 1999 ...... 1,358.9 1,359.1 0.2 easy and the answers will not be sim- reflects a debt increase of more than $5 1999–2003 ...... 7,187.0 7,187.7 0.7 trillion—$5,118,153,041,115.05 (Five tril- Deficit ...... 52.4 52.4 (1) ple. But this amendment is a critically Debt Subject to Limit ...... (2) 5,620.2 NA important step in addressing the cul- lion, one hundred eighteen billion, one OFF-BUDGET ture of violence that is pervading every hundred fifty-three million, forty-one Social Security Outlays: segment of our society. thousand, one hundred fifteen dollars 1999 ...... 321.3 321.3 0.0 1999–2003 ...... 1,720.7 1,720.7 0.0 It is obvious to me that we are in a and five cents) during the past 25 years. Social Security Revenues: cultural war in this country for the f 1999 ...... 441.7 441.7 (1) hearts and minds of our young people. 1999–2003 ...... 2,395.6 2,395.5 ¥0.1 BUDGET SCOREKEEPING REPORT And in anything and everything we can 1 Less than $50 million. 2 Not included in S. Res. 312. do to help and strengthen our children Mr. DOMENICI. Mr. President, I NA = Not applicable. through safe schools, through smaller hereby submit to the Senate the budg- Note.—Current level numbers are the estimated revenue and direct et scorekeeping report prepared by the spending effects of all legislation that the Congress has enacted or sent to classrooms, through greater adult the President for his approval. In addition, full-year funding estimates under interaction and support, we should ab- Congressional Budget Office under Sec- current law are included for entitlement and mandatory programs requiring tion 308(b) and in aid of Section 311 of annual appropriations even if the appropriations have not been made. The solutely do. This Congress has a role. current level of debt subject to limit reflects the latest information from the And one of the things we can—and the Congressional Budget Act of 1974, U.S. Treasury. should do—is to adopt the Lieberman as amended. This report meets the re- Source: Congressional Budget Office. amendment. The national commission quirements for Senate scorekeeping of will seek answers to the perplexing Section 5 of S. Con. Res. 32, the First TABLE 2.—SUPPORTING DETAIL FOR THE FISCAL YEAR questions of how we deal with the Concurrent Resolution on the Budget 1999 ON-BUDGET SENATE CURRENT LEVEL REPORT, AS hearts and minds of our youngsters in for 1986. OF CLOSE OF BUSINESS, MAY 7, 1999 this cultural war. And, sadly enough, This report, my first for fiscal year [In millions of dollars] 1999, shows the effects of congressional like real war, there are casualties. Budget au- Littleton, CO is an example of that. action on the budget through May 7, thority Outlays Revenues 1999. The estimates of budget author- Our hope is that we can take some Enacted in Previous Sessions: positive action that mitigates the ity, outlays, and revenues are con- Revenues ...... 1,359,099 sistent with the technical and eco- Permanents and other death and destruction of the Columbine spending legislation ...... 919,197 880,664 ...... tragedy. nomic assumptions of S. Res. 209, a res- Appropriation legislation ..... 820,578 813,989 ...... What is at stake is no less than this olution to provide budget levels in the Offsetting receipts ...... ¥296,825 ¥296,827 ...... Nation’s most precious resource, our Senate for purposes of fiscal year 1999, Total previously enacted 1,442,950 1,397,826 1,359,099 as amended by S. Res. 312. The esti- Entitlements and Mandatories: number one asset—our children. As the Budget resolution baseline writer James Agee said, ‘‘In every child mates show that current level spending estimates of appropriated is above the budget resolution by $0.6 entitlements and other who is born, under no matter what cir- mandatory programs not cumstances, and of no matter what billion in budget authority and above yet enacted ...... 10,143 13,661 ...... the budget resolution by $0.2 billion in Totals: parents, the potentiality of the human Total Current Level ...... 1,453,093 1,411,487 1,359,099 race is born again.’’ Mr. President, on outlays. Current level is $0.2 billion Total Budget Resolution ...... 1,452,512 1,411,334 1,358,919 Amount remaining: behalf of America’s children, I am very above the revenue floor in 1999. The Under Budget Resolution ...... pleased that the Lieberman amend- current estimate of the deficit for pur- Over Budget Resolution .. 581 153 180 ment has been accepted by both sides poses of calculating the maximum def- Source: Congressional Budget Office. and is part of this important legisla- icit amount is $52.4 billion, less than f tion. $50 million above the maximum deficit DAIRY POLICY REFORM f amount for 1999 of $52.4 billion. I ask unanimous consent that the re- Mr. LUGAR. Mr. President, Sec- MORNING BUSINESS port and transmittal letter dated May retary of Agriculture Glickman re- Mr. HATCH. Mr. President, I ask 12, 1999, be printed in the RECORD. cently announced reforms for the Fed- unanimous consent that the Senate There being no objection, the mate- eral milk marketing order system. now proceed to a period of morning rial was ordered to be printed in the These reforms were authorized by the business with Senators permitted to RECORD, as follows: 1996 farm bill in an effort to modernize speak for up to 10 minutes each. U.S. CONGRESS, and streamline an out-dated and ar- The PRESIDING OFFICER. Without CONGRESSIONAL BUDGET OFFICE, cane structure for pricing the nation’s objection, it is so ordered. Washington, DC, May 12, 1999. milk. As was the case with other com- f Hon. PETE V. DOMENICI, modities, the farm bill intended that Chairman, Committee on the Budget, Federal dairy policy be more modern THE VERY BAD DEBT BOXSCORE U.S. Senate, Washington, DC. and market-oriented to reflect innova- Mr. HELMS. Mr. President, at the DEAR MR. CHAIRMAN: The enclosed report, tions in the milk industry and to posi- my first for fiscal year 1999, shows the effects close of business yesterday, Monday, of Congressional action on the 1999 budget tion the United States to become a May 17, 1999, the federal debt stood at and is current through May 7, 1999. The esti- major trader in world markets. In an- $5,587,730,041,115.05 (Five trillion, five mates of budget authority, outlays, and rev- nouncing the reforms, Secretary Glick- hundred eighty-seven billion, seven enues are consistent with the technical and man said, ‘‘These reforms will help hundred thirty million, forty-one thou- economic assumptions of S. Res. 209, a reso- make sure that America’s dairy farm- sand, one hundred fifteen dollars and lution to provide budget levels in the Senate ers receive a fair price and that Amer- five cents). for purposes of fiscal year 1999, as amended ican consumers continue to enjoy an Five years ago, May 17, 1994, the fed- by S. Res. 312. This report is submitted under abundant, affordable supply of milk. section 308(b) and in aid of section 311 of the eral debt stood at $4,588,709,000,000 Congressional Budget Act, as amended. Our changes will also simplify the (Four trillion, five hundred eighty- Sincerely, wholesale milk pricing system, making eight billion, seven hundred nine mil- DAN L. CRIPPEN, it more market-oriented and more eq- lion). Director. uitable.’’ The changes are positive S5480 CONGRESSIONAL RECORD — SENATE May 18, 1999 steps toward accomplishing the goals gress cannot improve upon the depart- demonstrates the need for passage of stated by the secretary. The new struc- ment’s good-faith, balanced effort ei- the Patients’ Bill of Rights. Without ture is more market-oriented, more ther in committee or on the Senate the protections in that bill, patients beneficial to consumers and more equi- floor. If dairy farmers approve the new will not be guaranteed the right to par- table to farmers across the Nation. policy in referenda in their order areas, ticipate in these life-saving trials. Vir- During consideration of the 1996 farm we should allow the final rule to be im- tually every major cancer group in the bill, Congress could not agree on a pol- plemented on October 1, as scheduled, nation has endorsed the Patients’ Bill icy to modernize milk marketing or- without intervening legislation and I of Rights, and highlighted the clinical ders. The task of designing a consumer- will work toward that end. trials provision as a major reason for friendly and market-oriented program f enactment. was turned over to the Department of Patients are dying and cures of the PARTICIPATION IN CLINICAL Agriculture. The Secretary was given future are being delayed. Patients de- TRIALS—A BASIC HEALTH CARE until 1999 to design this new policy. In serve this opportunity for life. The RIGHT the interim between 1996 and 1999, Con- rights guaranteed in the Patients’ Bill gress allowed the northeast region of Mr. KENNEDY. Mr. President, a re- of Rights are essential for patients the country to set up a dairy compact cent article in the New York Times with cancer, congestive heart failure, in which producers could receive a demonstrates the importance of clin- lupus, Alzheimer’s Disease, Parkin- higher price for their milk. Authority ical trials in treating cancer and the son’s Disease, diabetes, and many other for the compact was scheduled to end serious problems that patients and re- deadly illnesses. Every day we delay with the implementation of the new searchers are now facing because of the more patients suffer. Congress has an milk marketing order policy. lack of adequate enrollment in these obligation to act. On January 2, 1998, as Secretary trials. I ask unanimous consent that the ar- Glickman prepared to consider changes Clinical trials are the primary means ticle from the New York Times may be to federal dairy policy, I wrote to him of testing new therapies for serious dis- printed in the RECORD. suggesting several ways to make dairy eases. In fact, these trials may be the There being no objection, the article policy more consumer friendly and only available treatment for patients was ordered to be printed in the market oriented. Included in my rec- whose conditions have failed to respond RECORD, as follows: ommendations was an overhaul of to conventional therapies. Class I differentials which set the The survey by the American Society [From the New York Times, May 16, 1999] prices that farmers receive for fluid of Clinical Oncologists discussed in the FEW TAKE PART IN CANCER TESTS, SLOWING milk. Shortly thereafter, USDA re- article found that less than five per- RESEARCH, SURVEY FINDS leased its proposed rule for milk mar- cent of cancer patients in the country ATLANTA, May 15 (AP).—Fewer than 5 per- keting order reform. The proposed rule are enrolled in clinical trials—al- cent of cancer patients in the nation take contained seven different options for though 20 percent are eligible to par- part in experiments to test new treatments, ticipate and would often receive better a figure at least four times lower than ideal pricing structures and noted Secretary if the most pressing cancer questions are to Glickman’s preference for the more quality care if they did. As the article be answered quickly, according to a survey market-oriented ‘‘Option 1B’’ for pric- points out, ‘‘Patients who participate released today. ing Class I milk. On February 25, 1998, receive at least state-of-the-art treat- ‘‘We need clinical trials to know what I again wrote to Secretary Glickman in ment and often get to take advantage works and what doesn’t,’’ said Dr. Allen support of his commitment to a more of otherwise unavailable approaches.’’ Lichter, president of the American Society market-oriented approach and made Several barriers exist to enrolling pa- of Clinical Oncology. recommendations for other changes tients in clinical trials. But a critical Cancer experts almost universally endorse that modernize federal dairy policy. element is the increasing reluctance of the need for patients to participate in formal The contents of the final rule were HMOs and other managed care plans to studies, but data on how many do so have been scarce. So the oncology society, the na- highly controversial. No one interested allow their enrollees to participate in tion’s largest group of cancer practitioners, in dairy policy—producers, processors such trials or to pay the routine hos- commissioned a survey of about 7,000 of its or consumers—was satisfied. Con- pitals costs of their participation is a members and released the results at its an- tradictory bills to amend portions of critical element. Until recently, health nual meeting here. the final rule were introduced in both insurance routinely paid for the doctor The survey found that about 40,000 Ameri- chambers of Congress. If I had written and hospital costs associated with clin- cans—3 percent to 5 percent of those found to the final rule, I would have made some ical trials. But managed care is reduc- have cancer each year—are enrolled in stud- changes also. ing that commitment. Today, managed ies of the disease. Far more patients could However, we should reflect on the en- care plans often will not permit their take part in the experiments, which doctors call clinical trials, the study found. tire rule and the process that led to its patients to enroll in clinical trials, and The survey estimated that about 20 per- promulgation. Because of the com- they will not pay for their participa- cent of cancer patients would be eligible to plexity of, and controversies sur- tion when they choose to do so on their participate in the studies taking place of rounding, dairy policy, Congress, in the own. their kinds of conditions. 1996 farm bill, gave USDA the responsi- The American Association of Health Dr. Ezekiel Emmanuel of the National In- bility to draw upon its expertise, con- Plans—the HMO trade association—has stitutes of Health, the study’s primary au- sult with the public and design a recognized that plans should encourage thor, said doctors should try to enroll the thoughtful milk marketing reform pol- patients to participate in clinical entire 20 percent. icy. USDA spent three years formu- trials, where medically appropriate. The experiments typically test new medi- lating the reforms contained in the But, too often, there is little or no par- cines or combinations of drugs to see wheth- er they work better than standard ap- final rule. During this process, the de- ticipation. proaches. Patients who participate receive at partment received more than 8,000 The decision to enter a clinical trial least state-of-the-art treatment and often comments from interested parties. The should be made by the treating physi- get to take advantage of otherwise unavail- final rule, though not perfect, is more cian and the patient. Yet the survey able approaches. equitable to all the nation’s dairy showed that only about half of eligible Only about half of eligible patients are told farmers and pro-consumer. It is a good patients are even told such trials are the studies are available. And only 20 per- first step toward a policy that places available. cent of cancer specialists have time set aside the nation’s dairy industry in a posi- S. 6, the Patients’ Bill of Rights, and to do this kind of cancer research. tion to better meet the challenges of its companion bill, HR 358, require The survey found that a doctor’s cost of health insurance plans to allow their enrolling and keeping a single patient in a the global markets of the new century. clinical trial averages $2,000. When we begin deliberations on the enrollees to participate in quality clin- The National Cancer Institute, the single next farm bill, we will have an oppor- ical trials sponsored by the NIH, the largest sponsor of these studies, pays doctors tunity to review and develop additional Department of Defense, and the Vet- $750 a patient for this work, while pharma- market-oriented reforms for dairy pol- erans Administration. The lack of ac- ceutical companies’ average payment is icy. But, I am convinced that the Con- cess highlighted by the article clearly about $2,500. May 18, 1999 CONGRESSIONAL RECORD — SENATE S5481 MESSAGES FROM THE PRESIDENT H.R. 669. An act to amend the Peace Corps EC–3029. A communication from the Pro- Act to authorize appropriations for fiscal gram Support Specialist, Aircraft Certifi- Messages from the President of the years 2000 through 2003 to carry out that Act, cation Service, Federal Aviation Adminis- United States were communicated to and for other purposes. tration, Department of Transportation, the Senate by Mr. Williams, one of his The enrolled bill was signed subse- transmitting, pursuant to law, the report of a rule entitled ‘‘Airworthiness Directives; secretaries. quently by the President pro tempore EXECUTIVE MESSAGES REFERRED Dornier Model 328–100 Series Airplanes; (Mr. THURMOND). Docket No. 98–NM–157–AD; Amendment 39– As in executive session the Presiding f 11114; AD 99–08–08’’ (RIN2120–AA64), received Officer laid before the Senate messages April 19, 1999; to the Committee on Com- from the President of the United MEASURE PLACED ON THE merce, Science, and Transportation. States submitting sundry nominations CALENDAR EC–3030. A communication from the Pro- which were referred to the appropriate The following bill was read the first gram Support Specialist, Aircraft Certifi- committees. cation Service, Federal Aviation Adminis- and second times and placed on the cal- tration, Department of Transportation, (The nominations received today are endar: printed at the end of the Senate pro- transmitting, pursuant to law, the report of H.R. 1555. An act to authorize appropria- a rule entitled ‘‘Airworthiness Directives; ceedings.) tions for fiscal year 2000 for intelligence and Empressa Brasileira de Aeronautica S.A. f intelligence-related activities of the United (EMBRAER) Model EMB–145 Series Air- States Government, the Community Man- planes; Docket No. 99–NM–93–AD; Amend- NOTICE ON CONTINUATION OF agement Account, and the Central Intel- ment 39–11159; AD 99–10–05’’ (RIN2120–AA64), EMERGENCY WITH RESPECT TO ligence Agency Retirement and Disability received May 4, 1999; to the Committee on BURMA—MESSAGE FROM THE System, and for other purposes. Commerce, Science, and Transportation. PRESIDENT—PM 29 f EC–3031. A communication from the Pro- gram Support Specialist, Aircraft Certifi- The PRESIDING OFFICER laid be- EXECUTIVE AND OTHER cation Service, Federal Aviation Adminis- fore the Senate the following message COMMUNICATIONS tration, Department of Transportation, from the President of the United transmitting, pursuant to law, the report of States, together with an accompanying The following communications were a rule entitled ‘‘Airworthiness Directives; report; which was referred to the Com- laid before the Senate, together with Avions Pierre Robin Model R2160 Airplanes; mittee on Banking, Housing, and accompanying papers, reports, and doc- Docket No. 98–CE–81–AD’’ (RIN2120–AA64), Urban Affairs. uments, which were referred as indi- received May 4, 1999; to the Committee on cated: Commerce, Science, and Transportation. To the Congress of the United States: EC–3032. A communication from the Pro- EC–3024. A communication from the Pro- gram Support Specialist, Aircraft Certifi- Section 202(d) of the National Emer- gram Support Specialist, Aircraft Certifi- gencies Act (50 U.S.C. 1622(d)) provides cation Service, Federal Aviation Adminis- cation Service, Federal Aviation Adminis- tration, Department of Transportation, for the automatic termination of a na- tration, Department of Transportation, tional emergency unless, prior to the transmitting, pursuant to law, the report of transmitting, pursuant to law, the report of a rule entitled ‘‘Airworthiness Directives; anniversary date of its declaration, the a rule entitled ‘‘Airworthiness Directives; Bell Helicopter Textron Canada Model 230 President publishes in the Federal Reg- Request for Comments; Bell Helicopter Tex- Helicopters; Docket No. 98–SW–48–AD’’ ister and transmits to the Congress a tron Canada Model 407 Helicopters; Docket (RIN2120–AA64), received April 22, 1999; to the notice stating that the emergency is to No. 99–SW–16–AD’’ (RIN2120–AA64), received Committee on Commerce, Science, and April 9, 1999; to the Committee on Com- continue in effect beyond the anniver- Transportation. merce, Science, and Transportation. EC–3033. A communication from the Pro- sary date. In accordance with this pro- EC–3025. A communication from the Pro- vision, I have sent the enclosed notice gram Support Specialist, Aircraft Certifi- gram Support Specialist, Aircraft Certifi- cation Service, Federal Aviation Adminis- to the Federal Register for publication, cation Service, Federal Aviation Adminis- tration, Department of Transportation, stating that the emergency declared tration, Department of Transportation, transmitting, pursuant to law, the report of with respect to Burma is to continue in transmitting, pursuant to law, the report of a rule entitled ‘‘Airworthiness Directives; effect beyond May 20, 1999. a rule entitled ‘‘Airworthiness Directives; Avions Pierre Robin Model R2160 Airplanes; As long as the Government of Burma Boeing Model 747 Series Airplanes; Docket Docket No. 98–CE–79–AD’’ (RIN2120–AA64), No. 98–NM–163–AD; Amendment 39–11106; AD received May 4, 1999; to the Committee on continues its policies of committing 99–08–02’’ (RIN2120–AA64), received April 9, large-scale repression of the demo- Commerce, Science, and Transportation. 1999; to the Committee on Commerce, EC–3034. A communication from the Pro- cratic opposition in Burma, this situa- Science, and Transportation. gram Support Specialist, Aircraft Certifi- tion continues to pose an unusual and EC–3026. A communication from the Pro- cation Service, Federal Aviation Adminis- extraordinary threat to the national gram Support Specialist, Aircraft Certifi- tration, Department of Transportation, security and foreign policy of the cation Service, Federal Aviation Adminis- transmitting, pursuant to law, the report of United States. For this reason, I have tration, Department of Transportation, a rule entitled ‘‘Airworthiness Directives; determined that it is necessary to transmitting, pursuant to law, the report of Robinson Helicopter Company Model R44 a rule entitled ‘‘Airworthiness Directives; Helicopters; Docket No. 99–SW–25–AD’’ maintain in force these emergency au- Avions Pierre Robin Model R2160 Airplanes; thorities beyond May 20, 1999. (RIN2120–AA64), received April 19, 1999; to the Docket No. 98–CE–82–AD’’ (RIN2120–AA64), Committee on Commerce, Science, and WILLIAM J. CLINTON. received April 9, 1999; to the Committee on Transportation. THE WHITE HOUSE, May 18, 1999. Commerce, Science, and Transportation. EC–3035. A communication from the Pro- f EC–3027. A communication from the Pro- gram Analyst, Office of the Chief Counsel, gram Support Specialist, Aircraft Certifi- Federal Aviation Administration, Depart- MESSAGES FROM THE HOUSE cation Service, Federal Aviation Adminis- ment of Transportation, transmitting, pur- At 2:23 p.m., a message from the tration, Department of Transportation, suant to law, the report of a rule entitled House of Representatives, delivered by transmitting, pursuant to law, the report of ‘‘Amendment to Macon-Fowler Municipal a rule entitled ‘‘Airworthiness Directives; Mr. Hays, one of its reading clerks, an- Airport Class E Airspace Area, MO; Direct Lockheed Model L–1011–385 Series Airplanes; Final Rule; Request for Comments; Docket nounced that the House has passed the Docket No. 97–NM–315–AD; Amendment 39– No. 99–ACE–20/4–20 (4–22)’’ (RIN2120–AA66) following bill, in which it requests the 11128; AD 99–08–20’’ (RIN2120–AA64), received (1999–0142), received April 22, 1999; to the concurrence of the Senate: April 15, 1999; to the Committee on Com- Committee on Commerce, Science, and H.R. 1555. An act to authorize appropria- merce, Science, and Transportation. Transportation. tions for fiscal year 200 for intelligence and EC–3028. A communication from the Pro- EC–3036. A communication from the Pro- intelligence-related activities of the United gram Support Specialist, Aircraft Certifi- gram Analyst, Office of the Chief Counsel, States Government, the Community Man- cation Service, Federal Aviation Adminis- Federal Aviation Administration, Depart- agement Account, and the Central Intel- tration, Department of Transportation, ment of Transportation, transmitting, pur- ligence Agency Retirement and Disability transmitting, pursuant to law, the report of suant to law, the report of a rule entitled System, and for other purposes. a rule entitled ‘‘Airworthiness Directives; ‘‘Amendment of Stockton Municipal Airport Robinson Helicopter Company Model R22 Class E Airspace Area, MO; Direct Final ENROLLED BILL SIGNED Helicopters; Docket No. 99–SW–24–AD’’ Rule; Confirmation of Effective Date; Docket The message also announced that the (RIN2120–AA64), received April 15, 1999; to the No. 99–ACE–7/5–7 (5–6)’’ (RIN2120–AA66) (1999– Speaker has signed the following en- Committee on Commerce, Science, and 0173), received May 4, 1999; to the Committee rolled bill: Transportation. on Commerce, Science, and Transportation. S5482 CONGRESSIONAL RECORD — SENATE May 18, 1999 EC–3037. A communication from the Pro- Class E Airspace, IA; Request for Comments; (E,Z) 4-(3-(4-chlorophenyl)-3-(,4- gram Analyst, Office of the Chief Counsel, Docket No. 99–ACE–22/5–7 (5–6)’’ (RIN2120– dimethoxyphenyl)-1-oxo-2- Federal Aviation Administration, Depart- AA66)(1999–0174), received May 4, 1999; to the propenly)morpholine; Pesticide Tolerances’’ ment of Transportation, transmitting, pur- Committee on Commerce, Science, and (FRL # 6079–5), received May 5, 1999; to the suant to law, the report of a rule entitled Transportation. Committee on Agriculture, Nutrition, and ‘‘Revision of Class E Airspace; Galveston, EC–3046. A communication from the Under Forestry. TX; Request for Comments; Docket No. 99– Secretary for Oceans and Atmosphere, De- EC–3056. A communication from the Direc- ASW–09/5–5 (5–6)’’ (RIN2120–AA66) (1999–0171), partment of Commerce, transmitting, pursu- tor, Office of Regulatory Management and received May 4, 1999; to the Committee on ant to law, the annual report of the Coastal Information, Environmental Protection Commerce, Science, and Transportation. Zone Management Fund for fiscal year 1998; Agency, transmitting, pursuant to law, the EC–3038. A communication from the Pro- to the Committee on Commerce, Science, report of two rules entitled ‘‘Methacrylic Co- gram Analyst, Office of the Chief Counsel, and Transportation. polymer; Exemption from the Requirement Federal Aviation Administration, Depart- EC–3047. A communication from the Gen- of a Tolerance’’ (FRL # 6077–7) and ment of Transportation, transmitting, pur- eral Counsel, Department of Defense, trans- ‘‘Sulfosulfuro; Pesticide Tolerance’’ (FRL # suant to law, the report of a rule entitled mitting, pursuant to law, a report relative to 6078–4), received May 11, 1999; to the Com- ‘‘Revision of Class E Airspace; Shreveport, prisoner transfers; to the Committee on mittee on Agriculture, Nutrition, and For- LA; Request for Comments; Docket No. 99– Armed Services. estry. ASW–10/5–5 (5–6)’’ (RIN2120–AA66) (1999–0172), EC–3048. A communication from the Con- EC–3057. A communication from the Direc- received May 4, 1999; to the Committee on gressional Review Coordinator, Regulatory tor, Office of Regulatory Management and Commerce, Science, and Transportation. Analysis and Development, Policy and Pro- Information, Environmental Protection EC–3039. A communication from the Pro- gram Development, Animal and Plant Health Agency, transmitting, pursuant to law, the gram Analyst, Office of the Chief Counsel, Inspection Service, Department of Agri- report a rule entitled ‘‘Emamectin Benzoate; Federal Aviation Administration, Depart- culture, transmitting, pursuant to law, the Pesticide Tolerance’’ (FRL # 6079–7), re- ment of Transportation, transmitting, pur- report of a rule entitled ‘‘Commuted Travel- ceived May 14, 1999; to the Committee on Ag- suant to law, the report of a rule entitled time Periods: Overtime Services Relating to riculture, Nutrition, and Forestry. ‘‘Revision of Class E Airspace; Barter Island, Imports and Exports’’, received May 11, 1999; EC–3058. A communication from the Direc- AK; Docket No. 99–AAL–21/4–20 (4–22)’’ to the Committee on Agriculture, Nutrition, tor, Office of Regulatory Management and (RIN2120–AA66) (1999–0140), received April, 22, and Forestry. Information, Office of Policy, Planning and 1999; to the Committee on Commerce, EC–3049. A communication from the Ad- Evaluation, Environmental Protection Agen- Science, and Transportation. ministrator, Food and Consumer Service, De- cy, transmitting, pursuant to law, the report EC–3040. A communication from the Pro- partment of Agriculture, transmitting, pur- of four rules entitled ‘‘Approval and Promul- gram Analyst, Office of the Chief Counsel, suant to law, the report of a rule entitled gation of Implementation Plans; California Federal Aviation Administration, Depart- ‘‘Retailer Integrity, Fraud Reduction and State Implementation Plan, Six California ment of Transportation, transmitting, pur- Penalties’’, received May 4, 1999; to the Com- Air Pollution Control Districts’’ (FRL # suant to law, the report of a rule entitled mittee on Agriculture, Nutrition, and For- 6337–8), ‘‘Findings of Significant Contribu- ‘‘Revision of Class E Airspace; Soldatna, AK; estry. tion and Rulemaking on Section 126 Peti- Docket No. 99–AAL–22/4–20 (4–22)’’ (RIN2120– EC–3050. A communication from the Ad- tions for Purposes of Reducing Interstate AA66) (1999–0139), received April, 22, 1999; to ministrator, Farm Service Agency, Farm Ozone Transport’’ (FRL # 6336–9), ‘‘Guide- the Committee on Commerce, Science, and and Foreign Agricultural Services, Depart- lines Establishing Test Procedures for the Transportation. ment of Agriculture, transmitting, pursuant Analysis of Oil and Grease Non-polar Mate- EC–3041. A communication from the Pro- to law, the report of a rule entitled ‘‘Dairy rial Under the Clean Water Act and Resource gram Analyst, Office of the Chief Counsel, Market Loss Assistance Program’’ (RIN0560– Conservation and Recovery Act; Final Rule’’ Federal Aviation Administration, Depart- AF67), received May 5, 1999; to the Com- (FRL # 6341–9) and ‘‘Technical Amendment ment of Transportation, transmitting, pur- mittee on Agriculture, Nutrition, and For- to Finding of Significant Contribution and suant to law, the report of a rule entitled estry. Rulemaking for Certain States in the Ozone ‘‘Revision of Class E Airspace; Port Heiden, EC–3051. A communication from the Ad- Transport Assessment Group (OTAG) Region AK; Docket No. 98–AAL–25/4–20 (4–22) 4/20/99’’ ministrator, Farm Service Agency, Farm for Purposes of Reducing Regional Transport (RIN2120–AA66) (1999–0137), received April, 22, and Foreign Agricultural Services, Depart- of Ozone’’ (FRL # 6338–6), received May 10, 1999; to the Committee on Commerce, ment of Agriculture, transmitting, pursuant 1999; to the Committee on Environment and Science, and Transportation. to law, the report of a rule entitled ‘‘Final Public Works. EC–3042. A communication from the Pro- Rule: 1998 Single-Year and Multi-Year Crop EC–3059. A communication from the Direc- gram Analyst, Office of the Chief Counsel, Loss Disaster Assistance Program’’ tor, Office of Regulatory Management and Federal Aviation Administration, Depart- (RIN0560–AF75), received May 13, 1999; to the Information, Office of Policy, Planning and ment of Transportation, transmitting, pur- Committee on Agriculture, Nutrition, and Evaluation, Environmental Protection Agen- suant to law, the report of a rule entitled Forestry. cy, transmitting, pursuant to law, the report ‘‘Revision of Class E Airspace; Lake Charles; EC–3052. A communication from the Direc- of four rules entitled ‘‘Clean Air Act Ap- Direct Final Rule; Correction; Docket No. tor, Office of Regulatory Management and proval and Promulgation of New Source Re- 99–ASW–04/4–20 (4–22)’’ (RIN2120–AA66) (1999– Information, Environmental Protection view Provisions Implementation Plan for Ne- 0136), received April, 22, 1999; to the Com- Agency, transmitting, pursuant to law, the vada State Clark County Air Pollution Con- mittee on Commerce, Science, and Transpor- report of a rule entitled ‘‘Diphenylamine; trol District’’ (FRL # 6336–6), ‘‘National Pri- tation. Pesticide Tolerance’’ (FRL # 6077–3), re- orities List for Uncontrolled Hazardous EC–3043. A communication from the Pro- ceived May 10, 1999; to the Committee on Ag- Waste Sites’’ (FRL # 6338–5), ‘‘Revisions to gram Analyst, Office of the Chief Counsel, riculture, Nutrition, and Forestry. the Clean Water Regulatory Definition of Federal Aviation Administration, Depart- EC–3053. A communication from the Direc- ‘Discharge of Dredged Material’ ’’ (FRL # ment of Transportation, transmitting, pur- tor, Office of Regulatory Management and 6338–9) and ‘‘Technical Amendment to Find- suant to law, the report of a rule entitled Information, Environmental Protection ing of Significant Contribution and Rule- ‘‘Revision of Class E Airspace; Eielson Air Agency, transmitting, pursuant to law, the making for Certain States in the Ozone Force Base, AK; Docket No. 99–AAL–1/4–20 (4– report of two rules entitled ‘‘Iprodione; Pes- Transport Assessment Group (OTAG) Region 22)’’ (RIN2120–AA66) (1999–0138), received ticide Tolerance’’ (FRL # 6064–5) and for Purposes of Reducing Regional Transport April 22, 1999; to the Committee on Com- ‘‘Myclobutanil; Extension of Tolerance for of Ozone’’ (FRL # 6338–6), received May 5, merce, Science, and Transportation. Emergency Exemptions’’ (FRL # 6074–9), re- 1999; to the Committee on Environment and EC–3044. A communication from the Pro- ceived May 4, 1999; to the Committee on Ag- Public Works. gram Analyst, Office of the Chief Counsel, riculture, Nutrition, and Forestry. EC–3060. A communication from the Direc- Federal Aviation Administration, Depart- EC–3054. A communication from the Direc- tor, Office of Regulatory Management and ment of Transportation, transmitting, pur- tor, Office of Regulatory Management and Information, Office of Policy, Planning and suant to law, the report of a rule entitled Information, Environmental Protection Evaluation, Environmental Protection Agen- ‘‘FAA Policy on Enforcement of the Haz- Agency, transmitting, pursuant to law, the cy, transmitting, pursuant to law, the report ardous Materials Regulations; Penalty report of two rules entitled ‘‘Azoxystrobin; of five rules entitled ‘‘Appendix A—Test Guidelines; General Statement of Policy’’ Extension of Tolerance for Emergency Ex- Methods: Three New Methods for Velocity (RIN2120–ZZ18), received April 22, 1999; to the emptions’’ (FRL # 6074–2) and ‘‘Halosulfuron; and Volumetric Flow Rate Determination in Committee on Commerce, Science, and Pesticide Tolerance’’ (FRL # 6078–5), re- Stacks or Ducts’’ (FRL # 6337–1), ‘‘Approval Transportation. ceived May 6, 1999; to the Committee on Ag- and Promulgation of Air Quality Plans; EC–3045. A communication from the Pro- riculture, Nutrition, and Forestry. Maine; Approval of Fuel Control Program gram Analyst, Office of the Chief Counsel, EC–3055. A communication from the Direc- under Section 211(c)’’ (FRL # 6338–2), ‘‘Ap- Federal Aviation Administration, Depart- tor, Office of Regulatory Management and proval and Promulgation of Air Quality Im- ment of Transportation, transmitting, pur- Information, Environmental Protection plementation Plans; Utah; Foreword and suant to law, the report of a rule entitled Agency, transmitting, pursuant to law, the Definitions, Revision to Definition for Sole ‘‘Amendment to Harlan Municipal Airport report of a rule entitled ‘‘Dimethomorph, Source of Heat and Emissions Standards May 18, 1999 CONGRESSIONAL RECORD — SENATE S5483 Nonsubstantive Changes; General Require- Whereas, the mandating of Social Security Department of Health and Human Services, ments, Open Burning and Nonsubstantive coverage for non-federal public employees and the members of Hawaii’s congressional Changes; and Foreword and Definitions, Ad- may raise significant legal issues; now there- delegation. dition of Definition for PM10 Nonattainment fore be it Area’’ (FRL # 6340–1), ‘‘Approval and Pro- Resolved, that the Massachusetts Senate POM–121. A joint resolution adopted by the mulgation of Implementation Plans under hereby urges the Congress of the United Legislature of the State of Maine relative to Section 112(l); State of Iowa’’ (FRL # 6340–3) States to reject any proposal to reform So- the proposed ‘‘Prescription Drug Fairness for and ‘‘Approval and Promulgation of Imple- cial Security that includes mandatory Social Seniors Act’’; to the Committee on Finance. mentation Plans; California State Imple- Security coverage for public employees; and JOINT RESOLUTION mentation Plan Revisions, Mojave Desert be it further We, your Memorialists, the Members of the Air Quality Management District and Resolved, that a copy of these resolutions One Hundred and Nineteenth Legislature of Tehama County Air Pollution Control Dis- be transmitted by the clerk of the Senate to the State of Maine now assembled in the trict’’ (FRL # 6334–5), received May 6, 1999; to the President of the United States, the pre- First Regular Session, most respectfully the Committee on Environment and Public siding officers of both Houses of Congress present and petition the President of the Works. and the entire congressional delegation from United States and the United States Con- EC–3061. A communication from the Direc- the Commonwealth. gress, as follows: tor, Ofice of Regulatory Management and In- Whereas, the elderly of the United States formation, Office of Policy, Planning and POM–120. A concurrent resolution adopted are 14% of the population and consume 30% Evaluation, Environmental Protection Agen- by the Legislature of the State of Hawaii rel- of the prescription drugs and Medicare does cy, transmitting, pursuant to law, the report ative to Social Security; to the Committee not cover the cost of prescription drugs ex- of three rules entitled ‘‘Approval and Pro- on Finance. cept in a very few cases; and Whereas, the House Government Reform mulgation of Air Quality Plans; Georgia; Re- HOUSE CONCURRENT RESOLUTION 203 vised Format for Materials Being Incor- and Oversight Committee conducted studies Whereas, an administrative fee to process in 20 congressional districts in 1998 and dis- porated by Reference’’ (FRL # 6335–9), ‘‘Iden- the state supplement for Supplemental Secu- covered there are vast differences between tification of Additional Ozone Areas Attain- rity Income was implemented by section 5102 prices that pharmaceutical companies ing the 1-Hour Standard and to Which the 1- of the Balanced Budget Act of 1997; and charge their favored customers, such as Hour Standard is No Longer Applicable’’ Whereas, the administrative fee to process HMOs, large hospitals and the Federal Gov- (FRL # 6344–4) and ‘‘National Emission the state supplement for Supplemental Secu- ernment, and the prices they charge unin- Standards for Hazardous Air Pollutants for rity Income increases annually, and in fiscal sured senior citizens; and Polyether Polyols Products’’ (FRL # 6344–7), year 2003 will increase to coincide with the Whereas, older Americans, who are often received May 13, 1999; to the Committee on Consumer Price Index; and on fixed and limited incomes, pay on the av- Environment and Public Works. Whereas, there is no increase in the serv- erage nearly double the price for prescription f ices provided by the Social Security Admin- drugs that the favored customers of the PETITIONS AND MEMORIALS istration; and pharmaceutical companies pay; and Whereas, therefore, in fiscal year 1999, Ha- Whereas, there is now before Congress leg- The following petitions and memo- waii is paying $7.60 to issue a supplement of islation that would address this inequity by rials were laid before the Senate and $4.90; and protecting the elderly from drug price dis- were referred or ordered to lie on the Whereas, Hawaii must continue to pay the crimination and making prescription drugs table as indicated: administrative fee to avoid jeopardizing available to Medicare beneficiaries at sub- Medicaid reimbursements; and stantially reduced prices; and POM–119. A resolution adopted by the Sen- Whereas, the contracting of the state sup- Whereas, the Prescription Drug Fairness ate of the Legislature of the Commonwealth plement for Supplemental Security Income for Seniors Act, sponsored by Representative of Massachusetts relative to Social Security; to a private vendor will decrease eligibility Tom Allen of the First District in Maine and to the Committee on Finance. for Aged, Blind, and Disabled individuals be- cosponsored by countless others, would not SENATE RESOLUTION cause the Social Security Administration establish new federal bureaucracy but would Whereas, the Congress of the United will allow the State to use only the Supple- utilize an existing pharmacy distribution States, as part of its efforts to address the fi- mental Security Income Federal Benefit system; and Whereas, this important legislation would nancial crisis confronting the Social Secu- Rate as the standard of assistance for all in- ensure that no older American would need to rity System, is considering a proposal man- dividuals regardless of living arrangement; choose between buying food or medicine or dating Social Security coverage for public now, therefore, be it paying the basic bills or choosing to live in employees, including public employees in Resolved by the House of Representatives of pain and anxiety; now, therefore, be it Massachusetts who presently do not partici- the Twentieth Legislature of the State of Ha- Resolved, That We, your Memorialists, re- pate in the Social Security system; and waii, Regular Session of 1999, the Senate con- quest that the President of the United States Whereas, the Commonwealth of Massachu- curring, That this body urges the United and the United States Congress work to- setts and its cities and towns provided re- States Congress, the President of the United gether to pass this important and far-reach- tirement benefits to employees prior to the States, and the Secretary of Health and ing legislation that would help the elderly creation of Social Security and, after being Human Services to support United States and, in turn, all Americans; and be it further explicitly precluded from participation in Senator Daniel K. Akaka, United States Sen- Resolved, That suitable copies of this reso- the Social Security System, adopted a re- ator Daniel K. Inouye, United States Rep- lution, duly authenticated by the Secretary tirement structure providing adequate re- resentative Neil Abercrombie, and United of State, be transmitted to the Honorable tirement and survivor benefits to employees States Representative Patsy T. Mink’s fed- William J. Clinton, President of the United including vital benefits for those perma- eral legislation to amend the Social Security States; the President of the United States nently disabled in the line of duty; and Act in the following manner: Senate; the Speaker of the House of Rep- Whereas, in the early 1980’s the Common- (1) To allow Hawaii to not issue a state resentative of the United States and to each wealth of Massachusetts and its cities and supplement for Supplemental Security In- Member of the Maine Congressional Delega- towns were confronted by a similar financial come; tion. crisis in retirement funding which, through (2) To limit the cost of the administrative f the adoption of aggressive funding and in- fees to process the state supplement for Sup- vestment policies following major statutory plemental Security Income by determining a REPORTS OF COMMITTEES reforms, has been averted resulting in the se- maximum fee; The following reports of committees cure financing of retirement benefits; and (3) To prohibit the Social Security Admin- were submitted: Whereas, conservative estimates indicate istration from increasing the amount of ad- that such public employee mandated Social ministrative fees to process the state supple- By Mr. MCCAIN, from the Committee on Security coverage would impose billions of ment for Supplemental Security Income Commerce, Science, and Transportation, dollars in added costs on public employers in without any increase in services; and without amendment: H.R. 1034. A bill to declare a portion of the the Commonwealth of Massachusetts there- (4) To allow Hawaii to contract the proc- James River and Kanawha Canal in Rich- by diverting public resources from edu- essing of state supplements for Supple- mond, Virginia, to be nonnavigable waters of cation, public safety, public works, health mental Security Income to a private vendor the United States for purposes of title 46, care and child care without having a serious without being penalized by decreasing the United States Code, and the other maritime impact on the fiscal condition of the Social standard of assistance to the Federal Benefit laws of the United States. Security System; and Rate only; and be it further Whereas, it has been determined that na- Resolved, That certified copies of this Con- f tionally such mandatory Social Security current Resolution be transmitted to the INTRODUCTION OF BILLS AND coverage would provide a short term fiscal President of the United States Senate, the JOINT RESOLUTIONS solution that ultimately would extend the Speaker of the United States House of Rep- Social Security trust fund solvency by only resentatives, the President of the United The following bills and joint resolu- two years; and States, the Secretary of the United States tions were introduced, read the first S5484 CONGRESSIONAL RECORD — SENATE May 18, 1999 and second time by unanimous con- Mr. ROBERTS, Mr. ENZI, and Mr. Nevertheless, one of the home health sent, and referred as indicated: HAGEL): agencies in my State —Hancock Coun- S. 1073. A bill to amend the Trade Act of By Ms. COLLINS: ty HomeCare—has been classified as a S. 1063. A bill to amend title XVIII of the 1974 to ensure that United States industry is consulted with respect to all aspects of the ‘‘new’’ home health agency, even Social Security Act to provide for a special though it has been serving the people rule for long existing home health agencies WTO dispute settlement process; to the Com- with partial fiscal year 1994 cost reports in mittee on Finance. of rural Down East Maine for more calculating the per beneficiary limits under f than 60 years. I am sure that there are the interim payment system for such agen- SUBMISSION OF CONCURRENT AND other long-standing home health agen- cies; to the Committee on Finance. SENATE RESOLUTIONS cies across the country that have found By Mr. THURMOND: themselves in a similar situation as a The following concurrent resolutions S. 1064. A bill to provide for the location of consequence of this provision. the National Museum of the United States and Senate resolutions were read, and Army; to the Committee on Armed Services. referred (or acted upon), as indicated: Hancock County HomeCare is a divi- By Mr. DODD: By Mr. HUTCHINSON (for himself, Mr. sion of Blue Hill Memorial Hospital, a S. 1065. A bill to authorize negotiation for charitable, tax-exempt hospital. Han- the accession of Chile to the North American WELLSTONE, Mr. FEINGOLD, Mr. SMITH Free Trade Agreement, to provide for Fast of New Hampshire, Ms. COLLINS, Mr. cock County HomeCare emerged as a Track Consideration and for other purposes; BUNNING, Mr. KYL, Mr. ABRAHAM, Mr. result of a merger of the hospital with to the Committee on Finance. SESSIONS, Mr. GRASSLEY, Ms. SNOWE, the Four Town Nursing Service and By Mr. ROBERTS (for himself, Mr. Mr. JEFFORDS, and Mr. BROWNBACK): Bar Harbor Public Health Nursing, S. Res. 103. A resolution concerning the MURKOWSKI, Mr. GRAMS, Mr. HAGEL, both non-profit home health agencies tenth anniversary of the Tiananmen Square and Mr. CRAIG): that have provided uninterrupted serv- S. 1066. A bill to amend the National Agri- massacre of June 4, 1989, in the People’s Re- cultural Research, Extension, and Teaching public of China; to the Committee on For- ice to residents of Hancock County, Policy Act of 1977 to encourage the use of eign Relations. Maine for more than 60 years. The uni- and research into agricultural best practices f fied agency, which provides skilled to improve the environment, and for other STATEMENTS ON INTRODUCED home nursing and therapies to resi- purposes; to the Committee on Agriculture, BILLS AND JOINT RESOLUTIONS dents of 36 towns, has been part of Blue Nutrition, and Forestry. Hill Memorial Hospital since 1981. By Mr. ROCKEFELLER (for himself, By Ms. COLLINS: Mr. CHAFEE, Mr. DEWINE, Ms. COL- S. 1063. A bill to amend title XVIII of Despite its 60-year history of service LINS, Ms. LANDRIEU, Mr. LEVIN, Mr. the Social Security Act to provide for to the community, Hancock County MOYNIHAN, Mr. KERREY, Mr. DORGAN, a special rule for long existing home HomeCare has been classified as a Mr. CONRAD, Mr. INOUYE, Mr. BREAUX, health agencies with partial fiscal year ‘‘new’’ agency simply because it hap- Mr. DURBIN, and Mr. TORRICELLI): pened to change the ending date of its S. 1067. A bill to promote the adoption of 1994 cost reports in calculating the per children with special needs; to the Com- beneficiary limits under the interim fiscal year during 1994, when Blue Hill mittee on Finance. payment system for such agencies; to Memorial and its affiliate changed By Mr. KERRY (for himself, Mr. BOND, the Committee on Finance. theirs. Solely because it changed its Mr. HOLLINGS, Mr. WELLSTONE, Mr. MEDICARE HOME HEALTH TECHNICAL fiscal year from a period ending June TORRICELLI, Mr. MOYNIHAN, Mr. JOHN- CORRECTIONS LEGISLATION 30 to a period ending March 31, this 60- SON, Ms. LANDRIEU, and Mr. LEVIN): Ms. COLLINS. Mr. President, I rise year old agency is being treated as a S. 1068. A bill to provide for health, edu- cation, and welfare of children under 6 years today to introduce legislation that new agency by HCFA. Given the care of age; to the Committee on Health, Edu- would make a technical correction to a taken by Congress to exclude name cation, Labor, and Pensions. provision of the Balanced Budget Act changes and corporate structure By Mr. WELLSTONE (for himself, Mrs. of 1997 that is causing great unfairness changes from the definition of a ‘‘new’’ MURRAY, and Mr. SCHUMER): to long-established home health agen- agency, I simply do not believe that it S. 1069. A bill to provide economic security cies and their patients. It would pro- was our intent to visit radically dif- and safety for battered women, and for other purposes; to the Committee on Finance. vide for a special rule for long-existing ferent treatment upon an agency that By Mr. BOND (for himself, Mr. ENZI, home health agencies that have been simply changed its financial reporting Mr. JEFFORDS, Mr. BURNS, Mr. classified as ‘‘new’’ home health agen- practices, but otherwise has a contin- VOINOVICH, Ms. SNOWE, Mr. cies for purposes of the Interim Pay- uous history of operation and is fully ASHCROFT, Mr. MCCONNELL, Mr. ment System (IPS) simply because able to provide 12 months of reliable LOTT, Mr. NICKLES, Mr. HUTCHINSON, they happened to change the ending data in accordance with Medicare cost Mr. MACK, Mr. COVERDELL, Mr. SHEL- date of their fiscal year, and, as a con- reporting requirements. BY, Mr. KYL, Mr. FITZGERALD, Mr. sequence, do not have a full 12-month I believe that the statute gives the ABRAHAM, Mr. GREGG, Mrs. cost reporting period in federal fiscal HUTCHISON, Mr. HELMS, Mr. BUNNING, Health Care Financing Administration year 1994. Mr. CRAPO, Mr. BENNETT, Mr. sufficient discretion to deal with this Under the complicated formula for DEWINE, Mr. HAGEL, Mr. SESSIONS, situation administratively. Unfortu- the Medicare Interim Payment System Mr. CHAFEE, Ms. COLLINS, and Mr. nately, however, HCFA does not agree BROWNBACK): for home health agencies, Medicare de- S. 1070. A bill to require the Secretary of termines a limit for most established with that interpretation and insists Labor to wait for completion of a National agencies using a formula that recog- that further legislative action is nec- Academy of Sciences study before promul- nizes the agency’s historical costs and essary if Hancock County HomeCare is gating a standard, regulation or guideline on to be considered an ‘‘old’’ agency for ergonomics; to the Committee on Health, blends them, in a proportion of 75 per- cent to 25 percent, with regional purposes of the Interim Payment Sys- Education, Labor, and Pensions. tem. By Mr. CRAPO (for himself and Mr. norms. For new home health agencies CRAIG): without a historic record of cost re- The legislation that I am introducing S. 1071. A bill to designate the Idaho Na- ports, the per-beneficiary limit is set today to clarify the law was prepared tional Engineering and Environmental Lab- at the national median. with technical assistance from HCFA. oratory as the Center of Excellence for Envi- In defining the difference between Essentially, the bill would provide for a ronmental Stewardship of the Department of Energy Land, and establish the Natural Re- new and existing agencies, the Admin- special rule for home care agencies sources Institute within the Center; to the istration focused on fiscal year 1994 and that were in existence and had an ac- Committee on Armed Services. established a general rule that the na- tive Medicare provider number prior to By Mr. DEWINE (for himself, Mr. tional median per-beneficiary limit fiscal year 1980, but which had less HELMS, and Mr. VOINOVICH): would apply to ‘‘new providers and pro- than a 12-month cost reporting period S. 1072. A bill to make certain technical viders without a 12-month reporting in fiscal year 1994 because the agency and other corrections relating to the Centen- period ending in fiscal year 1994.’’ Con- changed the end date of its cost report- nial of Flight Commemoration Act (36 U.S.C. 143 note; 112 Stat. 3486 et seq.); to the Com- gress did, however, specifically exclude ing period in that year. For these agen- mittee on Governmental Affairs. from the ‘‘new’’ category any home cies, Medicare could, upon the request By Mr. ASHCROFT (for himself, Mr. health agency that had changed its of the agency, use the agency’s partial- INOUYE, Mr. BURNS, Mr. GRASSLEY, name or corporate structure. year cost report from fiscal year 1994 to May 18, 1999 CONGRESSIONAL RECORD — SENATE S5485 determine the agency-specific portion in subclause (I) of that clause ‘the reasonable Army. Whether it was earning our free- of the per beneficiary limit. As a con- costs (including nonroutine medical sup- dom from a colonial power; the map- sequence, the agency could then be plies) for the agency’s cost report for the ping expedition of Lewis & Clark; the treated as an ‘‘old’’ agency for purposes most recent partial cost reporting period westward expansion of the nation; the ending in fiscal year 1994’ for ‘the reasonable of the Interim Payment System. costs (including nonroutine medical sup- Civil War, where the Army fought to Mr. President, this legislation is sim- plies) for the agency’s 12-month cost report- maintain the unity of the young na- ply a technical correction to address a ing period ending during fiscal year 1994’. tion; the World Wars where we battled specific problem that Congress clearly ‘‘(II) In this clause, the term ‘applicable to preserve global peace; the Cold War did not intend to create when it en- agency’ means an agency that— where the Army stood vigilant against acted the Balanced Budget Act of 1997. ‘‘(aa) was in existence prior to fiscal year the expansionist desires of communist The legislation is narrowly drafted 1980; countries; in the Persian Gulf chasing and, in all likelihood, will not affect ‘‘(bb) had an active medicare provider a petty dictator and bully out of Ku- number prior to such date; and wait; spearheading humanitarian relief more than a few home health agencies, ‘‘(cc) had less than a 12-month cost report- but it will make a critical difference in ing period ending in fiscal year 1994 because efforts in any number of countries; or the ability of those agencies to con- such agency changed the end date of its cost enforcing a fragile peace in Bosnia, the tinue to serve their elderly clients. reporting period during fiscal year 1994. soldiers of our Army were there, doing Home health agencies across the ‘‘(III) The limitation determined for an ap- their duty. Certainly this is a story country, however, are experiencing plicable agency pursuant to this clause shall worthy of chronicling through a mu- acute financial problems due to other be excluded from any calculation under this seum, and the time has come to build problems with a critically-flawed pay- subparagraph of— such a facility. ‘‘(aa) a standardized regional average of ment system that effectively penalizes What I propose is not new. Over the costs; or past two decades, many sites have been our most cost-efficient agencies. These ‘‘(bb) a national median of limits.’’. agencies are finding it increasingly dif- (b) EFFECTIVE DATE.—The amendment suggested and most are unsatisfactory ficult to cope with cash-flow problems, made by subsection (a) shall take effect as if because they have unrealistic develop- which inhibit their ability to deliver included in the enactment of the Balanced ment requirements, because their loca- much-needed care. As many as twenty Budget Act of 1997. tions are unsuitable for such an es- organizations in Maine have either teemed building, or they lacked an ap- By Mr. THURMOND: closed or are no longer providing home propriate Army setting. Since 1983, the S. 1064. A bill to provide for the loca- care services because their reimburse- process of choosing a site for the Army tion of the National Museum of the ment levels under Medicare fell so far Museum has been a long and cum- United States Army; to the Committee short of their actual operating costs. bersome undertaking. A site selection on Armed Services. Other agencies are laying off staff or committee was organized and it devel- are declining to accept new patients NATIONAL MUSEUM OF THE UNITED STATES oped a list of seventeen criteria which with more serious health problems. ARMY SITE ACT OF 1999 any candidate site is required to pos- The real losers in this situation are our Mr. THURMOND. Mr. President, it is sess before it was to be selected as seniors, since cuts of this magnitude not an exaggeration to say that Wash- home to the Army Museum. Among cannot be sustained without ulti- ington, DC possesses one of the highest other requirements, these criteria re- mately affecting patient care. concentrations of museums, art gal- quired such things as: an area permit- Moreover, these payment problems leries, research institutions, monu- ting movement of large vehicles for ex- have been exacerbated by a number of ments, and memorials to be found any- hibits and tractor trailer trucks for new regulatory requirements imposed where in the world. This is a city where shipments; commanding an aestheti- by HCFA, including the implementa- we chronicle our history, honor our he- cally pleasing vista; positive impact on tion of OASIS, sequential billing, med- roes, and introduce people from around the environment; closeness to public ical review, and IPS overpayment the world to the ‘‘American experi- transportation; closeness to a Wash- recoupment. I will soon be introducing ence’’. ington Tourmobile route; convenience legislation to provide some relief for Each year millions of people travel to Fort Myer for support by the 3d In- these beleaguered home health agen- to Washington to visit the many at- fantry—The Old Guard; accessibility by cies and also plan to hold a hearing tractions that are located within the private automobile; adequate parking next month in the Permanent Sub- capital city. Some of the most popular for 150 staff and official visitors; ade- committee on Investigations to exam- destinations for visitors are the many quate parking for a portion of the ine the combined effect that these pay- excellent museums and galleries, lo- 1,000,000 visitors-a-year that will not ment reductions coupled with the mul- cated where individuals are able to use public transportation; food service tiple new regulatory requirements have gain a knowledge and perspective for staff and visitors; an area that is had on home health agencies’ ability to about the United States that they may low in crime and is safe for staff and meet their patients’ needs. not have possessed before their trip to visitors; suitable space—at least 300,000 Mr. President, I ask unanimous con- Washington. square feet—for construction; a low sent that the text of this legislation Sadly, one aspect of American his- water table; good drainage; no history providing a special rule for long-exist- tory which is not told very well is that of flooding; and, suitability for sub- ing home health agencies with partial of the United States Army. While terranean construction. fiscal year 1994 cost reports be included many of the museums in the Capital Since 1984, more than 60 sites have area address military history in gen- in the RECORD. been studied, yet only a handful have There being no objection, the bill was eral terms, the region lacks a museum been worthy of any serious consider- dedicated solely to the purpose of tell- ordered to be printed in the RECORD, as ation. follows: ing the story of our Army. This ab- The most prominent recent site sug- sence is a discredit to those interested gestions have included Carlisle, Penn- S. 1063 in American history as the story of our sylvania, the Washington Navy Yard, Be it enacted by the Senate and House of Rep- Army is the story of our Nation, and the ‘‘Marriott property’’ in northern- resentatives of the United States of America in Congress assembled, quite obviously the reverse is true. It is Virginia, and Fort Belvoir, Virginia. also a discredit to the millions who Three of these sites clearly have char- SECTION 1. SPECIAL RULE FOR LONG EXISTING HOME HEALTH AGENCIES WITH PAR- have served as soldiers, theirs is a acteristics which are directly contrary TIAL FISCAL YEAR 1994 COST RE- story well worth telling to others. to the established criteria for site se- PORTS. The United States is a Nation born of lection. The extraordinary distance of (a) IN GENERAL.—Section 1861(v)(1)(L) of battle, as a matter of fact, the Army is Carlisle from Washington speaks for the Social Security Act (42 U.S.C. older than our country. The Army was itself. The ‘‘Marriott property’’ was 1395x(v)(1)(L)) is amended by adding at the end the following: formed in 1775, while the United States carefully studied numerous times, and ‘‘(x)(I) If requested by an applicable agen- was formed in 1776. At every critical though it was the Army’s first choice, cy, the limitation under clause (v) shall be juncture of the history of the United it was always determined that the site determined for such agency by substituting States, we find the brave soldiers of the was too small and that the cost of the S5486 CONGRESSIONAL RECORD — SENATE May 18, 1999 property too high. The suggestion that very attractive location. Fort Belvoir Army Museum. Fort Belvoir is the best the Army locate its museum in Wash- offers a 48-acre site; it is only five min- location in the Washington area to ington’s Navy Yard is also directly utes from Interstate 95, which is trav- host the Army Museum. Army veterans contrary to prerequisites for site selec- eled by more than 300 million vehicles want to remember and show their con- tion. The Washington Navy Yard is sit- each year; it is only three minutes tribution to history in an Army setting uated in a difficult to get to part of the from the Fairfax County Parkway; it is and culture in which they themselves District, on the Anacostia River, as served by Metro Bus; and Richmond once served. Fort Belvoir is the perfect well as on a precarious 50-year flood Highway is next to the main gate of place to do this and it qualifies on plain. Because this area floods so often, Fort Belvoir. every criterion established in 1983 by a ‘‘Washington Navy Yard Army Mu- Beyond its ideal location, Fort the Army’s Site Selection Committee. seum’’—I will repeat this awkward lo- Belvoir is also a winner historically. It Fort Belvoir is Army and should host cation—a ‘‘Washington Navy Yard is on a portion of General George Army history. Therefore, I ask that my Army Museum’’, might well suffer the Washington’s properties when he was colleagues support this bill and bring embarrassment of being closed due to Commander-in-Chief of the Continental the 16-year search for a home for the flooding. Furthermore, the Navy Yard Army. It is located on the historical Army Museum to a close by selecting a is simply too small to allow the con- heritage trail of the Mount Vernon Es- worthy home for one of this nation’s struction of a facility that can chron- tate, Woodlawn Plantation, Pohick greatest institutions. icle the more than 225-year history of Church, and Gunston Hall. Situating Mr. President, Thomas Jefferson the Army. From even before the first the Army Museum at Fort Belvoir is a wrote to John Adams in 1817, ‘‘A mor- blueprint is drawn, architects and his- natural tie to a long established mili- sel of genuine history is a thing so rare torians trying to create a museum that tary and historic installation that has as to be always valuable.’’ I am pleased already been approved by the National will be recognized as a world-class fa- to see that the National U.S. Army Capital Planning Commission to be cility for the study of the American Museum is a task for this Congress at used for community activities, which Army and military history will be lim- the beginning of a new century, at a includes museums, as a part of the ited by the lack of space available at time when all Americans are proud of the Navy Yard. Secondly, the Navy Fort Belvoir Master Plan. The Fort Belvoir site meets all 17 criteria origi- their nation’s accomplishments and Yard is situated in a part of the Dis- those who made it all possible. I am ab- trict of Columbia well off the circuit nally established by the Army. With the Marine Corps planning to build its solutely concerned that all our vet- that visitors travel when they come to erans are honored and honored appro- Washington. The Navy Yard abuts a heritage center at nearby Quantico, these two facilities would most cer- priately. Every year, Army veterans residential district with narrow streets bring their families to Washington and which means it will be confusing for tainly complement each other. Indeed, the planned Marine Corps are disappointed that no museum ex- people to drive there, streets will be museum is an excellent example of a ists as a tribute to their service and congested with traffic, and there will carefully contemplated facility that sacrifice. Time is running out for many be a lack of parking for cars and tour not only will capture the rich history Army veterans, especially those of buses. Additionally, the Navy Yard has of that service, but make the complex World War II. I urge my colleagues to become less military in character and an attractive tourist destination. The review this important piece of legisla- more of a patchwork home to various Marines’ heritage complex will be tion and support its passage. Mr. Presi- government offices. To locate the 460,000 square feet and will include a dent, I ask unanimous consent that the Army Museum in an old Navy yard, museum, a welcome center, an IMAX text of this bill be printed in the which sometimes may be under water, theater, a conference center, and a RECORD. would send a clear signal to visitors hotel. Clearly, the Marine Corps has There being no objection, the bill was that choosing a home to their history come-up with a winning equation for a ordered to be printed in the RECORD, as was nothing more than an after- facility that will tell the story of that follows: thought. Finally, it is simply not ap- service and the Army should be allowed S. 1064 propriate to have a museum chron- to do the same. Placing the Army Mu- Be it enacted by the Senate and House of Rep- icling the history of the Army at a seum at the Navy Yard will not only resentatives of the United States of America in Navy facility. The Army museum be- inhibit efforts to present the history of Congress assembled, longs on an Army installation. the Army, but it will also force the es- SECTION 1. SHORT TITLE. This Act may be cited as the ‘‘National As an interesting footnote, the April tablishment of a museum that is infe- 27, 1999 issue of the Washington Post Museum of the United States Army Site Act rior and not all that it can be. Finally, of 1999’’. carried an article about the search for co-locating the Army and Marine mu- a new location to house the head- SEC. 2. FINDINGS AND PURPOSES. seums in the same geographic area (a) FINDINGS.—Congress makes the fol- quarters for the Bureau of Alcohol, To- would create a military history lowing findings: bacco & Firearms and reported that a ‘‘zone’’, so to speak, and greatly in- (1) The Nation does not have adequate site on New York Avenue seemed to be crease the number of visitors that will knowledge edge of the role of the Army in the first choice. It mentioned that an- take time to stop at both museums to the development and protection of the other site in the District had pre- United States. learn more about our armed services (2) The Army, the oldest United States viously been considered as the new and the valuable contributions they home of the BATF, that of the South- military service, lacks a primary museum have made to the nation. with public exhibition space and is in dire east Federal Center, ‘‘. . . a huge devel- Mr. President, we have been trying to need of a permanent facility to house and opment envisioned for the Anacostia find a suitable site for the Army Mu- display its historical artifacts. River waterfront south of Capitol Hill, seum since 1983. While I find it hard to (3) Such a museum would serve to enhance next to the Washington Navy Yard.’’ believe that it should take 16-years to the preservation, study, and interpretation Not surprisingly, the article also re- identify a suitable site, I am willing to of Army historical artifacts. ported that BATF had resisted that op- concede that we should spare no effort (4) Many Army artifacts of historical sig- tion because it was considered—and I nificance and national interest which are in making certain that we find the per- currently unavailable for public display quote—‘‘. . .too remote’’. If the Navy fect place to locate the Army Museum. would be exhibited in such a museum. Yard is too remote a site for the BATF, I fear that citizens would hesitate vis- (5) While the Smithsonian Institution how is it any more convenient for the iting the Navy Yard if designated as would be able to assist the Army in devel- Army Museum or those hundreds of the home for the Army Museum. Sim- oping programs of presentations relating to thousands of people who will visit it ply put, Fort Belvoir enjoys every ad- the mission, values, and heritage of the every year? vantage over the Navy Yard, the Mar- Army, such a museum would be more appro- In 1991, the Deputy Secretary of De- riott property, Carlisle Barracks, or priate institution for such programs. (b) PURPOSES.—The purposes of this Act fense directed that the site searches in- any other site, as a place to build the are— clude the Mount Vernon Corridor as a Army Museum. (1) to provide for a permanent site for a possible location for the Army Mu- The bill I am introducing today museum to serve as the National Museum of seum. Fort Belvoir quickly became a names Fort Belvoir as the site for the the United States Army; May 18, 1999 CONGRESSIONAL RECORD — SENATE S5487 (2) to ensure the preservation, mainte- eign policy. After seventeen years of ponent to further the scientific under- nance, and interpretation of the artifacts dictatorship, Chile returned to the standing of the earth’s role as it re- and history collected by such museum; family of democratic nations following lates to the environment, specifically (3) to enhance the knowledge of the Amer- ican people to the role of the Army in United the 1988 plebiscite. Today, the Presi- the carbon cycle. What sparked my in- States history; and dent and the legislature are both popu- terest in introducing a carbon cycle re- (4) to provide a facility for the public dis- larly elected and the Chilean armed search bill was a 1998 finding by aca- play of the artifacts and history of the forces effectively carry out their re- demic and federal researchers that the Army. sponsibilities as spelled out in Chile’s North American continent from 1988 to SEC. 3. LOCATION OF NATIONAL MUSEUM OF THE Constitution. American investment 1992 absorbed an equivalent amount of UNITED STATES ARMY. and trade can play a critical role in the carbon dioxide emitted from fossil The Secretary of the Army shall provide for the location of the National Museum of building on Chile’s political and eco- fuel emissions during the same time. the United States Army at Fort Belvoir, Vir- nomic successes. Scientists know it happened, but can- ginia. It is unrealistic to think that the not pinpoint the mechanisms of the President will be able to negotiate a process. Although you cannot watch By Mr. DODD: free trade agreement without fast carbon dioxide move into soil, you can S. 1065. A bill to authorize negotia- track authority. Nor should we ask see soil with high levels of carbon like tion for the accession of Chile to the Chilean authorities to conduct negotia- river bottomland that has rich dark North American Free Trade Agree- tions under such circumstances. There- soil. Naturally, the question arises of ment, to provide for Fast Track Con- fore, the bill I am introducing today how agriculture supplements this nat- sideration and for other purposes; to will provide him with a limited fast ural process. the Committee on Finance. track authority which will apply only By introducing this bill, it is my in- CHILE FAST TRACK ACT OF 1999 to this specific treaty. I believe that tention to follow through on the advice ∑ Mr. DODD. Mr. President, nearly five fast track is key to enabling the Presi- of climate scientists that there is a years ago, a bipartisan majority of this dent to negotiate the most advan- need for more research because the car- body ratified the North American Free tageous trade agreements, and should bon cycle issue is complex. The bill Trade Agreement. Since then the therefore be re-authorized. At this makes sure that USDA is researching promises of new jobs, increased ex- point, however, there are stumbling voluntary agricultural best practices ports, lower tariffs and a cleaner envi- blocks we must surmount before ge- such as conservation tillage, buffer ronment have all come true. In other neric fast track can be re-authorized. strips, the Conservation Reserve Pro- words, Mr. President, NAFTA has suc- Those stumbling blocks should not be gram, and new technology like preci- ceeded despite the predictions of some allowed to stand in the way of free sion sprayers that have multiple envi- that America could not compete in to- trade with Chile. ronmental benefits. day’s global economy. Naysayers claim that free trade These voluntary agricultural best With the success of NAFTA as a prompts American business to move practices increase soil carbon levels backdrop, it is now time to move for- overseas and costs American workers also tend to reduce soil erosion, reduce ward and expand the free trade zone to their jobs. They will tell you that fuel costs for producers, improve soil other countries in our hemisphere. To America, the nation with the largest fertility, and increase production. It’s help accomplish that important goal, I and strongest economy, the best work- a win win win. Nonetheless, there are am introducing legislation today which ers and the greatest track record of in- agencies and individuals with agendas will authorize and enable the President novation cannot compete with other that believe agriculture is a source of to move forward with negotiations on a nations. greenhouse gas emissions and do not free trade agreement with Chile. Mr. President, the past five and a care about the multitude of benefits Chile, Mr. President, is surely worthy half years since we ratified NAFTA accruing from production agriculture. of membership in NAFTA. In fact, have proven them wrong. Today, tariffs Therefore, we must arm agriculture Chile already signed a free trade agree- are down and exports are up. The envi- with sound science on the carbon cycle. ment with Canada in 1996. Today, the ronment in North America is cleaner. This bill is intended to give pro- Chilean economy is growing at a Most importantly, NAFTA has created ducers and policymakers better under- healthy annual rate of more than 7 per- 600,000 new American jobs all across standing of the link between the car- cent. Chile is noted for its concern for the nation. bon cycle and voluntary best practices. preserving the environment and has The successes of NAFTA are an indi- It authorizes USDA to conduct basic put in place environmental protections cation of the potential broader free research on the mechanics of carbon that are laudable. Chile’s fiscal house trade agreements hold for our econ- being stored in soil and applied re- is in order as evidenced by a balanced omy. Furthermore, trade and economic search to fine tune voluntary agricul- budget, strong currency, strong foreign relationships foster American influ- tural practices to increase the storage reserves and continued inflows of for- ence and support our foreign policy. In of carbon in soils. Furthermore, re- eign capital, including significant di- other words, Mr. President, this bill search will be helpful in finding out if rect investment. represents new American jobs in every agriculture can be a tool to solve the Chile has already embraced the state in the nation, a stronger Amer- challenge of climate change. ideals of free trade. Last January, the ican economy and greater American in- I also want to make clear that this is Chilean tariff on goods from countries fluence in our own Hemisphere. Mr. a research bill. It has nothing to do with which Chile does not yet have a President, I urge my colleagues to sup- with trading carbon credits or setting free trade agreement fell from 11 per- port this bill.∑ up a scheme for early action rewards if cent to 10 percent. That tariff is sched- the Protocol becomes effective. The uled to continue to fall gradually to 6 BY Mr. ROBERTS (for himself, whole point of this bill is that there percent in 2003. While some goods are Mr. MURKOWSKI, Mr. GRAMS, needs to be an understanding of the still assessed at a higher rate, the Mr. HAGEL, and Mr. CRAIG): science and examining methods to United States does a brisk export busi- S. 1066. A bill to amend the National meet the challenge of climate change ness to Chile, sending approximately Agricultural Research, Extension, and without an international treaty. This $4.5 billion in American goods to that Teaching Policy Act to 1977 to encour- bill compliments other legislation, South American nation. That rep- age the use of and research into agri- such as Mr. MURKOWSKI’S bill, that resents 25 percent of Chile’s imports. cultural best practices to improve the calls for increased energy efficiency re- That $4.5 billion in exports represents environment, and for other purposes; search. thousands of American jobs across the to the Committee on Agriculture, Nu- The bill taps into USDA’s broad re- nation. Furthermore, the United trition, and Forestry. search capabilities as it relates to pro- States currently runs a trade surplus CARBON CYCLE AND AGRICUTURAL BEST duction techniques and soil databases, of nearly $3 billion per year. PRACTICES RESEARCH ACT but I have also incorporated state-of- Our firm belief in the importance of Mr. ROBERTS. Mr. President I rise the-art research tools including sat- democracy continues to drive our for- today to introduce an important com- ellite-based technology. Satellite based S5488 CONGRESSIONAL RECORD — SENATE May 18, 1999 remote sensing is becoming more use- anic and Atmospheric Administration, North to any agricultural soil carbon research con- ful as an agricultural production com- American soils, crops, rangelands, and for- ducted by the Federal Government. ponent. Right now, satellites measure ests absorbed an equivalent quantity of car- ‘‘(b) RESEARCH SERVICES.— ‘‘(1) AGRICULTURAL RESEARCH SERVICE.— the greening up of wheat during spring bon dioxide emitted from fossil fuel combus- tion as part of the natural carbon cycle from The Secretary, acting through the Agricul- months, making more precise esti- 1988 through 1992; tural Research Service, shall collaborate mates of wheat harvests. In discussions (5) the estimated quantity of carbon stored with other Federal agencies to develop data with remote sensing leaders at the Uni- in world soils is more than twice the carbon and conduct research addressing soil carbon versity of Kansas, remote sensing has a in living vegetation or in the atmosphere; balance and storage, making special efforts role in providing the ‘‘big picture’’ as it (6) agricultural best practices can increase to— relates to what agriculture is doing as the quantity of carbon stored in farm soils, ‘‘(A) determine the effects of management it relates to the carbon cycle, such as crops, and rangeland; and conservation on carbon storage in crop- land and grazing land; mapping vegetation and estimating the (7) although there is a tremendous quan- tity of carbon stored in soil that supports ag- ‘‘(B) evaluate the long-term impact of till- amount of carbon it can store in soil. age and residue management systems on the Because of the National Oceanic and ricultural operations in the United States, the quantity of carbon stored in soil may be accumulation of organic carbon; Atmospheric Administration’s initial increased by using a strategy that would ‘‘(C) study the transfer of organic carbon research that shows the North Amer- benefit the environment without imple- to soil; and ican Continent is a net carbon sink, I menting a United Nations-sponsored climate ‘‘(D) study carbon storage of commodities. have included bill language to use air change protocol or treaty; ‘‘(2) NATURAL RESOURCES CONSERVATION monitors to study the regional inter- (8) Federal research is needed to identify— SERVICE.— (A) the agricultural best practices that ‘‘(A) RESEARCH MISSIONS.—The research action of carbon dioxide. For instance, missions of the Secretary, acting through measure the movement of air from supplement the natural carbon cycle; and (B) Federal conservation programs that the Natural Resources Conservation Service, Denver to Kansas City. If the carbon include— dioxide level is lower in Kansas City can be altered to increase the environmental benefits provided by the natural carbon ‘‘(i) the development of a soil carbon data- than Denver, Kansas agriculture and cycle; base to— ‘‘(I) provide online access to information land is absorbing carbon. With this (9) increasing soil organic carbon is widely about soil carbon potential in a format that data, scientists can start looking at recognized as a means of increasing agricul- facilitates the use of the database in making specific ag practices. tural production and meeting the growing land management decisions; and It is my hope that the Senate can domestic and international food consump- ‘‘(II) allow additional and more refined tion needs with a positive environmental enact this legislation to be proactive in data to be linked to similar databases con- benefit; meeting the climate challenge, encour- taining information on forests and range- (10) agricultural best practices include the aging voluntary agricultural best prac- land; more efficient use of agriculture inputs and tices and technology that have mul- ‘‘(ii) the conversion to an electronic for- equipment; and mat and linkage to the national soil data- tiple benefits. This is a strategy that is (11) tax credits should be offered in order based on commonsense, not sugges- base described in clause (i) of county-level to facilitate the widespread use of more effi- soil surveys and State-level soil maps; tions made by the International Panel cient agriculture inputs and equipment and on Climate Change that would halt ‘‘(iii) updating of State-level soil maps; to increase environmental benefits. ‘‘(iv) the linkage, for information purposes production agriculture as we know it. SEC. 3. AGRICULTURAL BEST PRACTICES. only, of soil information to other soil and Producers can use technology to feed a Title XIV of the National Agricultural Re- land use databases; and troubled and hungry world, plus absorb search, Extension, and Teaching Policy Act ‘‘(v) the completion of evaluations, such as carbon dioxide. of 1977 (7 U.S.C. 3101 et seq.) is amended by field validation and calibration, of modeling, Mr. President, I ask unanimous con- adding at the end the following: remote sensing, and statistical inventory ap- sent that the text of the bill be printed ‘‘Subtitle N—Carbon Cycle and Agricultural proaches to carbon stock assessments re- in the RECORD. Best Practices lated to land management practices and ag- There being no objection, the legisla- ‘‘SEC. 1490. DEFINITIONS. ronomic systems at the field, regional, and tion was ordered to be printed in the ‘‘In this subtitle: national levels. ‘‘(1) AGRICULTURAL BEST PRACTICE.—The ‘‘(B) UNIT OF INFORMATION.—The Secretary, RECORD, as follows: term ‘agricultural best practice’ means a acting through the Natural Resources Con- S. 1066 voluntary practice used by 1 or more agricul- servation Service, shall disseminate a na- Be it enacted by the Senate and House of Rep- tural producers to manage a farm or ranch tional basic unit of information for an as- resentatives of the United States of America in that has a beneficial or minimal impact on sessment of the carbon storage potential of Congress assembled, the environment, including— soils in the United States. SECTION 1. SHORT TITLE. ‘‘(A) crop residue management; ‘‘(3) ECONOMIC RESEARCH SERVICE RE- This Act may be cited as the ‘‘Carbon ‘‘(B) soil erosion management; PORT.—Not later than 1 year after the date of Cycle and Agricultural Best Practices Re- ‘‘(C) nutrient management; enactment of this section, the Secretary, search Act’’. ‘‘(D) remote sensing; acting through the Economic Research Serv- SEC. 2. FINDINGS. ‘‘(E) precision agriculture; ice, shall submit to the Committee on Agri- Congress finds that— ‘‘(F) integrated pest management; culture of the House of Representatives and (1) agricultural producers in the United ‘‘(G) animal waste management; the Committee on Agriculture, Nutrition, States— ‘‘(H) cover crop management; and Forestry of the Senate a report that ana- (A) have, in good faith, participated in ‘‘(I) water quality and utilization manage- lyzes the impact of the financial health of mandatory and voluntary conservation pro- ment; the farm economy of the United States under grams, the successes of which are unseen by ‘‘(J) grazing and range management; the Kyoto Protocol and other international the general public, to preserve natural re- ‘‘(K) wetland management; agreements under the Framework Conven- sources; and ‘‘(L) buffer strip use; and tion on Climate Change— (B) have a personal stake in ensuring that ‘‘(M) tree planting. ‘‘(A) with and without market mechanisms the air, water, and soil of the United States ‘‘(2) CONSERVATION PROGRAM.—The term (including whether the mechanisms are per- are productive since agricultural produc- ‘conservation program’ means a program es- mits for emissions and whether the permits tivity directly affects— tablished under— are issued by allocation, auction, or other- (i) the economic success of agricultural ‘‘(A) subtitle D of title XII of the Food Se- wise); producers; and curity Act of 1985 (16 U.S.C. 3830 et seq.); ‘‘(B) with and without the participation of (ii) the production of food and fiber for de- ‘‘(B) section 401 or 402 of the Agricultural developing countries; veloping and developed nations; Credit Act of 1978 (16 U.S.C. 2201, 2202); ‘‘(C) with and without carbon sinks; and (2) in addition to providing food and fiber, ‘‘(C) section 3 or 8 of the Watershed Protec- ‘‘(D) with respect to the imposition of tra- agriculture serves an environmental role by tion and Flood Prevention Act (16 U.S.C. ditional command and control measures. providing benefits to air, soil, and water 1003, 1006a); or ‘‘(c) CONSORTIA.— through agricultural best practices; ‘‘(D) any other provision of law that au- ‘‘(1) IN GENERAL.—The Secretary may des- (3) those conservation programs and Fed- thorizes the Secretary to make payments or ignate not more than 2 carbon cycle and ag- eral land provide the United States with an provide other assistance to agricultural pro- ricultural best practices research consortia. enormous potential to increase the quantity ducers to promote conservation. ‘‘(2) SELECTION.—The consortia designated of carbon stored in agricultural land and ‘‘SEC. 1491. CARBON CYCLE AND AGRICULTURAL by the Secretary shall be selected in a com- commodities through the carbon cycle; BEST PRACTICES RESEARCH. petitive manner by the Cooperative State (4) according to the Climate Modeling and ‘‘(a) IN GENERAL.—The Department of Agri- Research, Education, and Extension Service. Diagnostics Laboratory of the National Oce- culture shall be the lead agency with respect ‘‘(3) DUTIES.—The consortia shall— May 18, 1999 CONGRESSIONAL RECORD — SENATE S5489

‘‘(A) identify, develop, and evaluate agri- ‘‘(3) RESEARCHED AREAS.—The areas that ‘‘(b) PURPOSE OF SYSTEM.—The monitoring cultural best practices using partnerships shall be the subjects of research conducted system shall focus on locating network mon- composed of Federal, State, or private enti- under this section include— itors on or near agricultural best practices ties and the Department of Agriculture, in- ‘‘(A) the mapping of carbon-sequestering that are— cluding the Agricultural Research Service; land use and land cover; ‘‘(1) undertaken voluntarily; ‘‘(B) develop necessary computer models to ‘‘(B) the monitoring of changes in land ‘‘(2) undertaken through a conservation predict and assess the carbon cycle, as well cover and management program of the Department of Agriculture; as other priorities requested by the Sec- ‘‘(C) new systems for the remote sensing of ‘‘(3) implemented as part of a program or retary and the heads of other Federal agen- soil carbon; and activity of the Department of Agriculture; or cies; ‘‘(D) regional-scale carbon sequestration ‘‘(4) identified by the Administrator of the ‘‘(C) estimate and develop mechanisms to estimation. National Oceanic and Atmospheric Adminis- measure carbon levels made available as a ‘‘(b) REGIONAL EARTH SCIENCE APPLICATION tration. result of voluntary Federal conservation pro- CENTER.— ‘‘(c) MEMORANDUM OF UNDERSTANDING.— grams, private and Federal forests, and other ‘‘(1) IN GENERAL.—The Secretary, in co- The Secretary may enter into a memo- land uses; and operation with the Administrator of the Na- randum of understanding with the Adminis- ‘‘(D) develop outreach programs, in coordi- tional Aeronautics and Space Administra- trator of the National Oceanic and Atmos- nation with extension services, to share in- tion, shall carry out this section through the pheric Administration to ensure that re- formation on carbon cycle and agricultural Regional Earth Science Application Center search goals of programs established by the best practices that is useful to agricultural located at the University of Kansas (referred Federal Government related to carbon moni- producers. to in this section as the ‘Center’), if the Cen- toring are met through the monitoring sys- ‘‘(4) CONSORTIA PARTICIPANTS.—The partici- ter enters into a partnership with a land- tem. pants in the consortia may include— grant college or university. ‘‘(d) AUTHORIZATION OF APPROPRIATIONS.— ‘‘(A) land-grant colleges and universities; ‘‘(2) DUTIES OF CENTER.—The Center shall ‘‘(B) State geological surveys; serve as a research facility and clearing- There is authorized to be appropriated to ‘‘(C) research centers of the National Aero- house for satellite data, software, research, carry out this subtitle $10,000,000.’’. nautics and Space Administration; and related information with respect to re- ‘‘(D) other Federal agencies; mote sensing research conducted under this By Mr. ROCKEFELLER (for him- ‘‘(E) representatives of agricultural busi- section. self, Mr. CHAFEE, Mr. DEWINE, nesses and organizations; and ‘‘(3) USE OF CENTER.—The Secretary, in co- Ms. COLLINS, Ms. LANDRIEU, Mr. ‘‘(F) representatives of the private sector. operation with the Administrator of the Na- LEVIN, Mr. MOYNIHAN, Mr. ‘‘(5) AUTHORIZATION OF APPROPRIATIONS.— tional Aeronautics and Space Administra- KERREY, Mr. DORGAN, Mr. There are authorized to be appropriated to tion, shall use the Center for carrying out re- carry out this subsection $5,000,000 for each mote sensing research relating to agricul- CONRAD, Mr. INOUYE, Mr. of fiscal years 2000 through 2002. tural best practices. BREAUX, Mr. DURBIN, and Mr. ‘‘(d) PROMOTION OF AGRICULTURAL BEST ‘‘(c) AUTHORIZATION OF APPROPRIATIONS.— TORRICELLI): PRACTICES.—The Secretary shall promote There is authorized to be appropriated to S. 1067. A bill to promote the adop- voluntary agricultural best practices that carry out this section $5,000,000 for fiscal tion of children with special needs; to years 2000 through 2002. take into account soil organic matter dy- the Committee on Finance. namics, carbon cycle, ecology, and soil orga- ‘‘SEC. 1493. CONSERVATION PREMIUM PAYMENTS. nisms that will lead to the more effective use ‘‘In addition to payments that are made by THE ADOPTION EQUALITY ACT OF 1999 of soil resources to— the Secretary to producers under conserva- ‘‘(1) enhance the carbon cycle; Mr. ROCKEFELLER. Mr. President, I tion programs, the Secretary may offer con- rise today to introduce the Adoption ‘‘(2) improve soil quality; servation premium payments to producers ‘‘(3) increase the use of renewable re- that are participating in the conservation Equality Act of 1999. I would like to sources; and programs to compensate the producers for thank Senator CHAFEE for his leader- ‘‘(4) overcome unfavorable physical soil allowing researchers to scientifically ana- ship on behalf of vulnerable children, properties. lyze, and collect information with respect to, including our bipartisan work on this ‘‘(e) ANNUAL REPORT.—The Secretary shall agricultural best practices that are carried legislation. He joins me today as an submit to the Committee on Agriculture of out by the producers as part of conservation original co-sponsor of this legislation the House of Representatives and the Com- projects and activities that are funded, in as do Senators DEWINE, COLLINS, mittee on Agriculture, Nutrition, and For- whole or in part, by the Federal Govern- LEVIN, LANDRIEU, MOYNIHAN, BREAUX, estry of the Senate an annual report that de- ment. KERREY, DORGAN, CONRAD, INOUYE, scribes programs that are or will be con- ‘‘SEC. 1494. ASSISTANCE FOR AGRICULTURAL ducted by the Secretary, through land-grant BEST PRACTICES AND NATURAL RE- DURBIN and TORRICELLI. Work on this colleges and universities, to provide to agri- SOURCE MANAGEMENT PLANS legislation is based on the bipartisan cultural producers the results of research UNDER CONSERVATION PROGRAMS. work of the Senate coalition that sup- conducted on agricultural best practices, in- ‘‘(a) IN GENERAL.—In addition to assistance ported the 1997 Adoption and Safe Fam- cluding the results of— that is provided by the Secretary to pro- ilies Act. ‘‘(1) research; ducers under conservation programs, the ‘‘(2) future research plans; Secretary, on request of the producers, shall A unique bipartisan coalition formed ‘‘(3) consultations with appropriate sci- provide education through extension activi- in 1997 worked hard to forge consensus entific organizations; ties and technical and financial assistance to on the Adoption and Safe Families Act ‘‘(4) proposed extension outreach activi- producers that are participating in the con- of 1997 (ASFA). This law, for the first ties; and servation programs to assist the producers in time ever, establishes that a child’s ‘‘(5) findings of scientific peer review under planning, designing, and installing agricul- health and safety must be paramount section 103(d)(1) of the Agricultural Re- tural best practices and natural resource search, Extension, and Education Reform management plans established under the when any decisions are made regarding Act of 1998 (7 U.S.C. 7613(d)(1)). conservation programs. children in the abuse and neglect sys- ‘‘SEC. 1492. CARBON CYCLE REMOTE SENSING ‘‘(b) INFORMATION TO DEVELOPING NA- tem. While this law was the most TECHNOLOGY. TIONS.—The Secretary shall disseminate to sweeping and comprehensive piece of ‘‘(a) CARBON CYCLE REMOTE SENSING TECH- developing nations information on agricul- child welfare legislation passed in over NOLOGY PROGRAM.— tural best practices and natural resource a decade, more work needs to be done ‘‘(1) IN GENERAL.—The Secretary, in co- management plans that— to truly achieve the goals promoted in operation with the Administrator of the Na- ‘‘(1) provide crucial agricultural benefits the Act of safety, stability and perma- for soil and water quality; and tional Aeronautics and Space Administra- nence for all abused and neglected chil- tion, shall develop a carbon cycle remote ‘‘(2) increase production. dren. Senator CHAFEE and I and all of sensing technology program— ‘‘SEC. 1495. CARBON CYCLE RESEARCH MONI- ‘‘(A) to provide, on a near-continual basis, TORING SYSTEM. the other co-sponsors I have named a real-time and comprehensive view of vege- ‘‘(a) ESTABLISHMENT.—The Secretary, in committed ourselves to continuing tation conditions; and conjunction with the Administrator of the that work and that is why we are here ‘‘(B) to assess and model agricultural car- National Oceanic and Atmospheric Adminis- today. bon sequestration. tration and the United States Global Change Throughout the process of developing ‘‘(2) USE OF CENTERS.—The Administrator Research Program, may establish a nation- of the National Aeronautics and Space Ad- wide carbon cycle monitoring system (re- the Adoption Act we heard about the ministration shall use regional earth science ferred to in this section as the ‘monitoring challenging circumstances facing chil- application centers to conduct research system’) to research the flux of carbon be- dren described as having ‘‘special under this section. tween soil, air, and water. needs’’. These include children who are S5490 CONGRESSIONAL RECORD — SENATE May 18, 1999 the most difficult to place into perma- Third, the bill requires that states ‘‘(i)(I) at the time of termination of paren- nent homes, often due to their age, dis- re-invest the monies they save as a re- tal rights was in the care of a public or li- ability or status as part of a group of sult of this bill back into their state censed private child placement agency or In- siblings needing to be placed together. child abuse and neglect programs. dian tribal organization pursuant to a vol- I spent time learning about the special When we talk about how to help untary placement agreement, relinquish- ment, or involuntary removal of the child needs children in my own state of West abused and neglected children in this from the home, and the State has deter- Virginia. Prior to the passage of ASFA, country, many complex questions are mined, pursuant to criteria established by there were 870 children, most with spe- raised about what constitutes best pol- the State (which may, but need not, include cial needs, awaiting adoption in West icy, and how Federal tax dollars should a judicial determination), that continuation Virginia. Today, I am proud to report be spent. Yet, at the heart of it all are in the home would be contrary to the safety that this number has been reduced to the children who desperately want a or welfare of such child; 621. The dedication of our state adop- family to call their own, and the fami- ‘‘(II) meets all medical or disability re- tion staff, when combined with the in- lies who want to adopt them. The lack quirements of title XVI with respect to eligi- centives and focus on permanence pro- of adequate financial resources to sup- bility for supplemental security income ben- vided in ASFA have successfully ef- efits; or port these adoptions is often the only ‘‘(III) was residing in a foster family home fected the placement of nearly a third barrier that stands between an abused or child care institution with the child’s of the waiting children. child and a safe, loving and permanent minor parent (pursuant to a voluntary place- One of the most significant provi- home. With the numbers of abused and ment agreement, relinquishment, or involun- sions of ASFA was the assurance of on- neglected children rising dramati- tary removal of the child from the home, and going health care coverage for all chil- cally—in West Virginia alone child the State has determined, pursuant to cri- dren with special needs who move from abuse reports have doubled—from 13,000 teria established by the State (which may, foster care to adoption. The Adoption in 1986 to over 26,000 in 1996—we need to but need not, include judicial determina- Equality Act is an essential second remove every barrier in our efforts to tion), that continuation in the home would be contrary to the safety or welfare of such step in this ongoing process. This im- make a difference. A West Virginia portant legislation will promote and child); and family recently told me: ‘‘(ii) has been determined by the State, increase adoptions by making all chil- I knew we had enough love to give a child pursuant to subsection (c), to be a child with dren with special needs eligible for with special needs—even siblings. But could special needs, which needs shall be consid- Federal adoption subsidy. The bill is we afford it? More children means more of ered by the State, together with the cir- designed to ‘‘level the playing field’’ by everything. This obstacle was removed cumstances of the adopting parents, in deter- ensuring that all children with special through the adoption subsidy program and mining the amount of any payments to be needs, and the loving families who we now have four children in our lives. Our made to the adopting parents. adopt them, have the support they lives have truly changed. Special needs for ‘‘(B) Notwithstanding any other provision us was a very special way to adopt a waiting of law, and except as provided in paragraph need to grow and develop. child. (7), a child who is not a citizen or resident of Current law provides for the payment Federal adoption subsidies are de- the United States and who meets the re- of federal adoption subsidies to fami- signed to encourage adoption of chil- quirements of subparagraph (A) shall be lies who adopt only those special needs dren with special needs—those children treated as meeting the requirements of this children whose biological family would paragraph for purposes of paragraph who have the hardest time finding per- have been qualified for welfare benefits (1)(B)(ii). manent, adoptive families. It is an ab- under the old 1996 AFDC standards. ‘‘(C) A child who meets the requirements of surd policy to discriminate against Federal adoption subsidy payments subparagraph (A), who was determined eligi- thousands of children with special ble for adoption assistance payments under provide essential income support to needs based upon the income of their this part with respect to a prior adoption (or help families finance the daily costs of biological (and often abusive) parents. who would have been determined eligible for raising these special children (food, It is time to create a Federal policy such payments had the Adoption and Safe clothing) and also special services that levels the playing field and gives Families Act of 1997 been in effect at the (equipment, therapy, tutoring, etc.). time that such determination would have all children with special needs an equal Federal adoption subsidies are a vital been made), and who is available for adop- and fair chance at being adopted. link in securing adoptive homes for tion because the prior adoption has been dis- I am confident that the Adoption special needs children who by defini- solved and the parental rights of the adop- Equality Act will do just that, and at tion would not be adopted without sup- tive parents have been terminated or because the same time, with the re-investment port. the child’s adoptive parents have died, shall requirement, states should have the in- be treated as meeting the requirements of Under current law, a child’s eligi- centive to make additional improve- this paragraph for purposes of paragraph bility for these important benefits is ments in their child welfare systems. (1)(B)(ii).’’. dependent on the income of his or her These will be valuable steps in our ef- (b) EXCEPTION.—Section 473(a) of the Social biological parents even though these Security Act (42 U.S.C. 673(a)) is amended by forts to be more able to effectively ad- parents’ legal rights to the child have adding at the end the following: dress the needs of our Nation’s most been terminated, and these are the par- ‘‘(7)(A) Notwithstanding any other provi- vulnerable children. I urge my col- ents who either abused or neglected the sion of this subsection, no payment may be leagues join us in co-sponsoring and made to parents with respect to any child child. This is, simply, wrong. The passing this bill. that— Adoption Equality Act will eliminate I ask unanimous consent that the ‘‘(i) would be considered a child with spe- this anomaly in Federal law by making text of the bill and a brief fact sheet be cial needs under subsection (c); all special needs children eligible for printed in the RECORD. ‘‘(ii) is not a citizen or resident of the Federal adoption subsidies. There being no objection, the mate- United States; and First, the bill removes the require- ‘‘(iii) was adopted outside of the United rial was ordered to be printed in the ment that an income eligibility deter- States or was brought into the United States RECORD, as follows: mination be made in regard to the for the purpose of being adopted. S. 1067 child’s biological parents, whom the ‘‘(B) Subparagraph (A) shall not be con- child is leaving, thereby allowing Fed- Be it enacted by the Senate and House of strued as prohibiting payments under this Representatives of the United States of America part for a child described in subparagraph eral adoption subsidy to be paid to all in Congress assembled, (A) that is placed in foster care subsequent families who adopt children who meet SECTION 1. SHORT TITLE. to the failure, as determined by the State, of the definition of special needs. This Act may be cited as the ‘‘Adoption the initial adoption of such child by the par- Second, the bill gives States flexi- Equality Act of 1999’’. ents described in such subparagraph.’’. bility in determining their own cri- SEC. 2. PROMOTION OF ADOPTION OF CHILDREN (c) REQUIREMENT FOR USE OF STATE SAV- teria, which may, but need not, include WITH SPECIAL NEEDS. INGS.—Section 473(a) of the Social Security judicial determination, to the effect (a) IN GENERAL.—Section 473(a) of the So- Act (42 U.S.C. 673(a)), as amended by sub- that continuation in the home would cial Security Act (42 U.S.C. 673(a)) is amend- section (b), is amended by adding at the end the following: be contrary to the safety or welfare of ed by striking paragraph (2) and inserting the following: ‘‘(8) A State shall spend an amount equal the child, as well as their own defini- ‘‘(2)(A) For purposes of paragraph (1)(B)(ii), to the amount of savings (if any) in State ex- tion of which of the children in their a child meets the requirements of this para- penditures under this part resulting from the state are children with special needs. graph if such child— application of paragraph (2) on and after the May 18, 1999 CONGRESSIONAL RECORD — SENATE S5491 effective date of the amendment to such condition (such as ethnic background, age, Federal adoption subsidies, regardless of in- paragraph made by section 2(a) of the Adop- or membership in a minority or sibling come of the biological (and often abusive) tion Equality Act of 1999 to provide to chil- group, or the presence of factors such as parents whom they are leaving. dren or families any service (including post- medical conditions or physical, mental, or At the same time, with the re-investment adoption services) that may be provided emotional handicaps) because of which it is requirement, states should have the incen- under this part or part B.’’. reasonable to conclude that such child can- tive to make additional improvements in (d) DETERMINATION OF A CHILD WITH SPE- not be placed with adoptive parents without their child welfare systems. CIAL NEEDS.—Section 473(c) of the Social Se- providing adoption assistance under this sec- curity Act (42 U.S.C. 673(c)) is amended to tion and medical assistance under title XIX, By Mr. KERRY (for himself, Mr. read as follows: and that except where it would be against BOND, Mr. HOLLINGS, Mr. ‘‘(c) For purposes of this section, a child the best interests of the child because of WELLSTONE, Mr. TORRICELLI, shall not be considered a child with special such factors as the existence of significant Mr. MOYNIHAN, Mr. JOHNSON, needs unless— emotional ties with prospective adoptive Ms. LANDRIEU, and Mr. LEVIN): ‘‘(1)(A) the State has determined, pursuant parents while in the care of such parents as S. 1068. A bill to provide for health, to a criteria established by the State (which a foster child, a reasonable, but unsuccessful, education, and welfare of children may or may not include a judicial deter- effort has been made to place the child with mination), that the child cannot or should appropriate adoptive parents without pro- under 6 years of age; to the Committee not be returned to the home of his parents; viding adoption assistance under this section on Health, Education, Labor, and Pen- or or medical assistance under title XIX. sions. ‘‘(B) the child meets all medical or dis- Under current law, the amount of pay- EARLY CHILDHOOD DEVELOPMENT ACT OF 1999 ability requirements of title XVI with re- ments to be made are determined through an ∑ Mr. KERRY. Mr President, in the spect to eligibility for supplemental security agreement between the adoptive parents and aftermath of the tragic school shoot- income benefits; and the State or local agency. This agreement ings in Littleton, and in this debate ‘‘(2) the State has determined— takes into account both the special needs of ‘‘(A) that there exists with respect to the the child and the circumstances of the adopt- here in the Senate about juvenile jus- child a specific factor or condition (such as ing parents. It may be periodically adjusted, tice, we’ve heard a great deal about ef- ethnic background, age, or membership in a and can continue to be paid until the child forts to keep guns out of the hands of minority or sibling group, or the presence of reaches the age of 18 (or 21 if the child has a violent students, we’ve heard about ef- factors such as medical conditions or phys- physical or mental handicap which warrants forts to try juvenile offenders as ical, mental, or emotional handicaps) be- that the payments continue). The amount of adults, about stiffer sentences, about cause of which it is reasonable to conclude payment may never exceed the amount that so many answers to the problem of kids that the child cannot be placed with adop- would be paid as a foster care maintenance who have run out of second and third tive parents without providing adoption as- payment if the same child had remained in sistance under this section and medical as- foster care. chances—kids who are violent, kids who are committing crimes, children sistance under title XIX; and EXPLANATION OF PROVISION who are a danger to themselves and a ‘‘(B) that except where it would be against This bill makes all special needs children the best interests of the child because of eligible for Federal adoption subsidies by danger to those around him. Mr. Presi- such factors as the existence of significant ‘‘delinking’’ a child’s eligibility from the ar- dent, I was a prosecutor in Massachu- emotional ties with prospective adoptive chaic AFDC guidelines, or other income-eli- setts before I entered elected office. parents while in the care of such parents as gibility determinations that would be based I’ve seen these violent teenagers and a foster child, a reasonable, but unsuccessful, upon the income of the biological parents, young people come to court, and Mr. effort has been made to place the child with whom the child is leaving. appropriate adoptive parents without pro- President let me tell you there is noth- First, the bill removes the requirement ing more tragic than seeing these chil- viding adoption assistance under this section that an income eligibility determination be or medical assistance under title XIX.’’. made in regard to the child’s biological par- dren who—in too many cases—have a (d) EFFECTIVE DATE.—The amendments ents, thereby allowing Federal adoption sub- jail cell in their future not far down made by this section shall take effect on Oc- sidy to be paid to all families who adopt chil- the road, children who have done what tober 1, 1999. dren who meet the definition of special is, at times, irreparable harm to their needs. communities. THE SOCIAL SECURITY ACT, TITLE IV, PART The bill does NOT change the definition of And Mr. President, I keep asking my- E—FEDERAL PAYMENTS FOR FOSTER CARE special needs as described above. Nor does self, why is it we only start to care AND ADOPTION ASSISTANCE, FACT SHEET this bill change the method by which the about these kids at that point—after AND EXPLANATION, ADOPTION ASSISTANCE payment amount is determined. PROGRAM, SECTION 473 Second, the bill gives States flexibility in the violence, after the arrest, after the PRESENT LAW determining their own criteria, which may, damage has been done, when it may be Current law provides for the payment of but need not, include judicial determination, too late—when we could have started federal adoption subsidies to families who to the effect that continuation in the home intervening in our kids’ lives early on, adopt ‘‘special needs’’ children whose bio- would be contrary to the safety or welfare of before it was too late. Mr. President, logical family would have been qualified for the child. we can’t say that we’re having a real welfare benefits under the old 1996 AFDC Third, the bill allows for Federal adoption debate about juvenile justice if we’re standards. Federal adoption subsidy pay- subsidy to be paid to families who adopt spe- cial needs children who meet the medical/ not talking about early childhood de- ments provide essential income support to velopment efforts. help families finance the daily costs of rais- disability requirements, without requiring that they, or their biological parents, meet The truth is that early intervention ing these special children (food, clothing) can have a powerful effect on reducing and also special services (equipment, ther- the income standards, of title XVI with re- apy, tutoring, etc.). Federal adoption sub- spect to supplemental security income bene- government welfare, health, criminal sidies are a vital link in securing adoptive fits. justice, and education expenditures in homes for special needs children who by defi- Fourth, the bill requires that states re-in- the long run. By taking steps now we nition would not be adopted without support. vest the monies they save as a result of this can reduce later destructive behavior Under current law, a child’s eligibility for bill back into their state child abuse and ne- such as dropping out of school, drug glect programs. these important benefits is dependent on the use, and criminal acts like the ones we income of his or her biological parents even REASON FOR CHANGE have seen in Littleton and Jonesboro. though these parents’ legal rights to the Federal adoption subsidies are designed to A study of the High/Scope Founda- child have been terminated, and these are encourage adoption of children with special the parents who either abused or neglected needs—those children who have the hardest tion’s Perry Preschool found that at- the child. time finding permanent, adoptive families. It risk toddlers who received pre-school- Current law also allows for the payment of is an absurd policy to discriminate against ing and a weekly home visit reduced federal adoption subsidies to families who thousands of children with special needs the risk that these children would grow adopt a ‘‘special needs’’ child who meets all based upon the income of their biological up to become chronic law breakers by a the requirements of title XVI with respect to (and often abusive) parents. It is time to cre- startling 80 percent. The Syracuse Uni- eligibility for supplemental security income ate a Federal policy that levels the playing versity Family Development Study benefits (SSI), again, linking a child’s eligi- field and gives all children with special needs showed that providing quality early- bility for subsidy to the income and assets of an equal and fair chance at being adopted. the biological parents as well as to the The proposed changes will do just that. childhood programs to families until child’s disability. They are designed to remove a significant children reached age five reduces the Current law defines a child with special barrier to the adoption of these children by children’s risk of delinquency ten years needs, as a child who has a specific factor or making all special needs children eligible for later by 90 percent. It’s no wonder that S5492 CONGRESSIONAL RECORD — SENATE May 18, 1999 a recent survey of police chiefs found doesn’t lead to at-risk and disruptive evident in the co-sponsorship of the that nine out of ten said that ‘‘America behavior and violence down the road. Kerry-Bond bill by Senator HOLLINGS, could sharply reduce crime if govern- We should stop and consider what’s Senator JOHNSON, Senator LANDRIEU, ment invested more’’ in these early really at stake here. Poverty seriously Senator LEVIN, Senator MOYNIHAN, intervention programs. impairs young children’s language de- Senator WELLSTONE, and my colleague Let me tell you about the Early velopment, math skills, IQ scores, and from New Jersey, Senator BOB Childhood Initiative (ECI) in Allegheny their later school completion. Poor TORRICELLI. We are looking forward to County, Pennsylvania—an innovative young children also are at heightened working with all of you, from both program which helps low-income chil- risk of infant mortality, anemia, and sides of the aisle, to make that debate dren from birth to age five become suc- stunted growth. Of the 12 million chil- on the Kerry-Bond bill a productive cessful, productive adults by enrolling dren under the age of three in the one, a debate that leads to the kind of them in high quality, neighborhood- United States today, three million—25 actions we know can make the dif- based early care and education pro- percent—live in poverty. Three out of ference in addressing violence ten grams ranging from Head Start, cen- five mothers with children under three years before it starts, in getting all our ter-based child care, home-based child work, but one study found that 40 per- children off to the right start towards care, and school readiness programs. cent of the facilities at child care cen- full and productive lives.∑ ECI draws on everything that’s right ters serving infants provided care of ∑ Mr. BOND. Mr. President, I rise about Allegheny County—the strengths such poor quality as to actually jeop- today to introduce the ‘‘Early Child- of its communities—neighborhood deci- ardize children’s health, safety, or de- hood Development Act of 1999’’ with sion-making, parent involvement, and velopment. In more than half of the my friend and colleague from Massa- quality measurement. Parents and states, one out of every four children chusetts, Senator KERRY. community groups decide if they want between 19 months and three years of Through this legislation, we are to participate and they come together age is not fully immunized against seeking to support families with the and develop a proposal tailored for the common childhood diseases. Children youngest children to find the early community. Regular review programs who are not immunized are more likely childhood education and quality child ensure quality programming and cost- to contract preventable diseases, which care programs that can help those fam- effectiveness. We’re talking about local can cause long-term harm. Children ilies and parents provide the sup- control getting results locally: 19,000 younger than three make up 27 percent portive, stimulating environment we pre-school aged children from low-in- of the one million children who are de- all know their children need. come families, 10,000 of which were not termined to be abused or neglected Recent research shows that the first enrolled in any child care or education each year. Of the 1,200 children who few years of life are an absolutely cru- program. By the year 2000, through died from abuse and neglect in 1995, 85 cial developmental period for each funding supplied by ECI, approximately percent were younger than five and 45 child with a significant bearing on fu- 75% of these under-served pre-schoolers percent were younger than one. ture prospects. During this time, infant will be reached. Early evaluations show Literally the future of millions of brain development occurs more rapidly that enrolled children are achieving at young people is at stake here. Lit- than previously thought, and the sen- rates equivalent to their middle in- erally, that’s what we’re talking about. sations and experiences of this time go come peers. And as we know, without But is it reflected in the investments a long way toward shaping that baby’s this leveling of the playing field, low- we make here in the Senate? I would, mind in a way that has long-lasting ef- income children are at a greater risk of respectfully, say no—not nearly fects on all aspects of the child’s life. encountering the juvenile justice sys- enough Mr. President. And parents and family are really the tem. That’s a real difference. Unfortunately, Mr. President, our key to this development. Early, posi- These kinds of programs are success- government expenditure patterns are tive interaction with parents, grand- ful because children’s experiences dur- inverse to the most important early de- parents, aunts, uncles, and other adults ing their early years of life lay the velopment period for human beings. Al- plays a critical role. foundation for their future develop- though we know that early investment Here’s what’s going on during these ment. But in too many places in this can dramatically reduce later remedial amazing early years that in so many country our failure to provide young and social costs, currently our nation ways are crucial to each child. At children what they need during these spends no more than $35 billion over birth, a baby’s brain contains 100 bil- crucial early years has long-term con- five years on federal programs for at- lion neurons, roughly as many nerve sequences and costs for America. risk or delinquent youth and child wel- cells as there are stars in the Milky Recent Scientific evidence conclu- fare programs. Way. But the wiring pattern between sively demonstrates that enhancing That is a course we need to change, these neurons develops over time. Most children’s physical, social, emotional, Mr. President. We need to start talking things happening in the surrounding and intellectual development will re- in a serious and a thoughtful way— world—such as a mother’s caress, a fa- sult in tremendous benefits for chil- through a bipartisan approach—about ther’s voice, even playing with a broth- dren, families, and our nation. The making a difference in the lives of our er or sister—helps this wiring pattern electrical activity of brain cells actu- children before they’re put at risk. We expand and connect. A baby with a ally changes the physical structure of need to accept the truth that we can do stimulating environment will make the brain itself. Without a stimulating a lot more to help our kids grow up these connections at a tremendous environment, the baby’s brain suffers. healthy with promising futures in an rate. However, infants and children At birth, a baby’s brain contains 100 early childhood development center, in who play very little or are rarely billion neurons, roughly as many nerve a classroom, and in a doctor’s office touched or stimulated develop brains cells as there are stars in the Milky than we can in a courtroom or in a jail that can be 20 to 30 percent smaller Way. But the wiring pattern between cell. than normal for their age. these neurons develops over time. Chil- Mr. President, these questions need Really we shouldn’t be surprised that dren who play very little or are rarely to be a part of this juvenile justice de- parents have known instinctively for touched develop brains 20 to 30 percent bate, but they’re not being included to generations some of these basic truths smaller than normal for their age. the extent to which they should. My that science is just now figuring out. Mr. President, reversing these prob- colleague KIT BOND and I are intro- Most parents just know that babies lems later in life is far more difficult ducing our Early Childhood Develop- need to be hugged, caressed, and spo- and costly. We know that—if it wasn’t ment Act to move us forward in a bi- ken to. so much harder, we wouldn’t be having partisan way towards that discussion— Of course, the types of interaction this difficult debate in the Senate. Well and towards actions we can take to that can most enhance a child’s devel- I think it’s time we talked about giv- provide meaningful intervention in the opment change as the baby’s body and ing our kids the right start in their lives of all of our children. KIT BOND mind grow. The types of behavior that lives they need to be healthy, to be and I are appreciative of the deep sup- are so instinctual for the youngest ba- successful, to mature in a way that port we’ve found for this legislation, bies may not be quite so obvious for May 18, 1999 CONGRESSIONAL RECORD — SENATE S5493 two- and three-year-olds. Raising a programs, of which there are numerous the community respond to this vio- child is perhaps the most important other examples, such as programs spon- lence. VAWA provides the resources to thing any of us will do, but it is also sored by the United Way, Boys and enable local law enforcement and the one of the most complicated. Girls Clubs, as well as state initiatives courts prosecute those who batter And parents today also face a variety such as ‘‘Success by Six’’ in Massachu- women. And many other programs are of stresses and problems that were un- setts and Vermont and the ‘‘Early now in place to help women leave their heard of a generation ago. In many Childhood Initiative’’ in Pennsylvania. abusers. families, both parents work. Whether The bill will provide federal funds to But, when a woman does take the ini- by choice or by necessity, many par- states to begin or expand local initia- tial step to leave her abuser and seek ents may not be able to read moun- tives to provide early childhood edu- help, she is beginning a journey that is tains of books and articles about par- cation, parent education, and family filled with obstacles, largest of which enting and child development to keep support. The bill will also expand qual- are economic. All to often battered perfectly up-to-date on what types of ity child care programs for families, es- women stay with their abuser because experiences are most appropriate for pecially infant care. Best of all, we pro- of the economic support he provides for their child at his or her particular pose to do this with no federal man- her and her children. Now that we have stage of development. They also must dates, and few federal guidelines. begun to build an infrastructure that try to find good child care and good en- Many of our society’s problems, such provides for the initial immediate vironments where their children can be as the high school dropout rate, drug needs of shelter and legal services, we stimulated and educated while they and tobacco use, and juvenile crime need to look at the bigger picture. We work. Simply put, most parents can can be traced in part to inadequate must provide economic supports that probably use a little help. child care and early childhood develop- allow battered women to provide for Many communities across the coun- ment opportunities. Increasingly, re- themselves and their children, and try have developed successful early search is showing us that a child’s so- keep them safe after they leave tem- childhood development programs to cial and intellectual development as porary shelters. That is the reason meet these needs. Most of the programs well as there likelihood to become in- Senator MURRAY and I are introducing work with parents to help them under- volved in these types of difficulties is the Battered Women’s Economic Secu- stand their child’s development and to deeply rooted in the early interaction rity Act. discuss ways to help further develop and nurturing a child receives in his or The Battered Women’s Economic Se- the little baby’s potential. Others sim- her early years. curity Act addresses the economic ob- ply provide basic child care and an ex- Ultimately, it is important to re- stacles women who are victims of do- citing learning environment for chil- member that the likelihood of a child mestic violence face when trying to dren of parents who both have to work. growing up in a healthy, nurturing en- leave their abuser. For example, find- In a report released in 1998, the pres- vironment is the primary responsi- ing affordable and safe housing is crit- bility of his or her parents and family. tigious RAND Corporation reviewed ical for all battered women and their Government cannot and should not be- early childhood programs like these children, but particularly for low-in- come a substitute for parents and fami- and found that they provide higher- come women. A 1998 report funded by lies, but we can help them become risk children with both short- and the Ford Foundation found that of all stronger by equipping them with the long-run benefits. These benefits in- homeless women and children, 50 per- resources to meet the everyday chal- clude enhanced development of both cent of them are fleeing domestic vio- lenges of parenting.∑ the mind and the child’s ability to lence. Let me say that again, half of all interact with others, they include im- By Mr. WELLSTONE (for him- homeless women and children leave provement in educational outcomes, self, Mrs. MURRAY, and Mr. their home because the violence there and they include a long-term increase SCHUMER): threatens their lives. in self-sufficiency through finding jobs S. 1069. A bill to provide economic se- Not only are over half of homeless and staying off government programs. curity and safety for battered women, women fleeing violence, but too many Of course, it’s no mystery to many and for other purposes; to the Com- of them do not find shelter that they people from Missouri that this type of mittee on Finance. need. A report from the U.S. Con- program can be successful. In Missouri, BATTERED WOMEN’S ECONOMIC SECURITY AND ference of Mayors found that homeless we are both proud and lucky to be the SAFETY ACT shelters are finding an increasing need home of Parents as Teachers. This tre- Mr. WELLSTONE. Mr. President, for women and children. Of that grow- mendous initiative is an early child- today, I am joined by Senator MURRAY ing need, 1 out of every 3 families that hood parent education program that and Senator SCHUMER in introducing shows up at a homeless shelter is has been designed to empower all par- the Battered Women’s Economic Secu- turned away, and ends up on the street ents to giver their young child the best rity Act. Battered women face tremen- for the night. possible start in life. Expanding Par- dous economic barriers when they It is simply unacceptable for us to ents as Teachers to a statewide pro- leave their abusive relationships and allow women and children, who are gram was perhaps my proudest accom- set out to make a new life for them- fleeing violence, to be turned out into plishment when I was Missouri’s Gov- selves and their children. Our bill ad- the streets. When are we as a society ernor. dresses the numerous and critical going to stand up and say no more? With additional resources, these pro- issues that victims of domestic vio- Without safe shelter, women and their grams could be expanded and enhanced lence face as they try to escape the vio- children will continue to stay in vio- to improve the opportunities for many lence in their lives. lent relationships because at least they more infants and young children. And I know that Senator MURRAY joins have a roof over their heads. Such a we have found that all children can me in applauding Senator BIDEN’s ef- situation is shameful in such a pros- benefit from these programs. Economi- forts in crafting legislation to reau- perous country as our own, and in such cally successful, two-income families thorize the programs in the Violence a booming economy as this one. can benefit from early childhood pro- Against Women Act. As I and many of Our bill makes sure that money goes grams just as much as a single-parent my colleagues have heard from folks directly to shelters for victims of do- family with a mother seeking work op- back home, these programs have pro- mestic violence so that the people who portunities. vided invaluable and life saving re- are directly involved with helping bat- The legislation that Senator KERRY sources to battered women and their tered women can help them find new and I are introducing will support fam- families. I am proud to be an original housing. We also made sure that our ilies by building on local initiatives co-sponsor of the bipartisan bill that bill provided resources to find that new like Parents as Teachers that have al- Senator BIDEN has developed to build housing by boosting the McKinney ready been proven successful in work- on the success of VAWA I and expand Homeless Act to provide funding for ing with families as they raise their in- those programs. battered women and their children. fants and toddlers. The bill will help As a result of VAWA I, we now have Anyone who has known someone flee- improve and expand these successful an infrastructure in place that helps ing a violent relationship or has talked S5494 CONGRESSIONAL RECORD — SENATE May 18, 1999 to advocates knows that safe shelter an’s life. Too many times women who tion and assistance to businesses, employers and housing are the first and imme- have applied for health insurance are and labor organizations in their efforts to de- diate needs. But women cannot stay in denied or charge exorbitant rates when velop and implement responses to assist vic- shelters or transitional housing indefi- insurance companies find out that they tims of domestic violence and sexual assault. Subtitle B. Victims’ Employment Rights.— nitely. Women also need to find work are victims of domestic violence. This Prohibits employers from taking adverse job to keep them on that path to independ- is outrageous! Insurance discrimina- actions against an employee because they ence and safety. Our bill protects tion penalizes victims of domestic vio- are the victims of domestic violence, sexual women in the workplace so that they lence for the actions of their abusers. assault or stalking. can keep their job and continue to deal Our bill makes sure that this form of Subtitle C. Workplace Violence Against with the multitude of issues that arise discrimination will not be allowed. Women Prevention Tax Credit.—Provides tax when a woman flees a violent relation- VAWA I took the first step in dedi- credit to businesses implementing workplace ship. cating federal resources to addressing safety programs to combat violence against women. All too often, domestic violence fol- the domestic violence crisis, but its Subtitle D. Employment Protection for lows women to work. According to re- focus is law enforcement and emer- Battered Women.—Ensures eligibility for un- cent studies, between 24 and 30 percent gency response. We need to go to the employment compensation to women sepa- of women surveyed had lost their job, next level to truly end violence against rated from their jobs due to circumstances due at least in part, to domestic vio- women. We need to address their eco- directly resulting from domestic violence; lence. Many victims lose their jobs be- nomic needs and problems. I believe requires employers who already provide cause of their batterer’s disruptive be- our legislation meets this test and will leave to employees to allow employees to use havior. Many miss work because they eliminate many of the economic bar- that leave for the purpose of dealing with do- mestic violence and its aftermath; allows are beaten. Others miss work because riers that trap women and children in women to use their family and medical leave their abusers force them to stay home. violent homes and relationships. or existing leave under state law or a private Many companies are poorly educated I ask unanimous consent that a sum- benefits program to deal with domestic about the impact of domestic violence mary of the bill be printed in the abuse, including going to the doctor for do- on women at work. Employers may fail RECORD. mestic violence injuries, seeking legal rem- to grant sufficient time off to attend There being no objection, the mate- edies, attending court hearings, seeking or- civil or criminal legal proceedings or rial was ordered to be printed in the ders of protection and meeting with a law- yer; provides for training of personnel in- for safety planning. Some battered RECORD, as follows: women find themselves penalized by volved in assessing unemployment claims BATTERED WOMEN’S ECONOMIC SECURITY AND based on domestic violence. their abuser’s actions when employers SAFETY ACT OF 1999—LEGISLATIVE SUMMARY TITLE III.—PROTECTIONS FOR VICTIMS OF DO- dismiss or otherwise sanction employ- TITLE I.—DOMESTIC VIOLENCE PREVENTION MESTIC VIOLENCE UNDER PROGRAMS AUTHOR- ees once they learn they are in an abu- Subtitle A. Domestic Violence and Sexual IZED UNDER THE SOCIAL SECURITY ACT sive relationship One study found that Assault Victims’ Housing.—Makes funding Section 301. Waivers for Victims of Domes- 96% of the women who were working available for supportive housing services tic Violence under the TANF Program.— while involved in an abusive relation- through the McKinney Homeless Assistance Finds that Congressional intent of the Per- ship had problems at work. Problems Act, including rental assistance to victims sonal Responsibility and Work Opportunity run the gamut from being late to miss- trying to establish permanent housing safe Reconciliation Act of 1996 was to allow from the batterer. states to take the effects of domestic vio- ing work to having difficulty per- Subtitle B. Full Faith and Credit for Pro- lence into consideration by allowing good forming their job. More than 50 percent tection Orders.—Clarifies VAWA’s full faith cause, temporary waivers of the require- of these women reported being rep- and credit provisions to ensure meaningful ments of the program for victims of domes- rimanded at work for such problems enforcement by states and tribes; provides tic violence; places no numerical limits upon 1 grants to states and Tribes to improve en- and more than a ⁄3 of them said they States in the granting of good cause waivers; forcement and record keeping. had lost their jobs as a result. provides that individuals granted good cause Subtitle C. Victims of Abuse Insurance Our bill allows women to use the waivers shall not be included in the partici- Protection.—Prohibits discrimination in Family and Medical Leave Act to take pation rate for purposes of applying limita- issuing and administering insurance policies time off to deal with the problems aris- tions or imposing penalties on the States; al- to victims of domestic violence with uniform lows for Secretarial review and possible rev- ing from leaving a violent relationship. protection from insurance discrimination. ocation of good cause waivers granted in Women need to deal with the court and Subtitle D. Access to Safety and Advo- States where penalties have been imposed. legal system when they file for protec- cacy.—Issues grants to provide legal assist- Section 302. Disclosure Protections under tive orders. Many times women need ance, lay advocacy and referral services to the Child Support Program.—Protects vic- victims of domestic violence who have inad- counseling for themselves and their tims fleeing from domestic violence from equate access to sufficient financial re- children to support them as they estab- disclosure of their whereabouts through the sources for appropriate legal assistance; in- lish a life separate from their federal child support locator service. cludes set-aside for tribes. Section 303. Bonus to Encourage Women batterers. Allowing women to use the Subtitle E. Battered Women’s Shelters and and Children’s Well-Being.—Amends the So- FMLA to take this necessary time off Services.—Amends the Family Violence Pre- cial Security Act to provide bonuses to will help women become more produc- vention and Services Act to authorize $1 bil- States that demonstrate high performance in tive workers and give then the finan- lion to battered women’s shelters over the operating their State welfare programs by cial independence they need to begin a next five years; includes additional oversight providing recipients and low-income families and review; caps spending for training and new, violence free life. with adequate access to affordable and qual- technical assistance by State coalitions with Not only do we need to provide ity child care; by effectively placing recipi- the remaining money to go to domestic vio- women with the flexibility that they ents in sustainable wage, non-traditional lence programs; adds new proposals for train- need, but need to ensure that their employment; and by adequately addressing ing and technical assistance; allots money domestic violence in the lives of recipients of rights are protected should they un- for tribal domestic violence coalitions.). fairly lose their job. This bill prohibits Subtitle F. Battered Immigrant Women’s assistance; requires HHS and others to de- discrimination against an employee Economic Security and Safety—Addresses velop a formula for measuring State per- based on her status or experience as a gaps, errors and oversights in current legis- formance. victim of domestic violence. It recog- lation that impede battered immigrant wom- TITLE IV—MISCELLANEOUS PROVISIONS nizes that we need not only policies en’s ability to flee violent relationships and Contains technical amendments to assure that prohibit discrimination, but teeth survive economically; ensures that battered access to services by tribal women. to give those policies some bite. Our immigrants with pending immigration appli- Mrs. MURRAY. Mr. President, I am cations are able to access public benefits, bill would give women the legal means Food Stamps, SSI, housing, work permits, pleased to be joined today by Senator to challenge any discrimination they and immigration relief. WELLSTONE to introduce the Battered Women’s Economic Security Act. This may have faced as a result of being a TITLE II. VIOLENCE AGAINST WOMEN AND THE victim of domestic violence. WORKPLACE has been a seven year effort and one As many of you know, we are still Subtitle A. National Clearinghouse on Do- that I will continue to pursue. I want struggling to get all sectors of society mestic Violence and Sexual Assault and the to thank Senator WELLSTONE for his ef- to understand that domestic violence Workplace Grant.—Establishes clearing- forts on this important legislation. I affects all aspects of a battered wom- house and resource center to give informa- also need to recognize the leadership of May 18, 1999 CONGRESSIONAL RECORD — SENATE S5495

Senator BIDEN regarding the Violence olence. it has been estimated that work S. 1070. A bill to require the Sec- Against Women Act. Without his work place violence resulted in $4.2 billion in retary of Labor to wait for completion on this historic legislation since 1994, lost productivity and legal expenses for of a National Academy of Sciences we could not be here today talking American businesses. From what I study before promulgating a standard, about the economic needs of victims of have heard from victims and advocates, regulation or guideline or ergonomics; domestic violence. this is a very conservative estimate. to the Committee on Health, Edu- In 1994, we enacted the landmark Vi- The health care costs are also equally cation, Labor, and Pensions. olence Against Women Act. For the staggering. Both the American Medical SENSIBLE ERGONOMICS NEEDS SCIENTIFIC first time, Congress said violence Association (AMA) and the Surgeon EVIDENCE ACT against women was a national disgrace General have labeled violence against Mr. BOND. Mr. President, I rise and a public health threat. We had to women a public health threat. Violence today as chairman of the Senate Com- act. This was no longer just a family is the number one reason women ages mittee on Small Business to introduce matter or a family dispute, this was 19 to 35 end up in the emergency room. the Sensible Ergonomics Needs Sci- and is a serious threat against women One out of every three women can ex- entific Evidence Act of SENSE Act. and a serious threat to the community. pect to be the victim of violence at This bill calls on the Occupational We have had police officers in Wash- some point in her life. Safety and Health Administration ington state killed responding to do- Our legislation would also prohibit (OSHA) to do the sensible thing—wait mestic violence calls. We have seen too discriminating against victims of do- for sound science before imposing new many women in the emergency room mestic violence in all lines of insur- ergonomics regulations on small busi- and too many families devastated by ance. If a woman seeks treatment in an nesses. If enacted, the SENSE Act violence. Emergency Room and reports this as would require OSHA to wait for the re- VAWA set in motion a national re- domestic violence, she should not be sults of a study by the National Acad- sponse to this crisis. We are now in the denied disability or life insurance. If an emy of Sciences (NAS) before issuing process of reauthorizing and strength- estranged husband burns the house to proposed or final regulations, stand- ening VAWA. This is my major pri- the ground the woman should not be ards or guidelines on ergonomics. As a ority. Reauthorization of VAWA ce- denied compensation simply because it native of Missouri, the ‘‘Show Me ments the foundation we need to build was an act of domestic violence. To say State,’’ waiting for the NAS study the structure that will ultimately end that victims of domestic violence en- makes good sense to me. domestic violence and abuse. gage in high risk behavior similar to In introducing the SENSE Act, I am The Battered Women’s Economic Se- sky diving or race care driving is sim- pleased to be joined by numerous col- curity Act takes the next logical step. ply outrageous. It is the ultimate ex- leagues from all across the country— As a result of the work that I have ample of blaming the victim. including Senators ENZI, JEFFORDS, done concerning family violence, I Our legislation is not the final solu- BURNS, VOINOVICH, SNOWE, ASHCROFT, have come to understand that the real tion, but it begins the process of ad- MCCONNELL, LOTT, NICKLES, HUTCH- long-term solution is to tear down the dressing long term economic needs. I INSON, MACK, COVERDELL, COLLINS, economic barriers that trap women in am hopeful that once we have secured SHELBY, KYL, FITZGERALD, ABRAHAM, violent homes and relationships. reauthorization of VAWA we can begin GREGG, HUTCHISON, HELMS, BUNNING, Our legislation addresses many of the to focus on these economic problems. CRAPO, BENNETT, DEWINE, HAGEL, SES- economic barriers that I know force a Without VAWA we have no foundation. SIONS, and CHAFEE. These Senators, cycle of violence. I have met with I will be working with PAUL and like me, agree with their small busi- many of the advocates in the state of other Members of the Senate towards ness constituents that it makes good Washington and heard from them first enactment of key provisions of the bill. sense for OSHA to wait for the results hand, about how these barriers make I am also committed to continuing my of the NAS study before proposing ad- long term security for women and their work with Senator BIDEN in an effort ditional regulatory requirements for children difficult. From housing to to enact Violence Against Women Re- small businesses. child care to job protection to welfare authorization during this session. Just last year, Congress and the waivers, our legislation attempts to I urge all of my colleagues to review President agreed to spend $890,000 for deal with the long term economic prob- the Battered Women’s Economic Secu- NAS to undertake a thorough, objec- lems. rity Act. I encourage all of you to talk tive, and de novo review of the sci- Women should not have to be forced to your advocates and your police, ask entific literature to examine the cause- to choose between job security and vio- them what issues keep women trapped and-effect relationship between repet- lence. Each year one million individ- in a violent home or relationship. Ask itive tasks in the workplace and mus- uals become victims of violent crimes them what needs to be done to provide culoskeletal disorders. The study is in- while working on duty. Men are more long term solutions. I know that after tended to achieve a scientific under- likely to be attacked at work by a careful review and consideration, you standing of the conditions and causes stranger, women are more likely to be will reach the same conclusions. There of musculoskeletal disorders. The NAS attacked by someone they know. One- are economic barriers that must be has selected a panel of experts to con- sixth of all workplace homicides of torn down. I hope that many of you duct the study. The panel will examine women are committed by a spouse, ex- will join in cosponsoring this legisla- the scientific data on the multiple fac- spouse, boyfriend or ex-boyfriend. Boy- tion and work with me to enact this tors and influences that contribute to friends and husbands, both current and comprehensive solution to ending the musculoskeletal disorders and answer former, commit more than 13,000 acts cycle of violence that too many women seven questions provided by Represent- of violence against women in the work- and children face every day. atives BONILLA and Livingston. The place every year. This does not include NAS will complete its study by Janu- harassment or the threat of violence. By Mr. BOND (for himself, Mr. ary 2001. As intended by Congress and Clearly, women face a serious threat in ENZI, Mr. JEFFORDS, Mr. BURNS, the President, the NAS study will as- the work place and yet if they leave to Mr. VOINOVICH, Ms. SNOWE, Mr. sist OSHA and the Congress in deter- avoid harm, they are denied workers ASHCROFT, Mr. MCCONNELL, Mr. mining whether sound science supports compensation. Perhaps even more of- LOTT, Mr. NICKLES, Mr. HUTCH- a comprehensive ergonomics regula- fensive is the fact that some states re- INSON, Mr. MACK, Mr. COVER- tion as envisioned by OSHA. quire victims of domestic violence to DELL, Ms. COLLINS, Mr. SHELBY, In theory, an ergonomics regulation seek employment in order to receive Mr. KYL, Mr. FITZGERALD, Mr. would attempt to reduce musculo- TANF benefits. To have any economic ABRAHAM, Mr. GREGG, Mrs. skeletal disorders, such as Carpal Tun- safety net some women are forced to HUTCHISON, Mr. HELMS, Mr. nel Syndrome, muscle aches and back jeopardize their own safety. BUNNING, Mr. CRAPO, Mr. BEN- pain, which, in some instances, have This is not just an issue that effects NETT, Mr. DEWINE, Mr. HAGEL, been attributed to on-the-job activi- victims of domestic violence. We all Mr. SESSIONS, Mr. CHAFEE, and ties. However, the medical community suffer the economic consequences of vi- Mr. BROWNBACK): is divided sharply on whether scientific S5496 CONGRESSIONAL RECORD — SENATE May 18, 1999 evidence has established a true cause- as the ‘‘Workplace Preservation Act,’’ the available evidence examining a cause and-effect relationship between such was introduced by Representantive and effect relationship between repetitive problems and workplace duties. We ROY BLUNT from Missouri on March 4. tasks in the workplace and musculoskeletal disorders or repetitive stress injuries; and need to understand the relationship be- Representative BLUNT is doing an ex- cellent job shepherding his bill through (B) submits to Congress a report setting tween work and these injuries before forth the findings resulting from such study; moving forward. the other body. In fact, his efforts have and Regrettably, rather than waiting for produced a bipartisan list of 138 co- (2) the expiration of the 30-day period be- NAS’ findings, OSHA now plans to pub- sponsors. I expect the Senate to show ginning on the date on which the final report lish a proposed rule by September of similar support for our Nation’s small under paragraph (1)(B) is submitted to Con- 1999. In fact, OSHA officials have sug- businesses. gress. gested that a final rule could be issued I urge my collagues in the Senate to by the end of 2000—just a few months take a good look at the SENSE Act and By Mr. CRAPO (for himself and before NAS will complete its study. join us in supporting legislation to en- Mr. CRAIG): This simply doesn’t make sense. The sure that the federal government does S. 1071. A bill to designate the Idaho NAS study should identify scientific not propose an ergonomics regulation National Engineering and Environ- and medical studies that are based on for small businesses until Congress can mental Laboratory as the Center of Ex- sound science and provide solid sci- assess the findings of the NAS study. cellence for Environmental Steward- entific evidence regarding the causa- I ask unanimous consent that the ship of the Department of Energy land, tion of ergonomics injuries. Our intent Sensible Ergonomics Needs Scientific and establish the Natural Resources In- is simply to ensure that the require- Evidence (SENSE) Act be printed at stitute within the Center; to the Com- ments of any ergonomics program pro- this point in the RECORD. mittee on Armed Services. There being no objection, the bill was posed by OSHA are based on sound ENVIRONMENTAL STEWARDSHIP AND NATURAL ordered to be printed in the RECORD as science and are effective to improve RESOURCES ACT OF 1999 follows: workplace safety and health. It only ∑ Mr. CRAPO. Mr. President, I rise in S. 1070 makes sense for OSHA to wait for the support of the Environmental Steward- Be it enacted by the Senate and House of scientific and medical information ship and Natural Resources Act which I Representatives of the United States of America am introducing today with Senator needed to know whether it is headed in Congress assembled, CRAIG as cosponsor. down the right path. SECTION 1. SHORT TITLE. Waiting for the NAS study won’t stop This Act may be cited as the ‘‘Sensible The nuclear defense capability of the the progress being made as ergonomic Ergonomics Needs Scientific Evidence Act’’ United States has protected our form principles are applied to the workplace. or the ‘‘SENSE Act’’. of government and ensured our free- And, progress is being made. According SEC. 2. FINDINGS. doms since its inception during World to recent data from the Bureau of Congress finds the following: War II. In order to sustain and develop Labor Statistics, the number of inju- (1) The Department of Labor, through the our nuclear deterrence, a vast indus- Occupational Safety and Health Administra- trial complex was established. This ries and illnesses involving repeated tion (referred to in this Act as ‘‘OSHA’’), has trauma, strains, sprains, tears, and announced that it plans to propose regula- complex of facilities was built under carpal tunnel syndrome are all on the tions during 1999 to regulate ‘‘ergonomics’’ the auspices of the Atomic Energy decline. Employers are actively imple- in the workplace. A draft of OSHA’s Commission and its successor agency, menting measures to address ergo- ergonomics regulation became available in the Department of Energy. Uranium nomic risk factors. The SENSE Act is February 19, 1999. mines, factories, laboratories, and re- in no way intended to discourage em- (2) In October, 1998, Congress and the Presi- actors were located throughout the ployers from continuing to implement dent agreed that the National Academy of country to provide nuclear and conven- Sciences shall conduct a comprehensive tional components for weapons. These voluntary measures where appropriate study of the medical and scientific evidence and effective. Similarly, the SENSE regarding musculoskeletal disorders. The facilities were mostly located on large Act does not prevent OSHA from con- study is intended to evaluate the basic ques- tracts of land, which also included sur- tinuing to work on ergonomics. In fact, tions about diagnosis and causes of such dis- rounding buffer areas for security. I would encourage OSHA to use the orders. Given the uncertainty and dispute With the end of the cold war, and the time prior to the completion of the about these basic questions, and Congress’ mutual reduction of the United States NAS study to research ergonomics fur- intention that they be addressed in a com- and Russian nuclear arsenals, many of ther, identify successful prevention prehensive study by the National Academy our nuclear facilities are closing, of Sciences, it is premature for OSHA to pro- changing or reducing their missions. strategies, and provide technical as- pose a regulation on ergonomics as being sistance. For those who would argue necessary or appropriate to improve work- Land management at these facilities, that waiting for the NAS study will re- ers’ health and safety until such study is throughout their production lives was sult in more employees being injury, completed. limited to accomplishing their mis- OSHA can exercise its enforcement au- (3) An August, 1998, workshop on ‘‘work re- sions and providing isolation and secu- thority under the General Duty Clause, lated musculoskeletal injuries’’ held by the rity. Protection of the ecosystems and Section 5(a)(1) of the Occupational National Academy of Sciences reviewed ex- natural resources, on which our nu- Safety and Health Act, to ensure a safe isting research on musculoskeletal disorders. clear arsenal was built, did not rate It showed that there is insufficient evidence high priority in the agency’s planning. workplace and address any significant to assess the level of risk to workers from re- ergonomic hazards. My bill doesn’t petitive motions. Any environmental benefits or natural change that authority provided under (4) A July, 1997, report by the National In- resources protection on these facilities current law. stitute for Occupational Safety and Health was truly incidental to their isolation. Simply put, the SENSE Act requires (NIOSH) reviewing epidemiological studies In addition to lack of natural re- OSHA to wait for NAS to complete its that have been conducted of ‘‘work related source planning, there exists a con- study and submit the findings in a re- musculoskeletal disorders of the neck, upper tamination legacy which has resulted port to Congress. Congress would then extremity, and low back’’ showed that there in the largest and most expensive is insufficient evidence to assess the level of cleanup program in the federal govern- have 30 days to review the final report risk to workers from repetitive motions. before OSHA issues proposed or final Such evidence would be necessary to write ment. Regardless of the effectiveness regulations, standards or guidelines. an efficient and effective regulation. and efficiency of the cleanup program, From where I stand, it only makes SEC. 3. DELAY OF STANDARD, REGULATION OR some levels of contaminants will re- sense for Congress and OSHA to have GUIDELINE. main, and will need to be monitored the benefit of the NAS study before The Secretary of Labor, acting through the and managed. Long term stewardship OSHA proposes to require employers to Occupational Safety and Health Administra- is the process of managing and pro- tion, may not propose or issue in final form tecting the natural resources that are implement a comprehensive program any standard, regulation, or guideline on addressing musculoskeletal disorders. ergonomics until— unaffected by contamination, and also Tomorrow in the other body, the (1) the National Academy of Sciences— the continual monitoring and stabiliza- compansion bill to the SENSE Act is (A) completes a peer-reviewed scientific tion of contaminants that remain in scheduled for mark up. H.R. 987, known study, as mandated by Public Law 105–277, of place following mediation. Even after a May 18, 1999 CONGRESSIONAL RECORD — SENATE S5497 facility is cleaned up and closed, no World Trade Organization Enforcement est extent possible avoiding sanctions matter how effective the remediation Act of 1999. It is a bill that will in- that hurt only our market opportuni- effort, the federal government is still crease transparency and give the public ties abroad. liable for any subsequent action that more input into the dispute settlement I still believe we must make a con- may be necessary to insure that no process of the WTO. It is analogous to certed effort to pass fast track trade harm will come to humans or the envi- a ‘‘Sunshine Law’’ for the WTO. negotiating authority. Because fast ronment. The United States plays a major role track has languished, U.S. businesses The Idaho National Engineering and in leading the world and shaping its are increasingly being put at a com- Environmental Laboratory, INEEL, economy and must continue to do so. petitive disadvantage. While Canada has a long history with the Atomic En- We must be leaders, not simply partici- has already concluded a free trade ergy Commission and the Department pants. Our leadership as a country will agreement with Chile, and Mexico is of Energy. Originally known as the Na- be effective only if our trade policy is expanding its free trade arrangement tional Reactor Testing Station, this clearly defined and is based on the with Chile, the United States lags be- site constructed, tested, and operated vital interests of the American people, hind. Our companies clearly are being 52 reactors for various defense and ci- because if Americans do not accept our put at a competitive disadvantage in vilian purposes since the early 1950’s. leadership on trade policy, neither will our own hemisphere. America must All but a handful of these reactors have the rest of the world. lead, not follow—in our back yard and been decontaminated and dismantled. Our success of more than 200 years around the world. In addition to this nuclear mission, the has been because American is a nation As we approach the next round of ne- INEEL has developed expertise and ex- dedicated to We the People. We are a gotiations in the WTO, fast track is perience in the modeling the move- nation whose greatness flows not from crucial to U.S. businesses. Clearly, ment of contaminants in the environ- government, but from the creativity trade negotiations designed to reduce ment; and research and development of and ingenuity of the American people. or eliminate barriers and trade dis- technologies necessary for the detec- Our service providers, manufacturers, torting practices have benefited our tion, monitoring, stabilization, and retailers, farmers and ranchers, and in- companies and our economy, and we mediation of contamination. I propose, vestors are top notch compared with need to continue our leadership role in with this bill, to establsh the INEEL as their competitors, and it is time for us multiple trade fora. the Department of Energy Center of in public service to lay aside the values However, support for fast track and Excellence for the development of tech- and priorities of Washington, D.C., and new negotiations is tied in the public nologies, techniques, and methodolo- promote the values and priorities of mind to the benefit they receive from gies for the implementation of an effec- the American people. existing trade agreements. It is of ut- tive Long Term Stewardship program As I have traveled around Missouri, most importance that the United throughout the nuclear weapons pro- one thing is clear: citizens want Amer- States closely monitor and vigorously duction complex. ica to be defined today as she was 100- enforce our trade agreements. The pri- I also propose the establishment of a plus years ago. We have been known as vate sector must be able to rely on U.S. Natural Resource Institute at the a land of ascending opportunity, that agreements to be productive and long- INEEL. This institute will bring to- every generation in America has more lasting. gether scientists, scholars, and others opportunity than the previous genera- Opening foreign markets looms be- in the field of natural resources man- tion. This is a definition of America fore us as a brick barricade. With the agement, to study complex issues that that we must maintain—‘‘the best is same will and authority of President affect natural resources policy. The in- yet to come.’’ Reagan before the Berlin Wall when he stitute will also work on specific nat- Already, U.S. companies are first- said—‘‘Mr. Gorbachev, tear down this ural resource and environmental issues class in their production, processing, wall’’—we must face head-on the barri- and problems, by utilizing the re- and marketing at home and abroad—al- cades before our exporters. It’s not an sources of the INEEL, northwest uni- ways responding to the challenges of easy task, but then again, neither was versities, states, and various federal our competitive free-market system. dismantling the Evil Empire. As John agencies. The INEEL is a national lab- While the United States can produce Wayne said in ‘‘The Big Trail’’: ‘‘No oratory, not is just a laboratory for the more goods and provide more services great trail is ever blazed without hard- Department of Energy. The expertise, than any other country, we account for ship. You’ve got to fight. That’s life.’’ experience, and resources of this site only five percent of the world’s con- Just last week, the Europeans stood must be made available to all. The nat- suming population. That leaves 95 per- on their massive wall of protectionism ural Resource Institute will be the con- cent of the world’s consumers outside built across the trail of free trade and duit for bringing expertise to the of our borders—this is an astounding simply rejected U.S. beef, even in the INEEL and for making information, statistic when we put it in terms of face of having lost the WTO case. We’ve data, and good science available for the creating opportunities. got a trail to blaze—the Europeans solution of natural resource issues For example, nearly 40 percent of all cannot be allowed to make a mockery throughout the inland northwest.∑ U.S. agricultural production is ex- of the competitive spirit of our cattle ported, but in September of last year, ranchers. In this case, results, not By Mr. ASHCROFT (for himself, American farmers and ranchers faced words, count the most. Mr. INOUYE, Mr. BURNS, Mr. the first monthly trade deficit of U.S. Failing to implement agreements al- GRASSLEY, Mr. ROBERTS, Mr. farm and food products since the ready negotiated creates an environ- ENZI, and MR. HAGEL): United States began tracking trade ment of descending opportunity. It is S. 1073. A bill to amend the Trade Act data in 1941. Our farmers, or any other imperative, therefore, that the Admin- of 1974 to ensure that United States in- sector, simply will not succeed if they istration follow through with enforcing dustry is consulted with respect to all face descending opportunity. With the decisions the U.S. has won in the aspects of the WTO dispute settlement manufacturing productivity increasing WTO. What good is winning a case if we process; to the Committee on Finance. and with the consuming capacity of the are unable to enforce the judgment? WORLD TRADE ORGANIZATION ENFORCEMENT world largely outside of our borders, It is clear that the most contentious ACT OF 1999 our companies need equally increasing issues ever to be brought before the Mr. ASHCROFT. Mr. President, de- access to foreign demand. The pros- WTO—whether it is negotiating new veloping trade policy that will increase perity of the next generation of Ameri- agreements or suing the dispute settle- Americans’ competitiveness in the 21st cans is tied to our current competitive- ment process to enforce existing ones— century must be a priority of this Con- ness in global markets. have been about the agricultural poli- gress and of the administration. That We must develop policies that will cies of the United States and the Euro- is why I rise today, joined by Senators shape opportunities for the 21st cen- pean Union. DANIEL INOUYE, CHUCK GRASSLEY, tury—opening new markets, ensuring One of the significant changes in the CONRAD BURNS, PAT ROBERTS, CHUCK that our trading partners live up to dispute settlement process in 1994 was HAGEL, and MIKE ENZI, to introduce the their commitments, and to the great- that panels would be set up and panel S5498 CONGRESSIONAL RECORD — SENATE May 18, 1999 decisions would be adopted but for a lateral context of the WTO dispute set- S. 15 consensus against doing so. Also, strict tlement process. At the request of Mrs. HUTCHISON, the time lines were built into the process. If the farm groups and U.S. compa- name of the Senator from Maine (Ms. Soon thereafter, the U.S. took two ag- nies were to increase their public com- COLLINS) was added as a cosponsor of S. riculture cases against the EU through ment in the implementation and post- 15, a bill to amend the Internal Rev- the new WTO dispute process—the ba- implementation stages of the WTO dis- enue Code of 1986 to provide that mar- nana case and the beef case (which had pute settlement process, this will ried couples may file a combined re- already been before the GATT panel). heighten the pressure on the foreign turn under which each spouse is taxed The new dispute settlement changes in country to comply with the Panel deci- using the rates applicable to unmarried the WTO worked, and the United sions. Currently, while the USTR, Con- individuals. States won these two agriculture cases gress, and industry groups consult dur- S. 30 without the EU having the ability to ing the implementation stages of Panel At the request of Mr. DASCHLE, the block unilaterally the cases from mov- decisions, making the comment and re- name of the Senator from Maryland ing forward. porting requirements more established (Mr. SARBANES) was added as a cospon- For every triumph, however, the and anticipated will increase account- sor of S. 30, a bill to provide United States has suffered multiple de- ability. The WTO system needs to be contercyclical income loss protection feats. Our most recent triumphs were given a chance to work, but the best to offset extreme losses resulting from getting the EU to accept a WTO dis- way to do so is to increase pressure on severe economic and weather-related pute settlement process that is quick those countries that would try to cir- events, and for other purposes. and binding, and winning agriculture cumvent the implementation of panels. S. 38 cases against the EU in that settle- This is imperative not only for agri- At the request of Mr. CAMPBELL, the ment process. However, the EU is now culture and our relations with the EU, name of the Senator from Kentucky denying U.S. farmers and ranchers the it could affect all sectors that are liti- (Mr. MCCONNELL) was added as a co- benefits of the WTO cases we won by gated under the WTO dispute settle- sponsor of S. 38, a bill to amend the In- stalling endlessly in the implementa- ment process. ternal Revenue Code of 1986 to phase tion of those decisions. The proposed modifications to U.S. out the estate and gift taxes over a 10- If the EU, or any other country, is al- domestic rules regarding dispute set- year period. lowed to use delaying tactics, there tlement will prove more effective if the S. 56 could be detrimental effects on these losing party to a WTO dispute provides At the request of Mr. KYL, the name agriculture cases and on future cases to the winning party its plan to comply of the Senator from Kentucky (Mr. regardless of the sector litigated. Also, with the WTO decision and if the win- MCCONNELL) was added as a cosponsor the public support for the WTO system ning party is given meaningfully op- of S. 56, a bill to repeal the Federal es- and its ability to benefit U.S. interests portunity to comment on the plan tate and gift taxes and the tax on gen- will be undermined. prior to its implementation. eration-skipping transfers. It is essential that the administra- The WTO is currently in the midst of S. 135 tion make the EU beef ban a top pri- a review of the organization’s dispute At the request of Mr. DURBIN, the ority. The United States has won this settlement procedures. Therefore, name of the Senator from Nevada (Mr. case against the EU numerous times, under the WTO Enforcement Act, the REID) was added as a cosponsor of S. and we are clearly within our rights to United States must request reforms 135, a bill to amend the Internal Rev- benefit from the cases we litigate and that would oblige member govern- enue Code of 1986 to increase the deduc- win. ment’s to submit a proposed remedy tion for the health insurance costs of We must take the position that if the well in advance of the deadline to com- self-employed individuals, and for EU insists on ‘‘paying’’ for its protec- ply to the decision and as well as con- other purposes. tionism, the EU should ‘‘pay’’ at the sult with the other parties to the pro- S. 147 highest levels allowable and on prod- ceeding on the proposal. At the request of Mr. ABRAHAM, the ucts that will hurt it the most. While If the WTO Enforcement Act is name of the Senator from Arkansas U.S. ranchers can never be com- passed, the U.S. public would be able to (Mr. HUTCHINSON) was added as a co- pensated fully for the EU’s protec- obtain more information about the for- sponsor of S. 147, a bill to provide for a tionist policies, the value of conces- eign government’s plans for compli- reduction in regulatory costs by main- sions withdrawn from the EU must at ance with WTO panel decisions and taining Federal average fuel economy least equal the value of the beef pro- would be afforded a more formal oppor- standards applicable to automobiles in ducers current damage. tunity to comment on how the process effect at current levels until changed Beef producers in Missouri will not is working. If we negotiate trade agree- by law, and for other purposes. benefit if the level of retaliation is not ments for American citizens wishing to S. 216 such that will induce the EU to change do business in foreign markets, they At the request of Mr. JEFFORDS, the its protectionist policies. A strong re- have every right to voice their support name of the Senator from Alaska (Mr. sponse to the EU’s treatment of U.S. for or objections to the way foreign MURKOWSKI) was added as a cosponsor agricultural products is long overdue. governments or the U.S. government is of S. 216, a bill to amend the Internal We must have reciprocity in our cross- making those agreements beneficial. Revenue Code of 1986 to repeal the limi- Atlantic agricultural trade. If U.S. It is time for us to enact policies that tation on the use of foreign tax credits meat is not welcome in the EU, then reflect our support for U.S. companies’ under the alternative minimum tax. EU meat should not be accepted in the efforts to reach their competitive po- S. 285 United States. tential internationally and policies At the request of Mr. MCCAIN, the The EU’s repeated, damaging actions that create ascending opportunity for names of the Senator from Rhode Is- against America’s cattlemen must not Americans for the 21st century so that land (Mr. REED) and the Senator from go unaswered—that is why I have we can say, with confidence, ‘‘the best Tennessee (Mr. FRIST) were added as called on the Administration to retali- is yet to come.’’ cosponsors of S. 285, a bill to amend ate with authority and that is why I f title II of the Social Security Act to re- am introducing the WTO Enforcement store the link between the maximum Act. ADDITIONAL COSPONSORS amount of earnings by blind individ- The WTO Enforcement Act has two S. 3 uals permitted without demonstrating major objectives: ensure that the U.S. At the request of Mr. GRAMS, the ability to engage in substantial gainful government affords adequate trans- name of the Senator from Kentucky activity and the exempt amount per- parency and public participation in the (Mr. MCCONNELL) was added as a co- mitted in determining excess earnings U.S. decision-making process, and sponsor of S. 3, a bill to amend the In- under the earnings test. begin multilateral negotiations with a ternal Revenue Code of 1986 to reduce S. 311 view toward incorporating more trans- individual income tax rates by 10 per- At the request of Mr. MCCAIN, the parency and consultation in the multi- cent. name of the Senator from Maine (Ms. May 18, 1999 CONGRESSIONAL RECORD — SENATE S5499

COLLINS) was added as a cosponsor of S. (Mrs. FEINSTEIN) was added as a co- respect to trade, security, and human 311, a bill to authorize the Disabled sponsor of S. 429, a bill to designate the rights. Veterans’ LIFE Memorial Foundation legal public holiday of ‘‘Washington’s S. 758 to establish a memorial in the District Birthday ‘‘ as ‘‘Presidents’ Day’’ in At the request of Mr. ASHCROFT, the of Columbia or its environs, and for honor of George Washington, Abraham name of the Senator from New York other purposes. Lincoln, and Franklin Roosevelt and in (Mr. MOYNIHAN) was added as a cospon- S. 331 recognition of the importance of the sor of S. 758, a bill to establish legal At the request of Mr. JEFFORDS, the institution of the Presidency and the standards and procedures for the fair, name of the Senator from Nebraska contributions that Presidents have prompt, inexpensive, and efficient reso- (Mr. HAGEL) was added as a cosponsor made to the development of our Nation lution of personal injury claims arising of S. 331, a bill to amend the Social Se- and the principles of freedom and de- out of asbestos exposure, and for other curity Act to expand the availability of mocracy. purposes. health care coverage for working indi- S. 487 S. 763 viduals with disabilities, to establish a At the request of Mr. GRAMS, the At the request of Mr. THURMOND, the Ticket to Work and Self-Sufficiency name of the Senator from Idaho (Mr. name of the Senator from Florida (Mr. Program in the Social Security Admin- CRAPO) was added as a cosponsor of S. MACK) was added as a cosponsor of S. istration to provide such individuals 487, a bill to amend the Internal Rev- 763, a bill to amend title 10, United with meaningful opportunities to work, enue Code of 1986 to provide additional States Code, to increase the minimum and for other purposes. retirement savings opportunities for Survivor Benefit Plan basic annuity for S. 333 small employers, including self-em- surviving spouses age 62 and older, and At the request of Mr. LEAHY, the ployed individuals. for other purposes. name of the Senator from New York S. 566 S. 789 (Mr. MOYNIHAN) was added as a cospon- At the request of Mr. LUGAR, the At the request of Mr. MCCAIN, the sor of S. 333, a bill to amend the Fed- name of the Senator from Pennsyl- names of the Senator from Georgia eral Agriculture Improvement and Re- vania (Mr. SANTORUM) was added as a (Mr. CLELAND) the Senator from Lou- form Act of 1996 to improve the farm- cosponsor of S. 566, a bill to amend the isiana (Ms. LANDRIEU) and the Senator land protection program. Agricultural Trade Act of 1978 to ex- from Maine (Ms. COLLINS) were added S. 335 empt agricultural commodities, live- as cosponsors of S. 789, a bill to amend At the request of Ms. COLLINS, the stock, and value-added products from title 10, United States Code, to author- name of the Senator from Tennessee unilateral economic sanctions, to pre- ize payment of special compensation to (Mr. THOMPSON) was added as a cospon- pare for future bilateral and multilat- certain severely disabled uniformed sor of S. 335, a bill to amend chapter 30 eral trade negotiations affecting services retirees. of title 39, United States Code, to pro- United States agriculture, and for S. 817 other purposes. vide for the nonmailability of certain At the request of Mrs. BOXER, the deceptive matter relating to games of S. 622 name of the Senator from South Da- chance, administrative procedures, or- At the request of Mr. KENNEDY, the kota (Mr. JOHNSON) was added as a co- ders, and civil penalties relating to name of the Senator from Maine (Ms. sponsor of S. 817, a bill to improve aca- such matter, and for other purposes. SNOWE) was added as a cosponsor of S. demic and social outcomes for students S. 337 622, a bill to enhance Federal enforce- and reduce both juvenile crime and the At the request of Mr. HUTCHINSON, ment of hate crimes, and for other pur- risk that youth will become victims of the name of the Senator from Ken- poses. crime by providing productive activi- tucky (Mr. MCCONNELL) was added as a S. 664 ties during after school hours. cosponsor of S. 337, a bill to preserve At the request of Mr. CHAFEE, the S. 876 the balance of rights between employ- names of the Senator from Louisiana At the request of Mr. HOLLINGS, the ers, employees, and labor organizations (Ms. LANDRIEU) and the Senator from name of the Senator from West Vir- which is fundamental to our system of Pennsylvania (Mr. SPECTER) were ginia (Mr. BYRD) was added as a co- collective bargaining while preserving added as cosponsors of S. 664, a bill to sponsor of S. 876, a bill to amend the the rights of workers to organize, or amend the Internal Revenue Code of Communications Act of 1934 to require otherwise engage in concerted activi- 1986 to provide a credit against income that the broadcast of violent video pro- ties protected under the National tax to individuals who rehabilitate his- gramming be limited to hours when Labor Relations Act. toric homes or who are the first pur- children are not reasonably likely to S. 348 chasers of rehabilitated historic homes comprise a substantial portion of the At the request of Ms. SNOWE, the for use as a principal residence. audience. name of the Senator from New Hamp- S. 707 S. 878 shire (Mr. SMITH) was added as a co- At the request of Mr. GRASSLEY, the At the request of Mr. TORRICELLI, the sponsor of S. 348, a bill to authorize name of the Senator from Oregon (Mr. name of the Senator from Massachu- and facilitate a program to enhance WYDEN) was added as a cosponsor of S. setts (Mr. KENNEDY) was added as a co- training, research and development, 707, a bill to amend the Older Ameri- sponsor of S. 878, a bill to amend the energy conservation and efficiency, cans Act of 1965 to establish a national Federal Water Pollution Control Act to and consumer education in the oilheat family caregiver support program, and permit grants for the national estuary industry for the benefit of oilheat con- for other purposes. program to be used for the develop- sumers and the public, and for other S. 741 ment and implementation of a com- purposes. At the request of Mr. GRAHAM, the prehensive conservation and manage- S. 387 name of the Senator from Maine (Ms. ment plan, to reauthorize appropria- At the request of Mr. GRAHAM, the COLLINS) was added as a cosponsor of S. tions to carry out the program, and for name of the Senator from Delaware 741, a bill to provide for pension re- other purposes. (Mr. BIDEN) was added as a cosponsor of form, and for other purposes. S. 880 S. 387, a bill to amend the Internal S. 757 At the request of Mr. INHOFE, the Revenue Code of 1986 to provide an ex- At the request of Mr. LUGAR, the names of the Senator from Alabama clusion from gross income for distribu- name of the Senator from Oklahoma (Mr. SESSIONS) the Senator from Ne- tions from qualified State tuition pro- (Mr. NICKLES) was added as a cosponsor braska (Mr. KERREY) and the Senator grams which are used to pay education of S. 757, a bill to provide a framework from Georgia (Mr. CLELAND) were expenses. for consideration by the legislative and added as cosponsors of S. 880, a bill to S. 429 executive branches of unilateral eco- amend the Clean Air Act to remove At the request of Mr. DURBIN, the nomic sanctions in order to ensure co- flammable fuels from the list of sub- name of the Senator from California ordination of United States policy with stances with respect to which reporting S5500 CONGRESSIONAL RECORD — SENATE May 18, 1999 and other activities are required under (Mr. TORRICELLI) and the Senator from long to all people and are recognized as such the risk management plan program Wisconsin (Mr. KOHL) were added as co- under the United Nations Declaration of Human Rights and the International Cov- S. 895 sponsors of Senate Concurrent Resolu- enant on Civil and Political Rights; At the request of Mr. LIEBERMAN, the tion 9, A concurrent resolution calling Whereas the death of the former General name of the Senator from Minnesota for a United States effort to end re- Secretary of the Communist Party of the (Mr. GRAMS) was added as a cosponsor strictions on the freedoms and human People’s Republic of China, Hu Yaobang, on of S. 895, a bill to provide for the estab- rights of the enclaved people in the oc- April 15, 1989, gave rise to peaceful protests lishment of Individual Development cupied area of Cyprus. throughout China calling for the establish- Accounts (IDAs) that will allow indi- SENATE RESOLUTION 34 ment of a dialogue with government and party leaders on democratic reforms, includ- viduals and families with limited At the request of Mr. TORRICELLI, the means an opportunity to accumulate ing freedom of expression, freedom of assem- names of the Senator from New Mexico bly, and the elimination of corruption by assets, to access education, to own (Mr. DOMENICI) the Senator from Idaho government officials; their own homes and businesses, and (Mr. CRAIG) the Senator from Wyoming Whereas after that date thousands of pro- ultimately to achieve economic self- (Mr. THOMAS) the Senator from Texas democracy demonstrators continued to pro- sufficiency, and for other purposes. (Mrs. HUTCHISON) the Senator from test peacefully in and around Tiananmen S. 918 Florida (Mr. MACK) the Senator from Square in Beijing until June 3 and 4, 1989, when Chinese authorities ordered the Peo- At the request of Mr. KERRY, the Iowa (Mr. GRASSLEY) and the Senator ple’s Liberation Army and other security from Maine (Ms. SNOWE) were added as names of the Senator from Louisiana forces to use lethal force to disperse dem- (Mr. BREAUX) and the Senator from Or- cosponsors of Senate Resolution 34, A onstrators in Beijing, especially around egon (Mr. WYDEN) were added as co- resolution designating the week begin- Tiananmen Square; sponsors of S. 918, a bill to authorize ning April 30, 1999, as ‘‘National Youth Whereas nonofficial sources, a Chinese Red the Small Business Administration to Fitness Week.’’ Cross report from June 7, 1989, and the State provide financial and business develop- SENATE RESOLUTION 81 Department Country Reports on Human Rights Practices for 1989, gave various esti- ment assistance to military reservists’ At the request of Mr. CRAPO, the small business, and for other purposes. mates of the numbers of people killed and names of the Senator from Alabama wounded in 1989 by the People’s Liberation S. 926 (Mr. SESSIONS) and the Senator from Army soldiers and other security forces, but At the request of Mr. DODD, the name Massachusetts (Mr. KERRY) were added agreed that hundreds, if not thousands, were of the Senator from Iowa (Mr. HARKIN) as cosponsors of Senate Resolution 81, killed and thousands more were wounded; was added as a cosponsor of S. 926, a A resolution designating the year of Whereas 20,000 people nationwide suspected bill to provide the people of Cuba with 1999 as ‘‘The Year of Safe Drinking of taking part in the democracy movement access to food and medicines from the Water’’ and commemorating the 25th were arrested and sentenced without trial to prison or reeducation through labor, and United States, and for other purposes. anniversary of the enactment of the many were reportedly tortured; S. 941 Safe Drinking Water Act. Whereas human rights groups such as At the request of Mr. WYDEN, the SENATE RESOLUTION 92 Human Rights Watch, Human Rights in name of the Senator from Louisiana At the request of Mrs. BOXER, the China, and Amnesty International have doc- (Mr. BREAUX) was added as a cosponsor names of the Senator from Maryland umented that hundreds of those arrested re- of S. 941, a bill to amend the Public (Ms. MIKULSKI) the Senator from Mary- main in prison; Whereas the Government of the People’s Health Service Act to provide for a land (Mr. SARBANES) the Senator from Republic of China continues to suppress dis- public response to the public health South Carolina (Mr. THURMOND) and sent by imprisoning prodemocracy activists, crisis of pain, and for other purposes. the Senator from New Jersey (Mr. journalists, labor union leaders, religious be- S. 955 TORRICELLI) were added as cosponsors lievers, and other individuals in China and At the request of Mr. WARNER, the of Senate Resolution 92, A resolution Tibet who seek to express their political or name of the Senator from North Caro- expressing the sense of the Senate that religious views in a peaceful manner; and Whereas June 4, 1999, is the tenth anniver- lina (Mr. HELMS) was added as a co- funding for prostate cancer research should be increased substantially. sary of the date of the Tiananmen Square sponsor of S. 955, a bill to allow the Na- massacre: Now, therefore, be it tional Park Service to acquire certain AMENDMENT NO. 357 Resolved, That the Senate— land for addition to the Wilderness At the request of Mr. ROBB his name (1) expresses sympathy to the families of Battlefield in Virginia, as previously was withdrawn as a cosponsor of those killed as a result of their participation authorized by law, by purchase or ex- amendment No. 357 proposed to S. 254, in the democracy protests of 1989 in the Peo- change as well as by donation. a bill to reduce violent juvenile crime, ple’s Republic of China, as well as to the families of those who have been killed and to S. 960 promote accountability by rehabilita- those who have suffered for their efforts to At the request of Mr. GRASSLEY, the tion of juvenile criminals, punish and keep that struggle alive during the past dec- name of the Senator from New Mexico deter violent gang crime, and for other ade; (Mr. BINGAMAN) was added as a cospon- purposes. (2) commends all citizens of the People’s sor of S. 960, a bill to amend the Older f Republic of China who are peacefully advo- Americans Act of 1965 to establish pen- cating for democracy and human rights; and SENATE RESOLUTION 103—CON- sion counseling programs, and for (3) condemns the ongoing and egregious CERNING THE TENTH ANNIVER- other purposes. human rights abuses by the Government of SARY OF THE TIANANMEN the People’s Republic of China and calls on S. 980 SQUARE MASSACRE OF JUNE 4, that Government to— At the request of Mr. BAUCUS, the 1989, IN THE PEOPLE’S REPUBLIC (A) reevaluate the official verdict on the name of the Senator from North Da- OF CHINA June 4, 1989, Tiananmen prodemocracy ac- kota (Mr. DORGAN) was added as a co- tivities and order relevant procuratorial or- sponsor of S. 980, a bill to promote ac- Mr. HUTCHINSON (for himself, Mr. gans to open formal investigations on the cess to health care services in rural WELLSTONE, Mr. FEINGOLD, Mr. SMITH June fourth event with the goal of bringing areas. of New Hampshire, Ms. COLLINS, Mr. those responsible to justice; BUNNING, Mr. KYL, Mr. ABRAHAM, Mr. (B) establish a June Fourth Investigation SENATE JOINT RESOLUTION 21 SESSIONS, Mr. GRASSLEY, Ms. SNOWE, Committee, the proceedings and findings of At the request of Ms. SNOWE, the which should be accessible to the public, to names of the Senator from Washington Mr. JEFFORDS, and Mr. BROWNBACK) submitted the following resolution; make a just and independent inquiry into all (Mr. GORTON) and the Senator from matters related to June 4, 1989; which was referred to the Committee Texas (Mr. GRAMM) were added as co- (C) release all prisoners of conscience, in- sponsors of Senate Joint Resolution 21, on Foreign Relations: cluding those still in prison as a result of A joint resolution to designate Sep- S. RES. 103 their participation in the peaceful prodemoc- tember 29, 1999, as ‘‘Veterans of For- Whereas the United States was founded on racy protests of May and June 1989, provide just compensation to the families of those eign Wars of the United States Day.’’ the democratic principle that all men and women are created equal and entitled to the killed in those protests, and allow those ex- SENATE CONCURRENT RESOLUTION 9 exercise of their basic human rights; iled on account of their activities in 1989 to At the request of Ms. SNOWE, the Whereas freedom of expression and assem- return and live in freedom in the People’s names of the Senator from New Jersey bly are fundamental human rights that be- Republic of China; May 18, 1999 CONGRESSIONAL RECORD — SENATE S5501 (D) put an immediate end to harassment, rights does not tumble to the bottom. will not forget the suffering of those detention, and imprisonment of Chinese citi- The well-being of the Chinese people, who saw their friends die for freedom. zens exercising their legitimate rights to the the ability to express themselves, is We will not forget that with each pass- freedom of expression, freedom of associa- fundamental to any future relationship ing day, hundreds of prisoners still lan- tion, and freedom of religion; and guish in prison simply because they de- (E) demonstrate its willingness to respect between the U.S. and China. That is the rights of all Chinese citizens by pro- why I am submitting this resolution. sire freedom in China. ceeding quickly to ratify and implement the Mr. President, the Beijing protests Mr. President, I believe that it is International Covenant on Civil and Polit- began in April 1989 as a call for the time to move to a post-Tiananmen era. ical Rights which it signed on October 5, government to explain itself—to ex- But this cannot happen without the re- 1998. plain its dismissal of an official who lease of Tiananmen Square prisoners. ∑ Mr. HUTCHINSON. Mr. President, had been sympathetic to students de- And it will not happen until we shed today I, along with Senators manding political reform in 1986. The the scales of the Clinton Administra- WELLSTONE, FEINGOLD, BOB SMITH, demonstrators, students and workers, tions’ blind China policy and open our BUNNING, COLLINS, KYL, SESSIONS, asked that the government take action eyes. GRASSLEY, ABRAHAM, SNOWE, and JEF- against corruption. They asked for Let me suggest four tenets for an FORDS, am submitting a resolution freedom for the independent press. open-eye China policy. First, we must commemorating the anniversary of the They asked for democratic reforms. re-engage our allies. Our relationship Tiananmen Square massacre. Ten These students from Beijing University with China has come at the expense of years ago, the Chinese Communist gov- and 40 other universities, these Beijing our relationships with Japan, Taiwan, ernment unleashed lethal force on residents protested in and around and South Korea. We need to rebuild a peaceful demonstrators in Beijing. For Tiananmen Square. They held hunger realistic picture of security in the ten years, demonstrators from strikes. They defied martial law. They Asia-Pacific and recognize China’s ag- Tiananmen have been suffering in pris- were met with brutal repression. gressive military aims in the region— on. On May 30, after almost a month of aims that will only be reached at the The resolution that I am submitting student demonstrations in support of expense of our allies. today simply calls on the government increased democratization in the Peo- Second, we must protect our sen- of the People’s Republic of China to ples Republic of China, the protest sitive technology. Recent investiga- make amends. To reevaluate the ver- leaders erected a symbol of their grow- tions show that we need increased se- dict of Tiananmen Square. To release ing movement—a symbol to be a ‘‘pow- curity at our national labs and other the prisoners. To stop harassing Chi- erful cementing force to strengthen our facilities, common sense background nese citizens seeking freedom. It says resolve’’ and to ‘‘declare to the world checks, controls on technology trans- that if they are serious about being a that the great awakening of the Chi- fers, and a Justice Department that does not hinder its own FBI’s inves- respected member of the international nese people to democratic ideas has tigations. While espionage may be a community, then they will implement reached a new stage.’’ The symbol fact of life, we can still take com- and ratify the International Covenant these students chose was the Goddess prehensive measures to minimize for- on Civil and Political Rights. They will of Democracy—a thirty-seven foot high eign spying. Serious theft of nuclear respect universal standards and they monument of foam and plaster with a and technological secrets have already will respect their own citizens. striking resemblance to the Statute of At the moment, there is a great deal Liberty. This symbol of democracy increased China’s military prowess. Third, we must engage the people of of tension between the U.S. and China. gave those thousands of onlookers a China, rather than the Communist re- Chinese espionage of sensitive tech- hope for a future free of communism. gime. We need sustained engagement, nology, allegations of illegal campaign But on June 3, 1989, police officers at- not just one time, highly publicized po- tacked students with tear gas, rubber donations, competing security inter- litical visits. I therefore advocate in- bullets, and electric truncheons. Peo- ests in the Asia-Pacific region, and dis- creased funding for Radio Free Asia, ple’s Liberation Army (PLA) officers agreements over Kosovo are just a few the Voice of America, democracy build- armed with AK–47s opened fire on the problems—problems that illuminate ing programs, and rule of law initia- innocent people who would dare stand the adversarial behavior of the Chinese tives. Communist government. in their way. But that was not enough Finally, businesses must do their Most recently, there has been a great for the government. They sent convoys part and aggressively advocate human deal of Chinese furor over the mistaken of tanks to Tiananmen Square to abso- rights. The door for China’s entry to bombing of the Chinese embassy in lutely crush the demonstrators. Their the WTO is still open, but a WTO deal Belgrade. I do not take lightly this armored vehicles rammed the Goddess is not just a deal between the U.S. and egregious error and this tragic loss of of Democracy, knocking it down, flat- China. It is also a deal between the life. But as regrettable as this mistake tening it beneath their steel treads. U.S. government and American busi- was, the Chinese government has been They killed a symbol of democracy and nesses. A WTO deal must include an using this event as a catch-all refuta- massacred their own people. On June 4, understanding that American busi- tion of the United States. It was no ac- the PLA and security forces killed 1,500 nesses in China must not be complicit cident that the human rights dialogue and wounded 10,000. By June 7, the Chi- with slave labor or other human rights and the ongoing arms talks were other nese Red Cross reported 2,600 people as- violations. Instead, American busi- casualties of the embassy bombing— piring to democracy dead, In the end, nesses must be advocates for human the two areas where the Chinese gov- the Chinese government killed and rights, to the Beijing government and ernment refuses to be responsible. It wounded thousands of demonstrators. to the people. The simple fact is that was no accident that the Chinese gov- They imprisoned thousands more for China desperately wants American ernment bused demonstrators from their participation. trade and American business. U.S. universities to the U.S. embassy where But the nightmare did not end there. companies must use this leverage to they pelted rocks at American prop- For the hundreds that remain in pris- advance more than profits. erty, breaking windows, keeping Am- on, for their families, each passing day Mr. President, I urge all of my col- bassador Sasser and his staff hostage is a living horror. This ten year terror leagues to join with me in supporting at the embassy. It was no accident that must stop. The resolution that we are this bipartisan resolution—to recognize the Chinese government used propa- introducing today simply calls on the this regime for what it truly is and to ganda to inflame the emotions of the government of the People’s Republic of never forget the tragedy that occurred Chinese people. China to do what is right—to do what ten years ago on June 3 and June 4, But Mr. President, there is no moral is consistent with their constitution 1989.∑ equivalency in the accidental bombing and international standards. It is a ∑ Mr. FEINGOLD. Mr. President, I rise of the embassy and the Tiananmen message to those fighting for democ- today as an original co-sponsor of S. Square massacre. I the midst of the racy—we will not forget the massacre Res. 103, which marks the tenth anni- high stack of issues surrounding U.S.- of pro-democracy demonstrators by po- versary of the Tiananmen Square mas- China relations, I hope that human lice and PLA forces on June 3 and 4. We sacre of June 4, 1989, in China. S5502 CONGRESSIONAL RECORD — SENATE May 18, 1999 The resolution conveys the sense of tions that China signed in 1997 the UN on Tuesday, May 18, 1999, at 9:30 a.m. the Senate that the United States ex- Covenant of Social Economic and Cul- on TV violence and safe harbor legisla- presses its sympathy for those killed at tural Rights and in October 1998 the tion. Tiananmen Square and commends the International Covenant on Civil and The PRESIDING OFFICER. Without Chinese citizens who have continued Political Rights. We should also not objection, it is so ordered. over the last decade to peacefully advo- overlook the fact that neither of these COMMITTEE ON FINANCE cate greater democracy and respect for important international documents has Mr. GRAMS. Mr. President, the Fi- human rights in China. This resolution yet been ratified or implemented. nance Committee requests unanimous further calls on the authorities in Mr. President, while recent attention consent to conduct a hearing on Tues- China to reevaluate the events of June has been drawn to the Embassy bomb- day, May 18, 1999 beginning at 10:00 1989, establish a commission to inves- ing, repeated allegations of espionage a.m. in room 215 Dirksen. tigate what happened, release those and of efforts to influence our elec- The PRESIDING OFFICER. Without still being held in connection with the tions, and the negotiations for China’s objection, it is so ordered. democratic rally, and cease current entrance to the WTO, these current COMMITTEE ON HEALTH, EDUCATION, LABOR, harassment and detention of those still concerns should not obscure our views AND PENSIONS seeking democratic reform. This reso- of the ongoing human rights abuses Mr. GRAMS. Mr. President, I ask lution makes a simple, clear request, that abound throughout China and unanimous consent that the Com- one that the Senate has made many Tibet. According to Amnesty Inter- mittee on Health, Education, Labor, times before—free the Tiananmen national, the human rights situation in and Pensions be authorized to meet for Square democratic protesters and ac- China shows no fundamental change, a hearing on ‘‘ESEA: Educating the cept the legitimacy of the voices that despite the recent promises from the Forgotten Half’’ during the session of still cry out for peaceful democratic re- government of China. At least 2,000 the Senate on Tuesday, May 18, 1999, at form in China. people remain in prison for counter- 10:00 a.m. Mr. President, first I would like this revolutionary crimes that are no The PRESIDING OFFICER. Without opportunity to express my deep regret longer even on the books in China. At objection, it is so ordered. at the unfortunate, and unintentional, least 200 individuals detained or ar- SUBCOMMITTEE ON CLEAN AIR, WETLANDS, bombing of the Chinese Embassy in rested for Tiananmen Square activities PRIVATE PROPERTY, AND NUCLEAR SAFETY Belgrade. Regardless of my continuing a decade ago are also still in prison. By Mr. GRAMS. Mr. President, I ask concerns with some of China’s prac- China’s own statistics, there are nearly unanimous consent that the Sub- tices, I certainly feel great sorrow that a quarter of a million Chinese people committee on Clean Air, Wetlands, Pri- innocent civilians were hurt under imprisoned under the ‘‘re-education vate Property, and Nuclear Safety be these circumstances. through labor’’ system. This situation granted permission to conduct a hear- Nevertheless, we can not, we will not, demonstrates that China has yet to ing on the Environmental Protection let this tragic accident, nor the impact learn the lesson of Tiananmen Agency’s proposed sulfur standard for it may have on our relations with Square—that the aspiration of the Chi- gasoline as contained in the proposed China, silence our voices on the subject nese people for human rights and Tier Two standard for automobiles of democracy and human rights in democratic reform will not disappear Tuesday, May 18, 9:30 a.m., Hearing China, or cause us to overlook the con- with time or repression. Room (SD–406). tinuing ramifications of the events in On this, the tenth anniversary of the The PRESIDING OFFICER. Without Tiananmen Square ten years ago. Chi- traumatic Tiananmen Square mas- objection, it is so ordered. na’s human rights practices remain ab- sacre, we must remember the brave SUBCOMMITTEE ON ENERGY RESEARCH, horrent, and we will not allow recent Chinese citizens who stood before the DEVELOPMENT, PRODUCTION, AND REGULATION events to dampen our continued vigi- tanks and gave their lives to express Mr. GRAMS. Mr. President, I ask lance and willingness to condemn such their hopes for freedom. They breathed unanimous consent that the Sub- practices. It is noteworthy that the their last on the bloody pavement of committee on Energy Research, Devel- demonstrations in China in reaction to Tiananmen, hoping that their sacrifice opment, Production, and Regulation of the bombing are perhaps the largest would help bring democratic reform the Committee on Energy and Natural since the Tiananmen Square protests. and respect for human rights to their Resources be granted permission to It is ironic that public protest is OK fellow countrymen. We must continue meet during the session of the Senate when it serves the government’s inter- to honor those who made such dra- on Tuesday, May 18, for purposes of est, and not OK when it threatens the matic sacrifices for their beliefs. In conducting a subcommittee hearing, government’s hold on power. This is an this momentous year in which China which is scheduled to begin at 2:30 p.m. unacceptable double standard, and I be- marks not only the tenth anniversary The purpose of this hearing is to re- lieve we would be derelict in our duties of Tiananmen Square, but also the fif- ceive testimony on S. 924, the Federal if we did not keep our attention fo- tieth anniversary of the founding of Royalty Certainty Act. cused on the lack of freedom in China. the People’s Republic of China, we The PRESIDING OFFICER. Without As we all know, this April, under must not choose silence on this issue. objection, it is so ordered. considerable pressure from the Con- Only by repeating our demands for gress, the United States sponsored a SUBCOMMITTEE ON FORESTRY CONSERVATION change, can we appropriately honor AND RURAL REVITALIZATION resolution at the United Nations Com- those who were willing to sacrifice all Mr. GRAMS. Mr. President, I ask mission on Human Rights to condemn to achieve a better life for the people of unanimous consent that the Com- China’s ongoing abuses of human China. mittee on Agriculture, Nutrition, and rights. As in past years, China’s leaders Mr. President, I strongly commend Forestry Subcommittee on Forestry, aggressively lobbied against efforts at my friends, the Senator from Arkansas Conservation and Rural Revitalization the Commission earlier and more ac- (Mr. HUTCHINSON) and the Senator from be allowed to meet during the session tively than the countries that sup- Minnesota (Mr. WELLSTONE) for their of the Senate on Tuesday May 18, 1999. ported the resolution. Once again, Bei- leadership on this important, long- The purpose of this meeting will be to jing’s vigorous efforts have resulted in standing issue.∑ discuss noxious weeds and plant pests. a ‘‘no action’’ motion at the Commis- f The PRESIDING OFFICER. Without sion. While I commend the Administra- objection, it is so ordered. tion’s actions this year, I question AUTHORITY FOR COMMITTEES TO f whether our late and halfhearted sup- MEET port for condemnation of China doomed COMMITTEE ON COMMERCE, SCIENCE, AND ADDITIONAL STATEMENTS that resolution to failure. We must not TRANSPORTATION allow China to believe that its human Mr. GRAMS. Mr. President, I ask rights practices are acceptable. We unanimous consent that the Senate OLDER AMERICANS MONTH must remember that if was only under Committee on Commerce, Science, and ∑ Mr. GRASSLEY. Mr. President, it the pressure of previous Geneva resolu- Transportation be authorized to meet may be human nature to overlook the May 18, 1999 CONGRESSIONAL RECORD — SENATE S5503 hardships of previous generations. We On June 3, Mrs. Humphrey will turn fies these same characteristics, it is only fit- don’t think about suffering we don’t 102. In advance of her birthday, during ting that he should be the recipient of this have to endure. This is the way it Older Americans Month, I want to award. should be. And this is the hope of thank Mrs. Humphrey for helping to For half a century, Sam has been an estab- lished leader in our state. Sam has continued America’s innovators, who work to make our country strong. Mrs. Hum- to give back to his community in immeas- ease misfortune for our children and phrey, with her clear vision and com- urable and invaluable ways. He has set the grandchildren. passionate concern for America’s chil- tone, led by example, and has propelled his One of those innovators is a 101-year- dren, perfectly illustrates the theme of peers to do better. Tonight as Sam is being old woman from Sioux City, Iowa. Lou- Older Americans Month: ‘‘Honor the lauded for his many accomplishments and ise Humphrey was a leading light in Past, Imagine the Future: Toward a contributions, I suspect that there as many the battle against polio, one of the Society for All Ages.’’∑ untold stories where Sam has quietly made a most terrifying illnesses of our cen- difference. f In the past decade, our state has experi- tury. Because of her work, and the TRIBUTE TO JOE TAUB enced tremendous developments in the high- work of others devoted to finding a tech industry. From the very beginning, Sam cure, polio is virtually non-existent in ∑ Mr. LAUTENBERG. Mr. President, I could see the future of that industry and our country. rise today to pay tribute to a great knew how it would benefit Washington. He It’s hard for anyone who didn’t live friend, Joe Taub, in celebration of his encouraged its development and became ac- through the 1940s and 1950s to under- 70th birthday on May 19th. Joe is a tre- tively involved in expanding the software stand fully the fear of polio. The dis- mendously hard worker and a world- business in Washington, creating more jobs ease was highly contagious and some- class philanthropist, and I’m proud to and spurring unprecedented economic times fatal. It attacked the lungs and growth. say he’s been my friend for almost 50 More importantly, Samuel understands the limbs. It immobilized its victims, years. that there is more to life than business. made them struggle for breath and Joe came from humble beginnings in There is art, community cohesion, and the often forced them to breathe through Paterson, NJ to join me in founding need and desire to continue one’s education. mechanical iron lungs. Parents Automatic Data Processing in 1949. Sam has rescued community centers from fi- wouldn’t allow their children to go Today, the company employs over nancial disaster, expanded art galleries, and swimming, or to drink out of public 30,000 people in the U.S. and Europe. raised funds for hundreds of organizations. Sam is an invaluable asset to our commu- fountains, for fear of contagion. Those Even after leaving ADP in 1971, Joe children fortunate enough to escape nity for his vision, leadership, and compas- continued to lead an active business sion for those in need. I am convinced that the illness saw their classmates return life, starting his own company and be- Washington state is far better because of to school in leg braces and watched coming owner of the New Jersey Nets him. news reels of people in iron lungs. basketball team. Along the way, Joe Sincerely, At the height of the epidemic, during donated his time to several charities SLADE GORTON, the late 1940s and early 1950s, polio and with his wife, Arlene, established U.S. Senator.∑ struck between 20,000 to 50,000 Ameri- the Taub-Gorelick Laboratory at Me- f cans each year. In one year—1952— morial Sloan Kettering Cancer Center TRIBUTE TO THE RIGHT 58,000 people caught the disease. Most to aid breast cancer victims. REVEREND MARION BOWMAN of them were children. Joe has always worked to improve Mrs. Humphrey of Sioux City became the world around him. To help keep ∑ Mr. GRAHAM. Mr. President, I rise interested in polio before the height of inner city kids off the streets, he fi- today to offer a solemn tribute to an the epidemic. In the 1930s, according to nanced several scholarships and started educator and clergyman whose life the Sioux City Journal, she saw first- the Taub-Doby Basketball League. And spanned most of this great century: the hand the ravaging effects of polio after he contributed to the redevelopment of Right Reverend Marion Bowman of meeting a man who had been disabled Paterson by giving the city a museum Florida. by the disease. She and her husband, documenting its history. Father Marion Bowman passed away the late Dr. J. Hubert Humphrey, a Mr. President, Joe isn’t remarkable last week, and was buried on Friday, Sioux City dentist, became leaders in just for his business achievements and May 14, 1999, at the St. Leo Abbey Cem- the fight against polio. They headed philanthropy. He’s also been a loving, etery. As coach, teacher and president, the Woodbury County chapter of the devoted husband for 45 years and has Father Bowman was a guiding force at National Foundation for Infantile Pa- done a wonderful job as a father and St. Leo College in St. Leo, FL. He is ralysis. Mrs. Humphrey was elected grandfather. survived by a large and loving family, state chairman of the woman’s division I would like to extend my heartfelt and a legion of alumni and friends of of the foundation. best wishes to a long-time friend and St. Leo College. The Humphreys raised thousands of former business partner in honor of his Born on June 30, 1905, in Lebanon, dollars for equipment and therapy to 70th birthday. Joe, on behalf of myself KY, he made his first profession of battle the disease. They enlisted enter- and all those whose lives you have vows twenty years later, and was or- dained as a priest in 1931. His associa- tainers and circus performers in the touched, we wish you the best.∑ cause, hosting these individuals at tion with St. Leo began as a young f fund-raising parties. Their guests in- man; he graduated from St. Leo Col- cluded Bob Hope, clown Emmett Kelly HONORING SAMUEL STROUM lege Prep School in 1923. Father Bowman served as the third and a ham sandwich-eating elephant. ∑ Mr. GORTON. Mr. President, I sub- abbot of St. Leo Abbey, from 1954–69. Their work contributed to a climate mit the following letter to be printed in which Jonas Salk developed the first On April 27, 1970, Father Bowman was in the RECORD. elected president of St. Leo College and polio vaccine. His vaccine, and another The letter follows: developed by Dr. Albert Sabin, soon be- served on the institution’s Board of U.S. SENATE, Trustees as well. came widely available. Polio is vir- Washington, DC, June 19, 1999. tually non-existent in our country, al- Mr. KERRY KILLINGER, A versatile man, Father Bowman though it remains a Third World Honorary Chair, North West Industry Partner- taught math, physics and chemistry at threat. ship, Seattle, WA. the prep school, and for four years was Mrs. Humphrey has said she has no DEAR MR. KILLINGER: tonight, you are St. Leo’s sole coach, heading the foot- secret for living such a long life. She gathered to recognize the outstanding ac- ball, baseball, basketball and track advises people to ‘‘just be happy and be complishments of Samuel Stroum. Nothing teams. He also served as athletic direc- well.’’ She has never had an ache or could give me more pleasure than to con- tor, and played a key role in con- pain. What she did have in abundance gratulate my friend, Sam Stroum, the 1999 verting St. Leo from a prep school to a recipient of the Donnall Thomas Medal of was empathy, kindness, generosity and Achievement award. Dr. Thomas was a man college. devotion. Because of her contributions, of great vision, integrity, determination, and In 1971, St. Leo College bestowed an millions of American children will live he possessed a strong commitment to help- honorary Doctor of Humanities degree without a debilitating disease. ing his fellow citizens. Because Sam personi- on Father Bowman. S5504 CONGRESSIONAL RECORD — SENATE May 18, 1999 Mr. President, as we approach a new SECTION 1. SHORT TITLE; TABLE OF CONTENTS. year. The Board shall set an annual time- millennium and look back on the all- (a) SHORT TITLE.—This Act may be referred table for fulfilling its duties under this Act. but-completed Twentieth Century, we to as the ‘‘Public Safety Medal of Valor (d) HEARINGS.— are reminded of the importance of the Act’’. (1) IN GENERAL.—The Board may hold such (b) TABLE OF CONTENTS.—The table of con- hearings, sit and act at such times and dedicated people who impart knowl- tents for this Act is as follows: places, administer such oaths, take such tes- edge, teach values, coach athletes and Sec. 1. Short title; table of contents. timony, and receive such evidence as the manage our schools. Father Marion Sec. 2. Authorization of Medal of Valor. Board considers advisable to carry out its Bowman—teacher, cleric and friend of Sec. 3. Medal of Valor Review Board. duties. St. Leo College—did all those things Sec. 4. Board personnel matters. (2) WITNESS EXPENSES.—Witnesses re- and many more, and we salute his dedi- Sec. 5. National medal office. quested to appear before the Board may be cation and his multiple contributions.∑ Sec. 6. Definitions. paid the same fees as are paid to witnesses Sec. 7. Authorization of appropriations. f under section 1821 of title 28, United States Sec. 8. Conforming repeal. Code. The per diem and mileage allowances DEPLOYMENT OF A NATIONAL Sec. 9. Consultation requirement. for witnesses shall be paid from funds appro- MISSILE DEFENSE SEC. 2. AUTHORIZATION OF MEDAL OF VALOR. priated to the Board. (e) INFORMATION FROM FEDERAL AGEN- Mr. HATCH. Mr. President, I ask The President may award, and present in the name of Congress, a Medal of Valor of ap- CIES.—The Board may secure directly from unanimous consent that the Senate propriate design, with ribbons and appur- any Federal department or agency such in- proceed to the immediate consider- tenances, to a public safety officer who is formation as the Board considers necessary ation of calendar No. 78, H.R. 4. cited by the Attorney General, upon the rec- to carry out its duties. Upon the request of The PRESIDING OFFICER. The ommendation of the Medal of Valor Review the Board, the head of such department or clerk will report. Board, for extraordinary valor above and be- agency may furnish such information to the The assistant legislative clerk read yond the call of duty. The Public Safety Board. as follows: Medal of Valor is the highest national award (f) INFORMATION TO BE KEPT CONFIDEN- A bill (H.R. 4) to declare it to be the policy for valor by a public safety officer. TIAL.—The Board shall not disclose any in- of the United States to deploy a national SEC. 3. MEDAL OF VALOR REVIEW BOARD. formation which may compromise an ongo- missile defense. (a) ESTABLISHMENT OF BOARD.—There is ing law enforcement investigation or is oth- hereby established a Medal of Valor Review erwise required by law to be kept confiden- There being no objection, the Senate tial. proceeded to consider the bill. Board (hereafter in this Act referred to as SEC. 4. BOARD PERSONNEL MATTERS. Mr. HATCH. Mr. President, I ask the ‘‘Board’’), which shall be composed of 11 members appointed in accordance with sub- (a) COMPENSATION OF BOARD MEMBERS.— unanimous consent that all after the section (b), and shall conduct its business in (1) NON-GOVERNMENT.—Except as provided enacting clause be stricken and the accordance with this Act. in paragraph (2), each member of the Board text of S. 257, as passed by the Senate, (b) MEMBERSHIP.— shall be compensated at a rate equal to the be inserted in lieu thereof. I further (1) MEMBERS.—The members of the Board daily equivalent of the annual rate of basic ask consent that the bill then be read shall be individuals with knowledge or exper- pay prescribed for level IV of the Executive a third time and passed, and the mo- tise, whether by experience or training, in Schedule under section 5315 of title 5, United tion to reconsider be laid upon the the field of public safety, of which— States Code, for each day (including travel table. (A) two shall be appointed by the Majority time) during which such member is engaged The PRESIDING OFFICER. Without Leader of the Senate; in the performance of the duties of the Board. objection, it is so ordered. (B) two shall be appointed by the Minority Leader of the Senate; (2) GOVERNMENT.—All members of the The bill (H.R. 4), as amended, was (C) two shall be appointed by the Speaker Board who serve as officers or employees of read the third time and passed. of the House of Representatives; the United States, a State, or local govern- f (D) two shall be appointed by the Minority ment, shall serve without compensation in addition to that received for those services. PUBLIC SAFETY MEDAL OF VALOR Leader of the House of Representatives; and (E) three shall be appointed by the Presi- (b) TRAVEL EXPENSES.—The members of ACT dent, including one with experience in fire- the Board shall be allowed travel expenses, Mr. HATCH. I ask unanimous consent fighting, one with experience in law enforce- including per diem in lieu of subsistence, at that the Senate now proceed to the ment, and one with experience in emergency rates authorized for employees of agencies consideration of calendar No. 95, S. 39. services. under subchapter 1 of chapter 57 of title 5, The PRESIDING OFFICER. The (2) TERM.—The term of a Board member United States Code, while away from their clerk will report. shall be 4 years. homes or regular places of business in the The assistant legislative clerk read (3) VACANCIES.—Any vacancy in the mem- performance of service for the Board. bership of the Board shall not affect the pow- as follows: SEC. 5. NATIONAL MEDAL OFFICE. ers of the Board and shall be filled in the There is established within the Depart- A bill (S. 39) to provide a national medal same manner as the original appointment. ment of Justice a national medal office. The for public safety officers who act with ex- (4) OPERATION OF THE BOARD.— office shall generally support the Board and traordinary valor above and beyond the call (A) MEETINGS.—The Board shall meet at shall, with the concurrence of the Board, es- of duty, and for other purposes. the call of the Chairman, who shall be elect- tablish criteria and procedures for the sub- There being no objection, the Senate ed by the Board, and shall meet not less than mission of recommendations of nominees for proceeded to consider the bill. twice each year. The initial meeting of the the Medal of Valor. Mr. LEAHY addressed the Chair. Board shall be conducted not later than 90 SEC. 6. DEFINITIONS. days after the appointment of the last mem- The PRESIDING OFFICER. The Sen- For purposes of this Act— ber of the Board. ator from Vermont. (1) the term ‘‘public safety officer’’ means (B) VOTING AND RULES.—A majority of the Mr. LEAHY. I commend, as a cospon- a person serving a public agency, with or members shall constitute a quorum to con- sor, Senator STEVENS and the others without compensation, as a firefighter, law duct business, but the Board may establish a enforcement officer (including a corrections who worked so hard on this. lesser quorum for conducting hearings sched- or court officer or a civil defense officer), or Mr. HATCH. I feel exactly the same uled by the Board. The Board may establish emergency services officer, as defined by the way. by majority vote any other rules for the con- Attorney General in implementing this Act; I ask unanimous consent that the bill duct of the Board’s business, if such rules are and be read a third time and passed, the not inconsistent with this Act or other appli- (2) the term ‘‘State’’ means each of the motion to reconsider be laid upon the cable law. several States of the United States, the Dis- (c) DUTIES.—The Board shall select can- table, and that any statements relating trict of Columbia, the Commonwealth of didates as recipients of the Medal of Valor to the bill be printed at the appropriate Puerto Rico, the Virgin Islands, Guam, from among applications received by the Na- place in the RECORD. American Samoa, and the Commonwealth of tional Medal Office. Not more than once The PRESIDING OFFICER. Without the Northern Mariana Islands. each year, the Board shall present to the At- objection, it is so ordered. torney General the name or names of persons SEC. 7. AUTHORIZATION OF APPROPRIATIONS. The bill (S. 39) was read the third it recommends as Medal of Valor recipients. There are authorized to be appropriated to time and passed, as follows: In a given year, the Board is not required to the Attorney General such sums as may be S. 39 select any recipients, but is limited to a necessary to carry out this Act. Be it enacted by the Senate and House of maximum number of 10 recipients. The At- SEC. 8. CONFORMING REPEAL. Representatives of the United States of America torney General may in extraordinary cases Section 15 of the Federal Fire Prevention in Congress assembled, increase the number of recipients in a given and Control Act of 1974 is repealed. May 18, 1999 CONGRESSIONAL RECORD — SENATE S5505 SEC. 9. CONSULTATION REQUIREMENT. PROGRAM There being no objection, the Senate, The Attorney General shall consult with Mr. HATCH. For the information of at 6:44 p.m., adjourned until Wednes- the Institute of Heraldry within the Depart- day, May 19, 1999, at 10 a.m. ment of Defense regarding the design and ar- all Senators, the Senate will convene tistry of the Medal of Valor. The Attorney at 10 a.m. and immediately resume de- f General shall also consider suggestions re- bate on the juvenile justice bill. New ceived by the Department of Justice regard- amendments to that legislation can be NOMINATIONS ing the design of the medal, including those offered until 12:20 p.m. during tomor- Executive nominations received by made by persons not employed by the De- row’s session. At 12:20 p.m., the Senate the Senate May 18, 1999: partment. will begin debate on amendments Nos. f 357, 358, 360, and 361, which were pre- NATIONAL COMMISSION ON LIBRARIES AND viously offered to the bill. Senators can INFORMATION SCIENCE ORDERS FOR WEDNESDAY, MAY 19, expect a stacked series of four votes to JACK E. HIGHTOWER, OF TEXAS, TO BE A MEMBER OF THE NATIONAL COMMISSION ON LIBRARIES AND INFOR- 1999 begin at 1 p.m. I encourage my col- MATION SCIENCE FOR A TERM EXPIRING JULY 19, 1999, leagues to offer their amendments to- VICE ROBERT S. WILLARD, RESIGNED. Mr. HATCH. Mr. President, I ask JACK E. HIGHTOWER, OF TEXAS, TO BE A MEMBER OF unanimous consent that when the Sen- morrow morning so that we can finish THE NATIONAL COMMISSION ON LIBRARIES AND INFOR- this important legislation in a timely MATION SCIENCE FOR A TERM EXPIRING JULY 19, 2004. ate completes its business today, it (REAPPOINTMENT) stand in adjournment until 10 a.m. on manner. Wednesday, May 19. I further ask that f FOREIGN SERVICE on Wednesday, immediately following THE FOLLOWING-NAMED PERSON OF THE AGENCY INDI- ADJOURNMENT UNTIL 10 A.M. CATED FOR APPOINTMENT AS FOREIGN SERVICE OFFI- the prayer, the Journal of proceedings CER OF THE CLASS STATED, AND ALSO FOR THE OTHER be approved to date, the morning hour TOMORROW APPOINTMENTS INDICATED HEREWITH: FOR APPOINTMENT AS FOREIGN SERVICE OFFICER OF be deemed to have expired, and the Mr. HATCH. Mr. President, if there is CLASS FOUR, CONSULAR OFFICER AND SECRETARY IN time for the two leaders be reserved for no further business to come before the THE DIPLOMATIC SERVICE OF THE UNITED STATES OF their use later in the day. Senate, I now ask unanimous consent AMERICA: The PRESIDING OFFICER. Without that the Senate stand in adjournment DEPARTMENT OF STATE objection, it is so ordered. under the previous order. STEPHEN A. DODSON, OF TEXAS May 18, 1999 CONGRESSIONAL RECORD — Extensions of Remarks E991 EXTENSIONS OF REMARKS

THE SUGAR PROGRAM REFORM It is my hope that this legislation will be Like the banana dispute that preceded itÐ ACT quickly considered by the House. and on which the United States is now col- f lecting trade penalties from EU exportersÐthe current fight over beef hormones stems from HON. DAN MILLER BETTY LIPPS IS THE ANGEL OF FLORIDA European intransigence. AMONG US IN THE HOUSE OF REPRESENTATIVES In the banana case, the EU insisted that its Tuesday, May 18, 1999 HON. JOHN SHIMKUS political ties with former colonies took prece- Mr. MILLER of Florida. Mr. Speaker, today dence over its duty to deal fairly with other na- OF ILLINOIS tions' banana producers. In the current fight myself, Representative GEORGE MILLER and IN THE HOUSE OF REPRESENTATIVES more than 40 of our colleagues are intro- over hormone-treated beef, the EU insists that Tuesday, May 18, 1999 ducing the Sugar Program Reform Act, a bill its trading obligations must take a back seat to to phase out the sugar program by the end of Mr. SHIMKUS. Mr. Speaker, I would like to exaggerated public fears over tampering with 2002. take this opportunity to congratulate Betty nature. This is an untenable stance for a The sugar program is the ``sugar daddy'' of Lipps upon being named Citizen of the Year major trading power; the EU should abandon corporate welfare. Why? Because most of the by the Jefferson County Chamber of Com- it before doing any more damage to the global benefits of this program go to huge corporate merce in recognition of her efforts to create trading system. sugar producers, not the typical family farmer. ``Angels on Assignment.'' The dispute has dragged on since the EU The sugar program's sole purpose is to prop ``Angels'' is affiliated with the First Methodist first banned hormone-treated beef in 1988. up the price of sugar in the United States Church in Mount Vernon, Illinois and began in The issue picked up steam in 1995, when the through a complex system of low-interest, 1991. Since then the ``Angels,'' which is de- World Trade Organization's agreement on nonrecourse loans and tight import restric- voted to helping the needy and homeless in Sanitary and Phyto-Sanitary measures forbade tions. In fact, the price of sugar in the United our country, have made a significant contribu- the use of bogus health and safety regulations States today is roughly four times as high as tion to Mount Vernon and the surrounding Jef- as de facto trade barriers. the price of sugar world wide. ferson County area. Acting on a U.S. complaint, the WTO ulti- As a result, the sugar program imposes a However, we cannot overlook the signifi- mately ruled that the EU ban of imports of hor- ``sugar tax'' on consumers, forcing them to pay cance of Betty Lipps' efforts in creating this mone-treated beef is not based on sound more than $1 billion in higher prices for food program in the first place. Had she not given science, and told the EU to make a change by and sugar every year. of her personal time and vision, this program May 13. To Washington, this meant the ban It devastates the environment, particularly never would have begun and the ``Angels'' must be lifted by Thursday. But Brussels de- the fragile Everglades in my home State of who have come to mean so much to the cided the ruling means that more risk assess- Florida. Higher prices for sugar have encour- Mount Vernon area might never have been ment is needed, and it ordered up 17 scientific aged more and more sugar production in the found. studies. It also said it would announce its in- Everglades Agricultural Area, leading to high It takes a lot of people and a lot of hard tentions this week on how to respond to the levels of phosphorus-laden agricultural runoff work to make a program like this flourish the WTO order. flowing into the Everglades, which has dam- way that ``Angels'' continues to do. Most im- aged the ecosystem. portunately, it takes one courageous and de- Then, last week, EU Consumer Affairs Com- It has cost many Americans their jobs be- termined soul like Betty Lipps to get the whole missioner Emma Bonino dropped a bombshell cause it has restricted the supply of sugar that thing started. into the hubbub of predictions and expecta- is available on the American market, resulting To Betty and her husband of 50 years, Bob, tions. Citing the interim results of the first of in the closure of a dozen sugar refineries I say thank you. Thank you for all you do to the 17 studies, the chain-smoking Ms. Bonino across the country. make our lives a little better. In your honor, I said hormone-treated beef is so unsafe that it Finally, it hampers our ability to expand am wearing the ``Angels'' yellow ribbon on the must continue to be banned from the EU mar- trade opportunities for America's farmers. It is House Floor today as a reminder that with a ket. ``There can no longer be any question of hypocritical for the United States to protect do- little bit of love and understanding there truly lifting the ban,'' she said. mestic sugar production while urging other are angels among us. Thanks Betty. U.S. officials were flabbergasted, and rightly countries to open their agricultural markets. f so. The announcement pre-empted the so- America loses leverage in trade negotiations called scientific studies the EU had launched. as a result. EU BEEF BAN NOT BASED ON It even jumped the gun on the final results of The sugar program is an archaic, unneces- SCIENCE OR FACTS the study it purported to be based upon. And sary government handout to corporate sugar it raised a curious question: Why should the producers at the expense of consumers, work- HON. DOUG BEREUTER EU plow ahead with 17 expensive studies ers, and the environment. It is truly deserving OF NEBRASKA when it knows the outcome from the begin- of reform. IN THE HOUSE OF REPRESENTATIVES ning? The Sugar Program Reform Act will do what Tuesday, May 18, 1999 the 1996 farm bill failed to accomplish. While Moreover, the announcement left major the Farm bill began to phase out supports for Mr. BEREUTER. Mr. Speaker, this Member questions unanswered about the scientific nearly every farm commodity, sugar escaped would like to commend to his colleagues the basis of the EU's policy. The data behind the without any meaningful reform. The Sugar following editorial from the May 11, 1999, interim study results were not immediately Program Reform Act will gradually phase out Journal of Commerce. This editorial provides a available. the loans provided to sugar producers, and thoughtful look at the issues surrounding the At the same time, there is substantial evi- terminate them at the end of 2002. It will re- European Union's ban on hormone-treated dence the product is safe: Americans and Ca- quire that any loans provided to sugar pro- beef. As the editorial emphasizes, since the nadians have been eating hormone-treated ducers must be repaid. ban is not based on science, the EU should beef for decades with no evidence of harm. Finally, it will require the government to en- give consumers the choice of purchasing Study after study has shown there is no dif- sure that there is an adequate supply of sugar American beef. ference in the effects of synthetic and natural on the United States market to help keep The United States and the European Union, hormones. And the United Nations agency re- prices down. twin champions of a rules-based global trading sponsible for food safety issues, Codex This legislation is good for consumers, good system, are heading toward another senseless Alimentarius, has given a clean bill of health to for the environment, good for American work- trade showdown, this one over hormone-treat- the substances the EU cites as most dan- ers, and good for the economy. ed beef. gerous.

∑ This ‘‘bullet’’ symbol identifies statements or insertions which are not spoken by a Member of the Senate on the floor. Matter set in this typeface indicates words inserted or appended, rather than spoken, by a Member of the House on the floor. E992 CONGRESSIONAL RECORD — Extensions of Remarks May 18, 1999 But none of that deterred Ms. Bonino, who to officially recognize this remarkable civic Dr. Jerome Friedman, for experiments that says the danger is so great that even warning leader for his many years of service. confirmed the existence of quarks. As a physi- labels will not offer enough protection. Her f cist, Dr. Kendall constantly sought to break declaration appeared to close off a promising new ground, searching for new scientific phe- compromise involving labeling; if a product is IN HONOR OF HIS HOLINESS BABA nomena and effects. banned, the question of how to label it be- KASHMIRA JI MAHARAJ FOR HIS Dr. Kendall, however, was not content to re- comes academic. DEDICATION TO THE INDIAN main solely in the laboratory. Concerned about U.S. trade negotiators, who initially opposed COMMUNITY governmental issues like nuclear proliferation the idea of labeling beef as hormone-treated, and the safety of nuclear reactors, he helped now are warming to the idea. To be sure, it HON. ROBERT MENENDEZ found the Union of Concerned Scientists. This would add costs to U.S. and Canadian beef OF NEW JERSEY public interest group presses for control of products. But faced with the option of no ac- IN THE HOUSE OF REPRESENTATIVES technologies which may be harmful or dan- cess at all to the EU market, producers are re- gerous. Dr. Kendall served as Chairman of the Tuesday, May 18, 1999 lenting. Given the chance, some might even UCS from 1974 until his recent death. A make a virtue of necessity, marketing their Mr. MENENDEZ. Mr. Speaker, I rise today strong advocate of public safety, Dr. Kendall products as ``New, Improved, Hormone-Treat- to recognize His Holiness Baba Kashmira Ji devoted nearly every minute outside of his ed!'' Maharaj for his commitment to equality and laboratory to campaigns to curb the nuclear It remains for the EU to back down from its tolerance in India. arms race and alert the public to the most Nanny stance and let consumers decide for Called a visionary with a humane touch, pressing environmental threats of our time. themselvesÐjust as they do with cigarettes, Baba Ji has been instrumental in facilitating Through his efforts, Dr. Kendall was a living alcohol, and other products that pose much the distribution of medical services to the most testimony to how scientists and politicians can greater safety risks than beef growth hor- needy in the remote villages of Punjab. By work together to further the public welfare. He mones. No government can guarantee its citi- founding the S.G.L. Charitable Hospital at testified numerous times before Congress zens zero risk, and no public agency should Jalandhar, Baba Ji has ensured that blood do- about issues of technological safety, as he presume to try. The best it can do is base its nation sites and necessary cancer treatment firmly believed that scientists couldÐand policies on sound science, and respect its citi- and detection equipment are available to the shouldÐplay an important role in public policy zens' rights to make an informed choice. area's less fortunate. debates. His leadership of UCS was deeply f Through a combination of meditation and rooted in the belief that, given accurate and medication, Baba Ji and the Charitable Hos- credible information, the public and policy HONORING BERNARD CEDERBAUM pital has assisted the sick, drug addicts and makers would ultimately make the right those suffering from depression. Now, plans choices about the future. He had a rare gift for HON. NITA M. LOWEY have been established to create a nursing col- taking the long view and understanding how OF NEW YORK lege, a dental college, and a medical college. human activities and natural systems are intri- IN THE HOUSE OF REPRESENTATIVES Another issue of great significance to Baba cately intertwined. He encouraged his co- Ji is that of gender equality. He has been in- Tuesday, May 18, 1999 workers to never shy away from the big prob- strumental in highlighting the discrimination lems facing the future of humanity and the Mrs. LOWEY. Mr. Speaker, the Scarsdale and degradation suffered by Indian women. natural world. Bowl Award, Scarsdale's highest civic honor, He has spoken passionately about the oppres- In his leisure time, Dr. Kendall was an avid has been given annually since 1943 to honor sion created by the dowry system and has re- outsdoorman, with a love of scuba diving and ``one who has given unselfishly of time, en- peatedly lent his services to families unable to mountain climbing. His adventures took him to ergy, and effort to serve the civic welfare of meet the expenses of a wedding. the Andes and the Himalayas, where he took the community.'' Today, I would like to recog- Baba Ji has also made essential and indis- pleasure in the beauty of our world. nize a resident of my district who, through pensable strides towards assisting Indian Mr. Speaker, Dr. Kendall was an exemplary nearly three decades of tireless community women in their quest for economic independ- man in both his work as a scientist and as a service, perfectly embodies the spirit of this ence. He and his family have long been pro- public advocate. It is a rare man who can award. moters of equal education rights for boys and excel at such widely differing fields, and work Since moving to Scarsdale 28 years ago, girls. In 1910, Baba Ji's father and grandfather to bring them closer together. Years from now Bernard Cederbaum has chaired or served on donated the necessary land and money to Dr. Kendall may simply be remembered as a no fewer the 10 of Scarsdale's boards, coun- found an institution designed to address the Nobel Prize Winner. But to pay tribute to this cils, and committees. He is one of a very educational needs of India's young women one facet of his life would be to deny the com- small group of residents to have served on and girls. This institution has become one of pleteness of the man, and all that he at- both the board of education (1979±85) and the the finest women's educational institutions in tempted to do to help the people of this na- village board of trustees (1993±98). A natural Asia. tion. leader and commonsense decisionmaker, Mr. From assisting earthquake and flood victims I hope that my colleagues in the House will Cederbaum has presided over the Town Club, to his ground breaking medical work to his ef- join me in extending this tribute to Dr. Kendall. Scarsdale Foundation, Environmental Advisory forts towards equality in India, His Holiness f Council, and Greenacres Association. Those Baba Ji has worked tirelessly on behalf of In- who have served with Mr. Cederbaum admire dia's disadvantaged. For his tremendous work EXPOSING RACISM his intelligence, sense of fairness, reasonable in these areas; for his insight and leadership; approach to problems solving, and his quick and for his continued dedication to the under- HON. BENNIE G. THOMPSON sense of humor. privileged, I would like to thank and congratu- OF MISSISSIPPI Mr. Cederbaum's commitment to a success- late His Holiness Baba Ji. IN THE HOUSE OF REPRESENTATIVES ful professional career has always been bal- f anced with an unyielding dedication to volun- Tuesday, May 18, 1999 tarism. Remarkably, Mr. Cederbaum dedicated HONORING DR. HENRY KENDALL, Mr. THOMPSON of Mississippi Mr. Speaker, countless hours to the town of Scarsdale while SCIENTIST AND HUMANITARIAN since the beginning of March, I have intro- he worked as a partner at the law firm of duced articles into the CONGRESSIONAL Carter, Ledyard, & Milburn, presided over the HON. RUSH D. HOLT RECORD to document the continued effects New York State Bar Association's Corporation OF NEW JERSEY racism and discrimination are having on our and Business Law Section, and participated in IN THE HOUSE OF REPRESENTATIVES nation. Although the killings of James Byrd in various committees of the New York City As- Jasper, TX, and Isaiah Shoels in Littleton, CO sociation of the Bar. Tuesday, May 18, 1999 have painfully thrust the acts of overt, violent The Scarsdale Bowl Award marks Mr. Mr. HOLT. Mr. Speaker, I rise today to pay racists into the national spotlight, the articles I Cederbaum's fulfillment of his goal, to make a tribute to a late friend and colleague, Dr. have entered into the RECORD will show, if valuable contribution to the community in Henry Kendall. they do not already, that we can not sit by si- which he lives. I join with the residents of Dr. Kendall was foremost a great scientist. lently while this cancer grows unchecked. Scarsdale in applauding Mr. Cederbaum's He received the Nobel Prize in 1990, along The origins of our great nation were nascent commitment to our community and I am proud with two colleagues, Dr. Richard Taylor and with promises of freedom, justice, and equality CONGRESSIONAL RECORD — Extensions of Remarks E993 under the law. However, for more than 200 Miami Beach, Florida. Mr. Glass was a stu- [From the Los Angeles Times, May 10, 1999] years, the enslavement of Africans and then dent in Poland when the Nazis invaded his THE VIEW FROM ROMANIA Jim Crow laws obfuscated our taskÐour obli- country in the pre-dawn of September 1, 1939, BOMBING BY NATO, AN ALLIANCE IN WHICH WE gationÐto make America ``one nation under the event which ushered in World War II. HAVE SO MUCH FAITH, ENSURES WRONG RE- God.'' We were blinded to the veracity of in- In his lectures today at the Holocaust Me- SULTS WHILE ABANDONING FUNDAMENTAL spirational phrases like, ``with freedom and morial, Mr. Glass relates how the Nazis cre- PRECEPTS justice for all,'' ``all men are created equal,'' ated Jewish ghettos, in which the Jewish peo- (By Adrian Nastase) and ``Epluribus Unim''Ðfrom the many one. ple were forced into labor for their invaders. In Romanians have a message for NATO—one that is decidedly pro-NATO, but also may be However, during the civil rights movement, September, 1944, Mr. Glass and his family unpleasant. It is a message of ‘‘tough love.’’ many brave Americans of all races stepped were packed into cattle cars and shipped to Halt the bombing of Yugoslavia and de- forward to denounce the laws and systemic Auschwitz. There, he saw his mother and two clare a cease-fire. Negotiations must be re- bigotry that perpetuated an American version sisters for the last time. Mr. Glass later launched without any prior conditions on ei- of apartheid. They walked, marched, and ``sat- learned that they died of starvation at the ther side, taking into account the tragic evo- in'' in an attempt to reclaim the legacy prom- Stutthof concentration camp. lution of events that has already occurred on Mr. Glass was sold as a slave and sent to the ground. ised to all of us by our founding fathers. One As an applicant for NATO membership and such person was Linda Brown. In 1951, this Germany, where he worked in a factory. In member of the Partnership for Peace, Roma- little girl was in the third grade. Although there early May 1945, the laborers were told to dig nia has opened its air space to alliance air- was an elementary school seven blocks from their own graves. As they were about to be craft. We are fully supportive of an embargo her house, young Linda was forced to walk executed, the American Army liberated the that pressures Belgrade to cease its actions over a mile to another elementary school. The factory. in Kosovo. We are adamant that Kosovar Al- reason to make a little girl walk through a rail- Today, Mr. Nat Glass sees it as his mission banians should be allowed to return to their to volunteer and to share his story of tragedy, homes with their rights guaranteed. War road switch yard on her way to school? She crimes should be investigated and pros- was black and the school located seven because he has seen what hate can do. ecuted. blocks from her house was for white students Mr. Speaker, it is a privilege to pay tribute But, most Romanians now think that the only. to Mr. Nat Glass, a man who has overcome use of force, including the long-term con- Many years ago, George Santayana wrote, evil with good. tinuation of airstrikes or any forcible ground ``Those who cannot remember the past are f intervention, will lose everything NATO condemned to repeat it.'' Because I revere the seeks. A TRIBUTE TO CONNIE Kosovo will be destroyed; Slobodan warning contained in these prescient words, LOUDERBACK AND MEMBERS OF Milosevic will remain in power as a wartime today I am introducing a resolution to recog- THE GOLDEN, ILLINOIS HISTOR- leader reinforced by a siege mentality; Mac- nize the 45th anniversary of the Supreme ICAL SOCIETY edonia and Albania will be destabilized by Court's decision in Brown versus Board of refugees and foreign military presence, and Education. In 1954, the U.S. Supreme Court, anti-Americanism will rise to fever propor- in a unanimous decision, boldly struck down HON. JOHN SHIMKUS tions in Greece, Italy and elsewhere. We want NATO to win politically and mor- segregation laws in public schools and upheld OF ILLINOIS IN THE HOUSE OF REPRESENTATIVES ally. We want peace to be ensured by a great the equal protection laws guaranteed to all alliance and its strongest members. We want Americans by the 14th amendment to the U.S. Tuesday, May 18, 1999 dictators to be removed by popular action, Constitution. Mr. SHIMKUS. Mr. Speaker, I would like to and minority rights preserved by diplomacy, However, in the aftermath of that historic take this opportunity to congratulate Connie incentives and law. decision, many of the freedoms won by the Romanians dream about becoming part of Loudermilk and the Golden, Illinois Historical NATO. Our dream has been to enter an alli- Brown decision have been rolled back or are Society for their efforts to preserve Prairie currently under assault. White flight and a con- ance that occupies a moral high ground, not Mills in Golden. one that, by mistake, kills refugees and ci- spicuous attack on our public schools have fa- Prairie Mills was built by Henry R. Emminga vilians. We believe that the alliance’s prin- cilitated the de facto resegregation of our pub- in 1872. It operated for 60 years and served ciples have mattered. For years during the lic schools. All of the lessons we should have as a key component of Golden and the sur- communist period, Romania rejected inter- learned from this important event in our rounding area. Today, it serves perhaps an vention in sovereign states and distanced shared American history, seem to be once even more important role as a reminder of the itself from the Soviet-dominated Warsaw again eluding us. Pact. Now, an alliance in which we have put way things used to be. so much faith has erred by acting in a man- I respectfully submit this legislation to re- Connie Loudermilk, Randy Kurfman and mind us all that we have a moral obligation to ner that ensures all the wrong consequences other members of the Golden Historical Soci- while abandoning fundamental precepts. purge the divisive evil of racism out of the fab- ety are working very hard to raise funds and It seems as if NATO now believes that, ric of harmony, justice, and equality that is our awareness to help preserve the mill and en- after destroying Serbian infrastructure, and shared American legacy. We have a responsi- hance its prospects for the future. waiting until all Albanians are expelled from bility to not only remember the past, but to I want to commend Connie and Randy as Kosovo, it can recreate order and peace from learn from it. well as Jim Simpson, Dave Weese, Bob Teel, nothing. Winning militarily from 5,000 me- If in fact, ``those who cannot remember the ters is being confused tragically with polit- Ben Booth and all the other volunteers in- ical success. past are condemned to repeat it,'' then Mr. volved in this worthwhile effort. I also want to Romanians have learned important lessons Speaker, I pray that my efforts to document thank the Illinois Country Living magazine for from our own contributions to peacekeeping racism in America and to remind our nation of featuring Prairie Mills and the Society's efforts missions in Angola, Albania and Bosnia. the significance of the Brown versus the Board in its January 1999 edition. Among these are that preventing conflict is of Education, wake us from our collective The efforts they are making will last for gen- far easier than stopping it and that recre- slumber to experience the beauty of our erations to come. ating a status quo is a Gordian knot. We fear, however, that these lessons are being shared destiny. f f ignored. NATO’s potential to keep the peace THE VIEW FROM ROMANIA and to prevent ethnic cleansing before re- A TRIBUTE TO MR. NAT GLASS, sorting to war, was belated and half-hearted. HOLOCAUST SURVIVOR AND HON. DOUG BEREUTER We hope for more, and have watched with in- COMMUNITY VOLUNTEER creasing anxiety as air power is unleashed; OF NEBRASKA destroying without solving anything. IN THE HOUSE OF REPRESENTATIVES Regional capacities to reduce the potential for or intensity of conflict have been ig- HON. CARRIE P. MEEK Tuesday, May 18, 1999 OF FLORIDA nored. Romania’s participation in two costly U.N. embargoes against Iraq and Yugoslavia, IN THE HOUSE OF REPRESENTATIVES Mr. BEREUTER. Mr. Speaker, this Member commends to his colleagues an excellent arti- plus peacekeeping missions in Angola, Soma- Tuesday, May 18, 1999 cle which appeared in the Los Angeles Times lia, Albania and Bosnia exhibit Romania’s awareness of its role and willingness to sac- Mrs. Meek of Florida. Mr. Speaker, I rise on May 10, 1999, calling for NATO to halt the rifice for principles in which it believes. today to pay tribute to Mr. Nat Glass, a sur- bombing of Yugoslavia and to declare a Those qualities, however, elicited little in- vivor of the Holocaust in Poland and, today, a cease-fire, lest NATO become its own nem- terest in Brussels or Washington, where re- volunteer lecturer at the Holocaust Memorial in esis. sorting to force seemed preordained. E994 CONGRESSIONAL RECORD — Extensions of Remarks May 18, 1999 NATO appears to have changed into an or- equipped to face the challenges of a brand TRIBUTE TO SAM DAVIS ganization prone to use bombs in lieu of dip- new century. lomats. And, instead of using expansion to I hope that my colleagues will join me and address security needs in Europe’s most inse- HON. SANDER M. LEVIN cure regions—the Balkans and the Baltics, other central New Jerseyans in extending our OF MICHIGAN for example—NATO told such countries to congratulations to the people of Ocean Town- IN THE HOUSE OF REPRESENTATIVES ship and wishing them another successful one wait for security guarantees until war was at Tuesday, May 18, 1999 our doorstep. hundred fifty years. We think that many opportunities for me- Mr. LEVIN. Mr. Speaker, on May 20, 1999, diating roles have been lot. As the only f a Tribute Dinner will honor Sam Davis for his country bordering on the former Yugoslavia nearly 40 years as Executive Director of the without antagonistic relations with Bel- TRIBUTE TO JOHN CHIANG Michigan Association for Children with Emo- grade, Romanian NATO membership could tional Disorders. have increased the probability of successful negotiations with the Serbs. HON. HOWARD L. BERMAN As the main force for the founding and con- The denouement of Europe’s most recent OF CALIFORNIA tinuing efforts of the Association, Sam Davis Balkan was has yet to be scripted. From the became an indispensable advocate in Michi- IN THE HOUSE OF REPRESENTATIVES neighborhood, however, we can foresee a gan for mental health and for special edu- very discomfiting future: a broken but unre- Tuesday, May 18, 1999 cation programs for children with emotional pentant Serbian nationalism, a heavily problems. From the very beginning, he has armed Albanian nation seeking retribution, Mr. BERMAN. Mr. Speaker, I rise to pay tribute to John Chiang, a dear friend who this fostered grass roots activities on behalf of chil- an embittered Russia harboring imperial dren with special needs. In the early years, it memories now convinced of NATO’s antip- year is the recipient of the Legislator of the athy, and ample instability. Year Award from the San Fernando Valley was a difficult struggle as society was still To say we don’t look forward to such a Democratic Party. While I am naturally de- wrestling with denial rather than acknowledge- 21st-century environment is far too mild. We lighted that John has been selected to receive ment and treatment of mental problems, espe- are deeply troubled. We thought we were at this prestigious award, I can't say I'm sur- cially of our children. the gates of an alliance that would preserve prised. John is one of the most intelligent, With the help of Sam Davis' leadership and peace in our corner of Europe. And, we never, determination, there followed a period of never imagined that negotiations and peace- thoughtful and generous people I have ever had the pleasure to know. His wide circle of progress. There was a spurt of action, both in keeping efforts would be jettisoned to inau- the private and public sectors in Michigan. He gurate a war of such duration and intensity. friends and admirers can attest to his easy- But, a way out exists. NATO can declare going charm and strong feelings of empathy. served on many Boards and Committees, in- that it has inflicted sufficient punishment, The explanation for John's success in poli- cluding the Detroit-Wayne County Community and is prepared to contribute, but not nec- tics is simple; he works very hard, and he is Mental Health Services Board Advisory Com- essarily command, a peacekeeping force in true to himself. People who meet John invari- mittee on Children and Youth; Michigan De- part of Kosovo to which Albanian refugees partment of Mental Health Advisory Council on are returned and from which Serb army and ably want to become part of his team. John's award from the San Fernando Valley Mental Illness; and Chairperson of the Chil- police units are evacuated. Establishing the dren's Advisory Council of the Oakland County size and location of the two zones, and the Democratic Party is even more impressive Community Mental Health Board. He was also nature of the international force must be ne- when you consider that he was first elected to gotiated, but such diplomacy, not cruise mis- office only six months ago. In 1997, he was appointed to the Child Mental Health Study siles, are the path away from disaster. named Acting Member of the California State Group of the Michigan Department of Mental Romanians are prepared to fulfill useful Board of Equalization. He replaced Brad Sher- Health, the Child Care Study Committee, and roles along such a path. But, we must begin man, who was elected to Congress. the Special Education Advisory Committee of to travel down it soon lest NATO becomes its the Michigan Department of Education. John immersed himself in the difficult and own nemesis. In recent years the provision of mental politically unpopular job of administering tax f health services for our society has come policy in California. It says a lot about John under increased stress and uncertainty. So that his popularity has actually increased as CENTRAL NEW JERSEY CELE- Michigan will miss even more intensely the he has served in this particular post. In 1998, BRATES THE SESQUICENTEN- strong hand and agile mind of Sam Davis at John ran for election to a four-year term on NIAL OF OCEAN TOWNSHIP the helm of the Michigan Association. He the Board. He won handily in a difficult pri- leaves with a long record of accomplishment, mary, and then followed that with a smashing HON. RUSH D. HOLT and these successes stand as a challenge to victory in the general election. John is now OF NEW JERSEY Michigan to strive more fully where it has widely regarded as someone with a very bright failed. Sam Davis has devoted his life to the IN THE HOUSE OF REPRESENTATIVES future in politics. Tuesday, May 18, 1999 children of Michigan and as he leaves for John is a dedicated public servant, who has other pursuits, his career is a challenge to all Mr. HOLT. Mr. Speaker, I rise to direct the become involved with many distinguished or- who care to continue to do better by our chil- attention of my colleagues to the celebration ganizations and causes. He is a Board Mem- dren with mental health and special needs. of Ocean Township's sesquicentennial and the ber of Los Angeles Nonprofit Planning Coun- I am pleased to join with all of those who re-enactment of the historic first town meeting. cil, an Advisory Council Member of Big Sisters will join in honoring Sam Davis at the Tribute Created by enabling legislation on February of Los Angeles, and a volunteer attorney for Dinner on May 20, 1999. the Los Angeles County Bar Association Hos- 21, 1849, Ocean Township is a community lo- f cated in central New Jersey between the pice AIDS Project. John's many awards for mouth of the Shrewsbury South River and the community service include the Asian Pacific A UNIQUE PIECE OF AMERICANA river to Eatontown Landing Creek. The precise American Labor Alliance Community Service IS PRESERVED THANKS TO JUDY boundaries, however, were originally de- Award and the State Bar of California Board of DeMOISY AND THE BROOKS CAT- scribed in relation to farms and properties that Governors Pro Bono Service Award. SUP BOTTLE PRESERVATION no longer exist. In the past few months, I have been tremen- GROUP In honor of Ocean Township's founding and dously impressed by the strength of John, his its first town meeting on March 13, 1849, the brothers Robert and Roger, and his mother, HON. JOHN SHIMKUS Council sponsored festivities reminiscent of Judy, in coping with the loss of their beloved OF ILLINOIS sister and daughter, Joyce. Joyce served as that day a century and a half ago. The mayor IN THE HOUSE OF REPRESENTATIVES and council members dressed up in period an intern in my San Fernando Valley office, costumes while elementary and intermediate and was a member of my Washington staff Tuesday, May 18, 1999 students sang songs and recited accounts of from 1992±95. I know how much John and the Mr. SHIMKUS. Mr. Speaker, I would like to life in the mid-nineteenth century. rest of the Chiang family miss Joyce, who was take this time to alert my colleagues to per- Mr. Speaker, Ocean Township is just one of a very special young woman. haps one of the most monumental events to the historical treasures in central New Jersey I ask my colleagues to join me in saluting take place this year. that continues to thrive to this day. I know that John Chiang, whose selflessness and com- On June 13, 1999, my hometown of Collins- the people of the community, by observing passion inspire us all. I am proud to be his ville, Illinois will have a happy 50th birthday and respecting their history, will be well- friend. party for the Brooks Catsup Bottle that sits CONGRESSIONAL RECORD — Extensions of Remarks E995 170 feet above the community. The bottle was the past. But a free market in U.S. beef has a restaurant where people are smoking, how originally used as a water tower built by the not materialized. can you taste your food? Although you can G.S. Suppiger Bottling Company which pro- The U.S. cattle industry estimated that request a nonsmoking section for your seat- growers have lost export sales of about $500 ing, the harmful smoke from the smoking duced the Brooks Old Original Catsup. Built in million annually since 1989, when America section is still present in the air you are 1949, the bottle holds up to 100,000 gallons of began exporting only hormone-free beef to breathing. That air can cause cancer. A law water. Europe. banning smoking in all restaurants in Illi- After the bottling plant shut down, the bottle American cattle producers have suggested nois will make your meal more pleasant itself fell into disrepair. In 1993 a group of that the real problem is protectionism. Euro- while keeping you healthy. local preservationists began to raise funds pean countries want to insulate their beef Laws are very important. Laws protect us from harm, help us when in need, and pre- with the purpose of refurbishing and pre- producers from U.S. competition. There is also the possibility of scientific ignorance— serve our rights and freedoms as United serving the bottle for its 50th anniversary as States citizens. When citizens feel the need well as for future generations. More than observers have noted a general European hysteria over mad cow disease and geneti- for additional protection, laws are passed. 6,000 tee-shirts were sold to help raise money cally engineered foods such as Monsanto soy- Currently there is no law protecting people and thousands of volunteer hours were de- beans. Too often, fear has been allowed to completely from secondhand smoke in res- voted to preserving an essential element of trump science. taurants, yet, secondhand smoke is the third my community's heritage. American farmers and ranchers are espe- leading cause of preventable death in this country, killing 53,000 nonsmokers in the cially efficient. They have invested in re- Now there are hopes that we can get the U.S. each year. search and technology to keep themselves bottle placed on the National Register of His- We need a law banning smoking com- toric Places and that effort has my whole- competitive. If the beef trade barrier is al- pletely in all restaurants in Illinois. The cur- hearted support. lowed to stand, despite science and the WTO, rent Illinois law bans smoking in public this nation’s ability to sell its agricultural I commend the Catsup Bottle Preservation places except in designated smoking areas. It products overseas will become more vulner- says a smoking area should be designed to Group and Judy DeMoisy who manages able to illegal trade barriers, and its export Downtown Collinsville for their work in pre- minimize the intrusion of smoke into areas position could be severely damaged. where smoking is not permitted. Non- serving a unique piece of Americana. The European Union’s beef ban is irra- smoking sections do not eliminate non- f tional and improper. It risks a trade war smokers’ exposure to secondhand smoke, the that would harm people on both sides of the smoke does not remain in the smoking sec- LET THEM EAT BEEF Atlantic. European consumers should have tion. Secondhand smoke has been proven to the chance to decide for themselves the be a serious health risk. Even the Illinois worth and safety of the beef grown by Amer- General Assembly finds that tobacco smoke HON. DOUG BEREUTER ica’s farmers and ranchers. They will never OF NEBRASKA is annoying, harmful, and dangerous to get that chance unless their leaders bow to human beings and a hazard to public health. IN THE HOUSE OF REPRESENTATIVES the WTO and lift the beef ban. Secondhand smoke is a mixture of the Tuesday, May 18, 1999 f smoke given off by a cigarette, pipe, or cigar, and the smoke exhaled from the lungs of Mr. BEREUTER. Mr. Speaker, this Member 1998 SIXTH DISTRICT ESSAY smokers. The Environmental Protection commends to his colleagues an excellent edi- CONTEST WINNERS Agency has classified secondhand smoke a torial calling for an end to the European Group A Carcinogen—a substance known to Union's irrational and improper beef ban which cause cancer in humans. There is no safe appeared in the Omaha World-Herald, on May HON. HENRY J. HYDE level of exposure for Group A toxins. Nico- 12, 1999. OF ILLINOIS tine is not the only toxin nonsmokers are ex- IN THE HOUSE OF REPRESENTATIVES posed to in secondhand smoke. Smoke from [From the Omaha World-Herald, May 12, the burning end of a cigarette contains over 1999] Tuesday, May 18, 1999 4,000 chemicals and forty carcinogens includ- LET THEM EAT BEEF Mr. HYDE. Mr. Speaker, please permit me ing: formaldehyde, cyanide, arsenic, carbon A showdown between the United States to share with my colleagues the tremendous monoxide, methane, and benzene. and the European Union over beef exports Smoke-filled rooms can have up to six work of some diligent young men and women times the air pollution as a busy highway. ought to be unnecessary. The United States in my district. Second-hand smoke does not quickly clear has science and the World Trade Organiza- from a room. It takes about two weeks for tion at its side. European controls on U.S. Each year, my officeÐin cooperation with nicotine to clear from the air in a room beef exports have little relationship with junior and senior high schools in Northern Illi- where smoking has occurred. In addition to provable concerns. noisÐsponsors an essay writing contest. The being a carcinogen, second-had smoke causes For more than a decade, the European contest's board, chaired by my good friend irritation of the eye, nose, and throat. Pas- Union has banned the import of beef from Vivian Turner, a former principal of Blackhawk sive smoking can also irritate the lungs lead- animals that have been fed growth hor- Junior High School in Bensenville, Illinois, ing to coughing, excess phlegm, chest dis- mones. Such hormones are used in raising chooses a topic and judges the entries. Win- comfort, and reduced lung function espe- more than 90 percent of beef cattle in the ners of the contest share in more than $1,000 cially in children. Secondhand smoke may United States. Their use is an effective way in scholarship funds. effect the cardiovascular system, and some to make cattle grow faster and bigger. studies have linked exposure to secondhand The Food and Drug Administration has de- Today, I have the honor of naming for the smoke with the onset of chest pain. RECORD the winners of the 1998 contest. termined the substances safe. The World When smoking is banned in restaurants, Trade Organization rule in 1997 that the Eu- Last year, Peter Meyer led Mary, Seat of customers will not be exposed to secondhand ropean ban violated international trading Wisdom School in Park Ridge, Illinois, to a smoke. They will be able to eat without suf- agreements. The WTO said the ban was nei- junior high division sweep by winning with an fering from the irritation of smoke, increas- ther supported by science nor justified by essay titled, ``Ban Smoking in Restaurants,'' a ing their ability to enjoy their meal. Devel- any risk assessment. The WTO last year or- text of which I include in the RECORD. Placing oping children will have healthier lungs. dered the EU to abandon its policy by May Restaurants will no longer have to pay to op- 13, tomorrow. second last year in the junior high division was James Troken, followed in third place by Eva erate expensive ventilation systems and will A trade war looms unless the EU complies. be able to seat more people by not having to U.S. officials have threatened to retaliate Schiave, both of whom also attended Mary, maintain separate sections. People who find against European products if the ban, which Seat of Wisdom School. smoke offensive will not be doomed to eat in keeps most American beef out of EU coun- In the Senior High School Division, the first the fast-food restaurants that have banned tries, is not lifted. Officials said they would place award went to Julie Kostuj of Driscoll smoking. Smoke-free restaurants may dis- impose 100 percent tariffs on more than $900 Catholic High School in Addison for her essay, courage people from starting or continuing million worth of European products, possibly ``Freedom of the Press,'' a text of which I in- to smoke. including items such as mineral water, Bel- Smoking is already banned in most public gian chocolates and Roquefort cheese. That clude in the RECORD. Shahzan Akber of buildings. Current laws allowing a smoking could effectively price those products out of Blenbard North High School in Glen Ellyn took section in restaurants do not prevent expo- the U.S. market. the second place prize, and Nicole Beck of St. sure to secondhand smoke. People are invol- Trade policy-makers at the European Francis High School in Wheaton placed third. untarily exposed to smoke which is a car- Union have kept U.S. officials going around cinogen and a health hazard. Banning smok- BAN SMOKING IN RESTAURANTS in circles for a decade. The coalition has ing in restaurants will continue the effort to made superficial changes designed to give (By Peter Meyer) improve public health and reduce health the appearance of compliance with the WTO Did you know that most of your taste costs. Food in restaurants will taste better order. That has staved off trade sanctions in comes from your sense of smell? If you are in and eating will be more enjoyable. E996 CONGRESSIONAL RECORD — Extensions of Remarks May 18, 1999 FREEDOM OF THE PRESS that if they are rude to the press, the media the Chicago Tribune that describes what the (By Julie Kostrj) could easily destroy them. Ferataj family encountered when they reached Although, according to the United States Although the press is given freedom of Chicago. These documents give a very real, speech in the Constitution, I believe that the Constitution, everyone in America has the human face to the Crisis in Kosovo. right of free speech, I believe that in some rights of the individual precede the rights of ways the press abuses its right to free the press. When personal rights are being PRESENTATION BY TONY ELGINDY TO speech. The writers of the Constitution in- violated by the media, then the government CONGRESSIONAL TEACH-IN ON KOSOVO tended everyone to have a right to voice has to intervene. The American population I’d like to first apologize, having just got- their opinions without being prosecuted by should demand that more laws be passed to ten here in the States from Macedonia. I the law. Today, however, the press does more protect them from the injustices of the don’t have prior prepared remarks. I would than just profess their views. Publicists media. The press can be regulated by the like to thank everyone for having this oppor- often tell lies and proclaim them as facts. As government without violating a Constitu- tunity to share what I’ve seen, and to assist a strong influence in the lives of every Amer- tional right. Just as written in the Second me in trying to define some sort of forward ican, the media can easily sway public senti- Amendment to the Constitution, every indi- momentum here. ment and ruin the reputation of celebrities. vidual has a right to bear arms. However, for Upon my arrival in Skopje, Macedonia The media has a right to report facts. It is the protection of the majority of people, the which is approximately 23 km. south of the also acceptable to broadcast opinions as long government has limited the kinds of arms border, I saw my first camps. We went to the as it is made clear that what is printed or that civilians can own, and it is illegal to border, saw Serb activity on the border, and said is one’s own views and not a proven fact. carry a concealed weapon. With limits, talked to refugees. The press has the right to address social United States citizens are still allowed to It’s difficult to know from my standpoint grievances, but publicists must be informed bear arms. There is no reason why the gov- exactly where to start. I don’t know if it’s on the issues. It would cause much confusion ernment cannot regulate the freedom of with the random torture, the beatings, the in the public if a distinction was not made speech of the press without taking their Con- sadistic mutilation of women, their unsafe between truths and personal views. The pop- stitutional liberties away. enslavement, the taking of eyes of women ulation would never know what to believe, f and children, the cutting off of ears, the and there would be chaos. The media has burning alive of males, castration of young crossed the line when it uses misleading CRISIS IN KOSOVO (ITEM NO. 4) boys, I just don’t know where to start. propaganda or defames a celebrity. In one’s REMARKS BY TONY ELGINDY DI- What’s happening in Kosovo is a tragedy be- own home, around close family and friends, RECTOR OF RESEARCH & TRAD- yond anything you could ever watch on TV. There is no way for any of us to sit here it is acceptable to state whatever one wants. ING, PACIFIC EQUITY INVES- However, there is a difference between shar- today and understand what they are feeling, ing your views with a group of friends and TIGATIONS what they are seeing, or what they’ve en- printing your opinions in a newspaper or dured. You cannot smell it here, you cannot broadcasting them on national television. HON. DENNIS J. KUCINICH here it here. The Serbs are systematically burning evidence, destroying all traces of the Publicists should use prudence and common OF OHIO sense when determining what is acceptable atrocities, pulverizing ashes. There were to be read or hear by millions. The media IN THE HOUSE OF REPRESENTATIVES flashes in the sky at night when we were try- often does not realize its great power and the Tuesday, May 18, 1999 ing to sleep from the NATO bombing. All of trust that Americans have in the media. It is the relief workers that I met would be there detrimental to use this power without dis- Mr. KUCINICH. Mr. Speaker, on April 29, during the day and leave there in the cretion. Celebrities especially can have an 1999, I joined with Representative CYNTHIA A. evening, leaving the camps to the Macedo- injured reputation and be discriminated MCKINNEY and Representative MICHAEL E. nian police. The crying and the grief intensi- against by something the media declared CAPUANO to host the second in a series of fied at night. And I don’t know how anyone about them. Congressional Teach-In sessions on the Crisis could tolerate it. It is very difficult for the government to in Kosovo. If a peaceful resolution to this con- This is a Holocaust, undoubtedly. Holo- caust Number Two. I’m not a politician; I’m prevent abuses by the press without vio- flict is to be found in the coming weeks, it is lating a constitutional right. The govern- a trader. I work on Wall Street, been doing ment has passed laws outlawing libel, but essential that we cultivate a consciousness of it for 11 years. I deal with numbers. I’ve been libel is very hard to prove in court. The press peace and actively search for creative solu- fortunate enough to be able to help various can find a loophole in just about everything tions. We must construct a foundation for relief organizations in the United States that they print. The First Amendment basi- peace through negotiation, mediation, and di- with money donations, connections, support, cally gives the media the right to say any- plomacy. one of which is the Mother Teresa Founda- thing and assemble whenever it wants. Part of the dynamic of peace is a willing- tion in Skopje. So I can’t sit here and tell The press morally has an obligation to ness to engage in meaningful dialogue, to lis- you what the results will be and what it will be like if we didn’t bomb, or we stopped mili- print the truth, but the media more often ten to one another openly and to share our than not cares more about sales than ethics. tary action or we sent in ground troops or we As long as the American population con- views in a constructive manner. I hope that never sent in ground troops. All I can testify tinues to read these stories in the newspaper these Teach-In sessions will contribute to this is what I saw in my two weeks at the border or listen to them on the news, the problem process by providing a forum for Members of of Kosovo. will not stop. The general public has the lib- Congress and the public to explore alter- Right now in America our markets are at erty to buy what it wants. People should not natives to the bombing and options for a an all-time high. We are swimming in purchase newspapers and magazines in which peaceful resolution. We will hear from a vari- money. The Internet, Dow Jones, and there are articles in poor taste. The media ety of speakers on different sides of the NASDAQ markets capture our focus, our imagination. And—I say this without trying tailors to the public. The population should Kosovo situation. I will be introducing into the not be controlled by the media. The people of to offend anyone—our greed has blinded us this nation have a right to call for higher CONGRESSIONAL RECORD transcripts of their re- to what’s happening elsewhere. And it be- standards of workmanship. marks and essays that shed light on the many came apparent to me that somewhere down Individuals have a right to privacy that dimensions of the crisis. the line their lives don’t meet our standards the media should not invade. According to This presentation is by Tony Elgindy, Direc- for valuable commodities to protect. We are the Fifth Amendment to the Constitution, tor of Research & Trading for Pacific Equity remote control-happy. We click through our every citizen has the ‘‘right to life, liberty, Investigations. Mr. Elgindy is not a profes- channels one after another, and we all say and property.’’ People’s individual rights are sional aid worker. He is a dedicated and com- yes, that’s terrible and we go on to the next channel and we find a sitcom that we can sit often violated by the media. Journalists are mitted individual who has adopted a personal many times guilty of harassment. They can- down and watch for the rest of the evening. not take ‘‘no’’ for an answer. Some of the role in helping his fellow human beings who These people don’t have that luxury. The most tenacious journalists will go to great have been brutalized by this ongoing tragedy. cannot turn it off. They cannot switch chan- lengths to get a story. Reporters will tres- Mr. Elgindy shares his observations and expe- nels. pass on private property and harass people riences with us, speaking in graphic and mov- Of the 30 refugees [he is helping to evac- until they get what they want. ing detail. He was instrumental in bringing 30 uate to the U.S.], six of them are family I do not believe that celebrities are less en- refugees out of the Kosovo area to the United members—two close family members and titled to privacy than the general public. States, the first group of refugees to arrive in four distant family members—of another Every American is equal in the eyes of the U.S. citizen who accompanied me on the trip law. Celebrities do not have any less rights our country. Among these displaced families to find her family. The other 24 have no con- than the common resident. However, celeb- were Skefkije Ferataj and her 2 year old nections here in the U.S. It’s a very difficult rities do usually tolerate the media better daughter, Besarta. Both of them appeared at ordeal to obtain their visas, since the U.S. than the commoner because celebrities have this second Congressional Teach-In. Following Embassy when we arrived wasn’t allowing an image to worry about. Celebrities know his presentation in a May 1, 1999, article from any refugees to come. And I used whatever CONGRESSIONAL RECORD — Extensions of Remarks E997 resources I had in the financial markets to [From the Chicago Tribune, May 1, 1999] they need help. I am OK. But my people are contact the people—whatever little bit of in- TWO WHO FLED KOSOVO LAND IN CHICAGO not.’’ fluence I had—to have them appeal to the (By Julie Deardorff) During the grueling, emotional two-week Embassy. Well, we ended up using up all the She is only 2 years old, but Kosovo’s journey, Mehmetaj managed to locate a sec- fax paper and jammed the phone lines and we Besarta Ferataj has already seen more suf- ond sister, Sofije, who had trudged through prevailed in getting the very first 30 refu- fering than most will experience in a life- mountains, eaten snow and was living with gees’ visas approved. And a few of them are time. She has watched death and dismember- her family in an abandoned cigarette factory with us today. ment. She has been hungry and has gone in Skorg, Albania. The factory was crammed I don’t know if America could have learned without sleep. And she automatically says with refugees, and Sofije was located by a anything in Bosnia why it wasn’t applied ‘‘bomb’’ when she hears the word NATO or a friend who spent hours roaming through the here. We knew what the man was capable of loud noise. nine stories of the building, calling out her doing; we knew how brutal he was; we didn’t But Bersarta could be considered one of name. take into account the retribution he would the lucky ones from Kosovo. On Friday, she ‘‘I was so frightened for the first time in show the people of Kosovo. I don’t know if and her mother, Shefkije, quietly arrived at my life,’’ said Mehmetaj, who made the dan- we should have evacuated the country or Chicago’s Midway Airport, two of the first gerous eight-hour trip to Albania alone and been better prepared before we took aggres- refugees allowed into the United States from in the dead of night, against the wishes of sive steps. the Balkans. her husband. ‘‘When I found Sofije, I tried to Stepping off an AirTran flight from Wash- separate her family and take them away, but For us to allow him to stay in power, for us ington, D.C., in her new Teletubby shoes, there were only about 30 people left (alive) to idly sit by and let him continue, is also Besarta hugged a stuffed koala and stared at from her village and they didn’t want to be another matter for debate up here on Capitol the foreign surroundings. Shefkije, wiping apart. So I promised to help them too.’’ Hill, which is something that I have little tears of joy and disbelief from her eyes, Though she was unable to bring Sofije, her control over. However, I don’t know that we hugged family and friends and held her husband and their five children back to the can idly sit by and let a madman run around daughter tightly. In Shefkije’s purse were United States this time, Mehmetaj rented doing the things that I saw. Out of the 24 ref- precious six-month visas allowing them into two apartments for the family and other ugees that will be coming to the States in the U.S., marked No. 1 and No. 2 Kosovars from the village of Skorg. She also the next several days, there are 20 children Their arrival came before next week’s ex- bought them food and clothing. who are all children of three brothers. These pected wave of about 20,000 refugees spon- three brothers are all gone, and presumed ei- sored by relief organizations, and is due al- A third sister and her family are still miss- ther dead or missing in Kosovo. All three most entirely to the fierce, relentless drive ing. But Ferataj said the minute she finds mothers are missing and presumed dead in of Chicago beauty salon owner Ana Ferataj out where they are, she will be on the next Kosovo. The adults accompanying the chil- Mehmetaj, Shefkije’s older sister. plane to Greece. dren are the sister of the brothers who is in Mehmetaj left for the Balkans on her own ‘‘We were all scared for her safety—it was her late 60s, and the grandmother who was two weeks ago, in a desperate search for her highly risky, but she has her own mind, born in 1908, who is currently sleeping on a three sisters. Her childhood home in Istog thank God,’’ said Alenna Hiles, one of wooden pallet in the camps. So, for her to had already been burned to the ground. She Mehmetaj’s closest friends who greeted her have lived through World War I and World had no idea how to find all of them, let alone at Midway Airport. ‘‘It’s a miracle she made War II, Vietnam, Korea, and to be now facing transport them back. But she planned to this happen. She not only found them but the final years in a camp, are beyond any- stay until she did. got them back here before the refugee pro- thing I’ve ever seen or expected to encoun- ‘‘From the first day on, I knew I had to do gram was in place.’’ ter. something for my family because I know Most of the Kosovar refugees will begin ar- what Slobodan Milosevic is capable of,’’ said While we were there we did meet up with riving in Chicago, Detroit, Boston and New Mehmetaj, who came to the U.S. alone more several refugees—medical students, doctors, York—cities selected because they have sub- than 25 years ago, when she was just 17. lawyers. It’s interesting when you meet a stantial Albanian populations—as early as ‘‘When I was watching everything on tele- lawyer who talks about his practice and he’s Wednesday, according to a State Department vision, I felt if I didn’t do something for my wearing a suit and tie and he lives in a tent spokesman. The State Department has en- family I would never forgive myself. Now I and he’s in bare feet. He’s walking around in couraged people with relatives to assist in feel worse. I saw kids without eyes. I saw refugee resettlement. the mud without shoes because the Serb po- people taking clothes off the dead and cov- The second oldest of nine siblings, lice took his shoes. These people, aside from ering children. I say . . . I saw things you Mehmetaj owns the European Touch salon living in denial and shock, need help ever so should never see. I couldn’t sleep at night, and day spa in Dearborn Station, her seventh desperately. couldn’t eat. I felt so guilty. It’s so different salon, and drives a car with the license plate If everyone is captured today by the top from watching a war in the living room.’’ ‘‘KOSOV A M.’’ Friends and family describe story, which is the Columbine High School Remarkably, she found Shefkije and her as tough and fearless. tragedy, imagine that happening five times a Besarta at a friend’s home in Macedonia. day, every day, for five years. That’s what’s Days earlier, the two had been plucked out Most of her family has left Istog, the town happening in Kosovo. It’s that multiplied of Radusha, a refugee camp, thanks to where they were raised. Six months before 10,000 times. And for some reason we as money Mehmetaj supplied to pay off the the war, Mehmetaj convinced her mother, Americans have placed a value on an Amer- guards. Gjyle, to leave Kosovo and move in with a ican life higher than that of any other. It Their journey to the camp had been an or- brother in Switzerland. When Istog fell to could be because Americans are more photo- deal in itself. They traveled at night to avoid the Yugoslav army, more than 15,000 refu- genic, better groomed, live in nicer homes. Serbian patrols. Eventually, they made it to gees fled to Rozaje, Montenegro. Whatever it is, it’s not right. These people Macedonia. ‘‘Every time I talked to her on ‘‘(My mother) is very determined to get are as valuable as we are. And to discount the phone I thought it was the last,’’ what she wants,’’ said Mehmataj’s 20-year- them, or to shrug them off—as I read in the Mehmetaj said. ‘‘As soon as I arrived, we just old daughter, Linda. ‘‘Either way she was Wall Street Journal yesterday, that markets hugged and both started crying. She knew going to do it, whether the United States are up and doing well and apparently have she was safe.’’ was going to allow it or not.’’ shrugged off the Kosovo crisis—enrages me. Initially, Mehmetaj said, the U.S. Embassy Mehmetaj, Shefkije and Besarta arrived in in Macedonia would not issue visas for the New York on Wednesday and spent Thursday While we were there I met a medical stu- two because the official refugee program was dent, a female, 23 years old, who was in the in Washington, D.C., meeting with several not yet in place. But a friend, California senators and briefing politicians about the camp right next door to another camp. She commodities trader Tony Elgindy, worked knew where her family was: in the other situation in Kosovo. Friday, they were weary the Internet—contacting friends and politi- but overjoyed to be together. camp. Yet she was forced to stay in that cians, including Sen. Spencer Abraham (R- camp for 16 days. I gave her my video cam- Mich.), asking for help. About a week later, After stopping at the salon to see family era, my jacket, my backpack, and we smug- Mehmetaj received a call from the U.S. Em- members, they all returned to Mehmetaj’s gled her out of the camp. All we did was bassy. She said Pat Walsh, the head of con- South Loop condominium. There, Shefkije drive a few short miles to the next camp to sular services at the embassy, told her she gazed at the stunning view of Chicago from reunite her with her family which she hadn’t could take her sister and her niece back to the 25th floor. Both mother and child looked seen in over two months. But she’d been in the U.S. immediately, and several other curiously at all the things in Mehmetaj’s this camp for 16 days after finding out where Kosovar Albanians at a later date. apartment. her family was. The Macedonian police are Mehmetaj is also sponsoring a family of ‘‘We’re so happy for them to be here. in my opinion not helping the situation. four, paying for their transportation to the They’ll have everything they need from all They are pro-Serb for the most part. And the U.S., their housing and food. of us,’’ said brother Rich Ferataj, 37, who U.S. needs to take as big a role in the hu- ‘‘It’s still a dream,’’ said Shefkije. ‘‘I feel also owns a salon and lives in Oak Lawn. ‘‘I manitarian side of things as they have in the happy, but I also feel so bad when I think of think for now we’ll just try to laugh and talk military. my people in Kosovo. They need clothes; about old times.’’ E998 CONGRESSIONAL RECORD — Extensions of Remarks May 18, 1999 FOUNTAIN CITY POLICE CHIEF nian people. They are songs about the beauty ‘‘AN S.O.S. FROM TAIWAN’’ JEFF LIEBERMAN HONORED: of the homeland, (Armenia) and of the people, MARCH 1999 NATIONAL POLICE the strength of the Armenian character, and HON. TOM DeLAY OFFICER OF THE MONTH the nostalgia of what once was with the hope OF TEXAS that it can be reclaimed. IN THE HOUSE OF REPRESENTATIVES HON. RON KIND At no other time in the modern-day Arme- Tuesday, May 18, 1999 nian experience has one performer captured OF WISCONSIN Mr. DELAY. Mr. Speaker, I rise today to in- so much attention in such a short period of IN THE HOUSE OF REPRESENTATIVES troduce a very important piece of legislation time. Sold out concerts in Armenia launched Tuesday, May 18, 1999 together with Representatives ANDREWS, GIL- the 29-year-old's career. Nune has performed MAN, DEUTSCH, ROHRABACHER, WU, COX, JEF- Mr. KIND. Mr. Speaker, today I rise to pay for Armenian troops near the Azeri border, FERSON, DIAZ-BALART, LOWEY, CHRIS SMITH, tribute to Jeff Lieberman, Police Chief in Foun- and in Yerevan, Lebanon, Syria and Cyprus. HUNTER URTON OOK AVE ELDON tain City, Wisconsin. Chief Lieberman was , B , C , and D W . Nune's near-instant stardom led her to Cali- This bill gives Taiwan a fighting chance to honored recently by the National Law Enforce- fornia where she performed for mobs of fans. defend itself from a potential Chinese inva- ment Officers Memorial Fund as the National She also appeared at an A.Y.F. picnic, at sion. The Taiwan Security Enhancement Act Police Officer of the Month. Chief Lieberman schools, and in record stores. Nune has pro- we are introducing today also stabilizes Tai- is the first and only small-town law officer ever duced two CDS and several innovative music wan by strengthening U.S.-Taiwanese co- to receive this honor. videos. She was the only vocalist invited to operation. Chief Lieberman was chosen for this honor participate in a 20-hour live broadcast com- The Far East is no less pressing than the because of his dedication to children, his phe- memorating the tenth anniversary of the De- Middle East or Eastern Europe, where we are nomenal 99 percent conviction rate and his cember 7, 1988 Armenian earthquake. Adding heavily involved now. Stability of the entire close ties to his community. At Fountain City, to this impressive reÂsume Nune's two Anoush Asian region is predicated on a balance of Chief Lieberman established the Police Awards granted to her at the Armenian Music power that keeps China in check. Awareness and Learning Safety (PALS) pro- Awards in October, one for ``most popular The May 24, 1999, issue of Defense News gram. The PALS program gives children at the album'' and the other for ``best female vocal- reports that China could be planning a new Cochrane-Fountain City elementary school the ist.'' round of military exercises and missile tests opportunity to know and interact with a police Mr. Speaker, I rise today to recognize Ms. across the Taiwan Strait in response to Amer- officer. PALS is designed to provide children Nune Yesayan for doing her part to rejuvenate ican bombing of the Chinese Embassy in Bel- with knowledge, skills and attitudes regarding the ``Armenian soul'' and bridge generational grade. their personal safety, placing emphasis on de- and cultural gaps, bringing families and Typically, no U.S. action has been under- cision-making and the choices they make in strangers together with her music. Nune re- taken in the past to discourage these move- their lives. cently played at a concert in Fresno, in my ments because the Administration's Taiwan Chief Lieberman's commitment to his com- district, at the Armenian Community Center. I policy has been missing-in-action for years. munity, and especially the children, makes him urge my colleagues to join me in wishing Habitual appeasement of China has grown a model police officer and truly deserving of Nune many years of continued success. into an addiction that now seriously threatens this recognition. As this nation struggles with global security. problems of violence in our schools and our f Despite President Clinton's claim a few communities, Chief Lieberman is pro-actively weeks ago that the People's Republic is not a working to prevent problems from developing. WESLEY CHAPEL AFRICAN METH- threat, Chinese intentions to the contrary are We need more police officers like Chief Jeff ODIST EPISCOPAL CHURCH CELE- clear. They have been saber rattling for years. Lieberman. BRATES ITS 134th ANNIVERSARY A clear message was sent when China fired The people of Fountain City are fortunate to missile tests off the coast of Taiwan in 1995 have an outstanding public servant in Chief HON. JOHN SHIMKUS and 1996. Since then, a massive Chinese mis- Lieberman. I commend Jeff, his wife Kim and sile and military logistical buildup across the OF ILLINOIS daughter Paige, for their love and dedication Taiwan Straits has served as a constant to western Wisconsin and I congratulate Jeff IN THE HOUSE OF REPRESENTATIVES threat. Waiting for the next shoe to fall before on this honor. Tuesday, May 18, 1999 acting would be a costly mistake. The image of Red Army tanks rolling into f Mr. SHIMKUS. Mr. Speaker, I would like to Hong Kong should not be forgotten. Neither TRIBUTE TO NUNE YESAYAN take this time to honor the Wesley Chapel Af- should the threat by a high-ranking Chinese rican Methodist Episcopal Church of general to nuke Los Angeles if we interfere in HON. GEORGE RADANOVICH Edwardsville, Illinois upon its 134th anniver- Taiwan. sary. Adding legitimacy to these loose lips, the OF CALIFORNIA On May 6th, the Wesley Chapel held spe- Chinese military held practice missile attack IN THE HOUSE OF REPRESENTATIVES cial services to celebrate its 134th anniver- exercises against mock U.S. troops just six Tuesday, May 18, 1999 sary, specifically video taping the proceedings months ago. Mr. RADANOVICH. Mr. Speaker, I rise for those members of the church who were Ever since the annexation of Hong Kong today to recognize Ms. Nune Yesayan for her unable to participate due to age or other rea- and Macau, consuming Taiwan has become a outstanding musical talent. Nune is considered sons. The celebation featured reflections of pressing goal for the expansionist communist to be a ``modern-day minstrel'' from Armenia, the church and its members and featured government in Beijing. An ounce of prevention who herself has survived a traumatic personal statements about the church and its impact now will save a ton of band-aid cures after- history, but has emerged to breathe a new life from the oldest member, 98 year-old Alma the-fact. There will be no way to oust the Chi- nese should they ever take Taiwan. of hope and beauty into the present day Ar- Jackson to 12 year-old Terry Bradshaw who The Taiwanese are not asking us to send menian experience. represented the youngest members of the church. troops. Nune has been called the ``Armenian Ma- They are not asking us to bomb other sov- Wesley Chapel was founded on the banks donna,'' however, love for her music and its ereign nations. message spans generations and cultures. Her of Cahokia Creek at the end of the Civil War. They simply need strategic military advice, extraordinary, emotion-provoking voice, remi- It has been at its current location at 418 technological expertise and access to pur- niscent of one who has gained life-lessons Aldrup since 1881 and is currently preparing chase appropriate American defense systems from a long and tiring journey, and her use of for the possibility of a new church. so they can defend themselves. United States ancient instruments appeals to a wide dy- My congratulations go out to Pastor Dwight policy must bolster the independence of this namic of fans, from ``hip'' Generation Xers to Bell and Joyce Hariston and Jessie Brown little nation. Baby Boomers, and from lovers of traditional who served as co-chairs of the anniversary A few reasonable measures of cooperation music to those with more ``eccentric'' music committee as well as the entire congregation would go a long way for the island's defense. tastes. It is her message, however, drawing at the Wesley Chapel African Methodist Epis- For example, the United States should sell Armenians world-wide, which provokes a con- copal Church. diesel submarines to Taiwan, which is out- nection to ``home,'' and delivers truths about The commitment to and love of faith will numbered in the seas 65 to 4 by the main- the identity, language and culture of the Arme- make a difference for generations to come. land's forces. CONGRESSIONAL RECORD — Extensions of Remarks E999 Likewise, there is a dire need for air de- Mr. Speaker, Bill Kennoy has contributed a TECHNOLOGY TRANSFER COMMER- fense that could be rectified by the sale of great deal to this Nation, but I would like to CIALIZATION ACT WOULD ELIMI- American-made AIM 120 missiles, long-range highlight one of his accomplishments that I am NATE PUBLIC INTEREST PRO- radar and satellite warning data. especially proud of. William Kennoy founded TECTIONS ON LICENSING OF IN- Enhanced military exchanges would forge a the ``Weekend Academy'' for inner-city youth VENTIONS RESULTING FROM cohesive defense plan between our nations. TAXPAYER-FUNDED RESEARCH But, acquiescing to pressure from Beijing, in Knoxville, Chattanooga, Memphis, and the Clinton Administration refuses to sell these Nashville, Tennessee. The Weekend Academy is a mentoring program that encourages youth HON. DENNIS J. KUCINICH systems and take these steps despite a mas- OF OHIO sive Chinese military buildup. to pursue careers in business districts near IN THE HOUSE OF REPRESENTATIVES The Defense Intelligence Agency reports their homes. I believe this says a tremendous Tuesday, May 18, 1999 that the People's Liberation Army is currently amount about Bill Kennoy. deploying approximately 650 new short-range Mr. KUCINICH. Mr. Speaker, on May 11, Mr. Speaker, I know that I join with all missile systems directly across the straits. 1999, the House of Representatives approved There are 150 such missiles aimed at Taiwan Americans in thanking William Kennoy for his H.R. 209, the Technology Transfer Commer- already in addition to fevered construction of service to our Nation over the past eight cialization Act, by a voice vote after it was new fighter planes, warships and subs. years. I have included a copy of an editorial placed on the Suspension Calendar. Further Under the Taiwan Relations Act, the United written in the Knoxville News-Sentinel hon- analysis of this measure indicates that its fun- States committed to providing a defense capa- oring William Kennoy that I would like to call damental thrust is to water down or eliminate bility to Taiwan based upon their defense to the attention of my fellow members and a range of public interest protections that cur- needs. The need is pressingÐthe time to act other readers of the RECORD. rently are in effect. If enacted in its current on this promise is now. form, H.R. 209Ðand its companion bill, S. Appealing to the chivalrous instincts of [From the Knoxville News-Sentinel, May 18, 804, currently being considered by the other Americans, the Clinton Administration plants 1999] bodyÐwould allow the government to act be- hind the scenes, with little public oversight, to troops all over the world under the guise of SERVICE RENDERED defending the proverbial little guy from aggres- grant exclusive licenses to firms that wish to sive bully nations. The Tennessee Valley Authority will say commercialize products that have been devel- Supposedly, that is what we are doing in the good-bye to one of its three board members oped through taxpayer-funded research. BalkansÐbut bombs flying on Belgrade do not today, and all in the valley should pause for These provisions do not serve the public inter- erase American responsibility elsewhere. The a salute to William Kennoy. est. Congress needs to take a closer look at Taiwan Security Enhancement Act honors our A Republican nominated to the TVA board the implications of H.R. 209 and S. 804. The commitment to stability in Taiwan by increas- by President Bush, Kennoy ends his eight- following analysis explains the problems with ing cooperation between U.S. and Taiwanese year term and will return to private life and the bill in detail. militaries, and increasing sales of defensive his chosen profession of engineering. ANALYSIS OF TECHNOLOGY TRANSFER COMMER- technology and weaponry while prohibiting re- His departure will leave the board with CIALIZATION ACT (H.R. 209) BY CONSUMER ductions in arms sales. only one member until two replacements are PROJECT ON TECHNOLOGY Mr. Speaker, American prestige is not only appointed. That was a situation in which (By James Love) on the line in the Balkans. We must honor our Kennoy found himself in 1993, the year cur- 1. THE LEGISLATION REDUCES COMPETITION. commitments in the Taiwan Strait. I urge all of rent chairman Craven Crowell and recently Both H.R. 209 and S. 804 eliminate the stat- my colleagues to support the Taiwan Security departed member Johnny Hayes were ap- utory requirements in 35 U.S.C. 209(c)(1)(b) that before using an exclusive license, an Enhancement Act. pointed to the board. f agency make a finding that: ‘‘the desired Kennoy’s relationship with the federal practical application has not been achieved, THANKS TO WILLIAM ‘‘BILL’’ utility he later would help manage began or is not likely expeditiously to be achieved, KENNOY long before his appointment to the board. under any nonexclusive license which has Kennoy’s father was a TVA engineer working been granted, or which may be granted, on on the Guntersville Dam in north Alabama. the invention;’’ HON. JOHN J. DUNCAN, JR. This is an important change in existing Kennoy said his appointment was ‘‘an oppor- OF TENNESSEE law. It is currently illegal to use an exclu- tunity to pay TVA back for what it has done IN THE HOUSE OF REPRESENTATIVES sive license if development is likely to be ex- for me.’’ peditiously achieved with a non-exclusive li- Tuesday, May 18, 1999 It speaks well for Kennoy that he regards cense. However, under the new bills, this will Mr. DUNCAN. Mr. Speaker, today, the Ten- as his signal accomplishment at TVA the change, and it will be possible to use an ex- nessee Valley Authority is losing a great lead- launching of ‘‘Weekend Academy,’’ a men- clusive license merely by meeting the much lesser requirement that ‘‘granting the li- er. After a successful eight-year term on the toring program for children living near cense is a reasonable and necessary incentive TVA Board, William ``Bill'' Kennoy is stepping downtown in Knoxville, Chattanooga, Nash- to . . . promote the invention’s utilization down. ville and Memphis. The program attempts to by the public.’’ The consequence of this Bill Kennoy was appointed to the TVA help inner-city children achieve success and change will be fewer non-exclusive licenses, Board by President George Bush and was encourage them to pursue careers in business less competition, and more monopolies on sworn in on May 31, 1991. Over the past eight districts near their homes. taxpayer owned inventions. years, William Kennoy has contributed a great Kennoy also cites among his accomplish- 2. THE PUBLIC’S RIGHTS TO NOTICE AND COM- deal to the citizens of the Tennessee Valley. ments the refinancing of TVA’s $3.2 billion MENT ON EXCLUSIVE LICENSING OF GOVERN- His competent leadership helped to secure the debt, improving agency contracts and pre- MENT INVENTIONS IS VASTLY REDUCED refinancing of TVA's $3.2 billion debt. Addi- serving the Land Between the Lakes Recre- H.R. 209 and S. 804 both gut public notice provisions for exclusive license agreements tionally, he was instrumental in preserving the ation Area. Land Between the Lakes Recreational Area. from government owned inventions. Under All who know Bill Kennoy agree that he is Kennoy’s deliberate, calm style that led existing law, agencies are normally expected him to work out disagreements behind the a compassionate leader who has served the to provide 90 days notice that the invention scenes instead of allowing meetings to de- is available to the public for licensing, fol- public well over his term as a TVA Director. generate into unnecessary bickering might lowed by 60 days notice with an opportunity He is the longest-serving member of TVA's well be another accomplishment. This trait to file objections for proposals to provide an current Board of Directors. Bill Kennoy even drew praise from a former board member, exclusive license to a particular party. [See: led TVA during transition period between the 37CFR404.7(a)(1)] U.S. Rep. Bob Clement, a Nashville Demo- S. 804 and H.R. 209 reduce notice require- previous and current Boards. crat: ‘‘You don’t see him raise his voice. Bill Before coming to TVA, Bill Kennoy led ments to ‘‘in an appropriate manner at least is very smart, deliberate and compas- Kennoy Engineers, Inc., an environmental firm 15 days before the license is granted.’’ Ac- sionate.’’ cording to the House Report on H.R. 209, this in Lexington, Kentucky. He brought over 25 eliminates also the need to provide notice in years of experience to the Board as a profes- Clearly TVA is better for Kennoy’s leader- ship. As Kennoy steps down today, we thank the Federal Register. S. 804 and H.R. 209 ex- sional engineer and business executive. In empt even this modest requirement for ‘‘li- him for his service on TVA’s board and wish fact, he will now return to private life and censing of inventions made under a coopera- again be involved in the engineering business. him the best for the future. tive research and development agreement E1000 CONGRESSIONAL RECORD — Extensions of Remarks May 18, 1999 (CRADA) entered into under section 12 of the are seeking to obtain basic economic infor- recognize their true concern and compassion Stevenson-Wydler Technology Innovation mation, such as the royalty rates paid on the for the innocent children in Kosovo. Act of 1980 (15 U.S.C. 3710a).’’ licenses, the amount of sales of the products, The story of Sadako and the Thousand The change virtually eliminates the prac- or the amount of money the company will Paper Cranes, by Eleanor Coerr, is a story of tical rights of the public to raise objections spend on subsequent development of the gov- to the use of an exclusive license or to even ernment invention. These are not trivial dis- strength and courage of one young child diag- question the terms of the license (including putes. Bristol-Myers Squibb claimed to have nosed with leukemia after being exposed to the scope of the exclusivity). spent $114 million to develop Taxol, but sub- radiation from the atomic bomb dropped on 3. THE INCREASED SECRECY ON LICENSES UNDER- sequent data placed the BMS contributions Hiroshima, Japan on August 6, 1945. Sadako MINES THE PUBLIC’S RIGHTS AND REDUCES AC- at less than $10 million prior to FDA ap- tried to make 1,000 paper cranes, which ac- COUNTABILITY proval of the drug. The decision by the NIH cording to legend, would bring her long life. There are a number of current cases where to grant BMS exclusive rights to two ‘‘treat- The students of Lakeshore Elementary School the public is seeking information about gov- ment regime’’ patents on doses of Taxol ex- gathered together on May 10, 1999, after ernment licenses, including such items as tended the Taxol monopoly at least 30 months, costing consumers and taxpayers watching a movie about Sadako and success- the royalties or other considerations paid for fully made 1,000 paper cranes in honor of the the license, the revenues from the invention, $1.27 billion, according to one study (Richard information about the availability of the in- P. Rozek, Costs to the U.S. Health Care Sys- children in Kosovo. Through their dedication in vention to the public, or justification for tem of Extending Marketing Exclusivity for making these 1,000 paper cranes, the stu- prices charged consumers. Taxol, N.E.R.A., Washington, DC, March dents in my district have become active par- H.R. 209 modifies existing statutory lan- 1997). ticipants in the international community. They guage to require that such information be se- The current controversy with ddI, a US have become messengers of peace and have cret from the public. Language in 35 U.S.C. government patented AIDS drug, illustrates some of these problems. The Bush Adminis- shown the importance of supporting the chil- section 209 that says that information ‘‘may dren of Kosovo during this time of difficulty. be treated by a federal agency as . . . privi- tration granted Bristol-Myers 10 years of ex- leged and confidential and not subject to dis- clusivity on ddI, beginning 1989. Patient I hope to visit the Balkan region in the near closure under’’ the freedom of information groups are trying to determine when or if future and personally deliver some of these act, is changed to say that such information Bristol-Myers will seek to extend the exclu- special paper cranes and inform some of the ‘‘shall be treated as privileged and confiden- sivity on the patent. The pricing of ddI is children of Kosovo that there are children in tial. . . .’’ NIH licensing officials claim the considered highly suspect by AIDS patients. the United States who are concerned about change from ‘‘may’’ to ‘‘shall’’ will make a Patient advocates would like to find out their fate. On behalf of the students of Lake- much broader amount of information secret, when such a patent extension is proposed, shore Elementary School, I will be able to and to insist on public disclosures of reve- including even basic information such as the offer the children of Kosovo these paper amount of money received by the govern- nues and development costs, to determine if ment as payment for use of a patent. Indeed, the exclusivity should be continued. Like all cranes as symbols of courage and long life. I in section 10 of H.R. 209, federal agencies are AIDS drugs, ddI is expensive, both for con- salute the Lakeshore Elementary School stu- not even permitted to report statistical in- sumers and for taxpayers who fund care for dents, faculty and staff including Dr. Mary formation on royalties received for licenses, many AIDS patients. Competition is ex- Seitz, and Lucianne Boardman for inspiring if ‘‘such information would reveal the pected to lead to significant decreases in peace and understanding throughout the amount of royalty income associated with an prices. Under HR 209, the extension of the world. patent exclusivity could easily be done be- individual license or licensee.’’ f This is truly adding insult to injury. Not fore patients could even find out about the only will the public be denied a practical op- proposed extension. Indeed, this may have TRIBUTE TO KARL F. BAUMANN portunity to stop an agency from giving an already happened, due to the difficulty in exclusive license on a government owned monitoring such license extensions, and the patent or to effectively challenge the terms unwillingness of the NIH to make it easier to HON. GEORGE RADANOVICH of the patent—taxpayers will not even be monitor these issues or even answer ques- OF CALIFORNIA permitted to know what the terms are! tions about the licenses. But by reducing the IN THE HOUSE OF REPRESENTATIVES notice requirements to 15 days, the public 4. PROBLEMS IN LICENSING OF FEDERALLY Tuesday, May 18, 1999 FUNDED INVENTIONS. will have no rights. In some cases, NIH funded inventions are There are currently significant disputes re- Mr. RADANOVICH. Mr. Speaker, I rise priced at more than $100,000 per year. It garding the use of exclusive licenses for a today to recognize Mr. Karl F. Baumann for won’t be long before we see prices higher wide range of government funded inventions, than $1 million per year per patient for some his outstanding dedication to the growth of including inventions in the areas of software, drugs. How can the US government justify Mariposa County. Karl was a ``strong and computing equipment, biotechnology and issuing exclusive licenses for life and death commanding'' man who had a vision to de- medicines. therapies, without giving the public the Regarding the areas of licensing of govern- velop the barren acres of Cathey's Valley into right to speak, or to even find out what the ment funded medical inventions. The exist- a town successful in both business and com- terms of the license are? And why do policy ence of public notice permits consumers or munity. makers permit drug companies to make ludi- potential competitors to object to the use or Karl ventured into Cathey's Valley from crous and clearly false public statements re- scope of exclusive licensing. For example, Southern California 16 years ago when he garding the costs of bringing US government when Bristol-Myers (Squibb) sought an ex- pharmaceutical inventions to market, and purchased an 800-acre ranch. It was then that tension of its exclusive license to cis-platin, then make all data on the real costs a state Karl had a vision to develop this ranch into a cancer drug developed at taxpayer expense, secret? something more. To fulfill his vision of a sound Adria Laboratories, Stuart Pharmaceuticals, If the purpose of HR 209 or S. 804 is to and safe community, Karl subdivided his ranch American Cyanamide, Elkins-Sinn and make it easier to get exclusive rights on gov- Andrulis Research objected to the proposed and built The Whispering Oaks Estates, cur- ernment property, the legislation succeeds. extension, arguing that the public interest rently home to many Mariposans. The next If the purpose is to protect the public’s would be served by non-exclusive licensing. project that Karl embarked upon led to the rights in taxpayer property, the legislation Andrulis suggested non-exclusive licensing creation of the Cathey's Valley business park. fails. We think the second issue is the one be coupled with higher royalties to fund can- that needs greater attention by our elected Since then, the business park has contributed cer research. As a result of the public com- members of Congress. greatly to the economy of Cathey's Valley and ments, Bristol-Myers offered to lower the Mariposa County. f price of cis-platin by 30 percent and fund $35 Karl's leadership was also noted by his million in extramural cancer research, in re- turn for the extension of the license. HONORING THE STUDENTS OF membership in the #98 Masonic Lodge in More recently there has been considerable LAKESHORE ELEMENTARY Hornitos, the Mariposa County Board of Real- controversy over Bristol-Myers Squibb’s li- SCHOOL tors, and as owner of the Cathey's Valley Re- censing of government data and patents re- alty and Development. Karl has been credited lating to the cancer drug Taxol and the HIV for the amazing growth of Cathey's Valley by drug ddI, as well as Bristol-Myers policies re- HON. RON KIND OF WISCONSIN many of his colleagues and friends. garding pricing of d4T, another government Mr. Speaker, it is with great honor that I rise funded HIV drug. Also, public health groups IN THE HOUSE OF REPRESENTATIVES today to recognize Mr. Karl F. Baumann for who are interested in malaria are concerned Tuesday, May 18, 1999 about efforts by SmithKline Beecham to ob- his leadership and strength in paving the way tain exclusive rights to new malaria drugs Mr. KIND. Mr. Speaker, I rise today to pay for a successful community to grow and flour- invented by the US Army and Navy. In many tribute to the students of Lakeshore Elemen- ish. His contribution to the San Joaquin Valley of these controversies, public health groups tary School in Eau Claire, Wisconsin. I want to is incomparable. I urge my colleagues to join CONGRESSIONAL RECORD — Extensions of Remarks E1001 me in wishing the Baumann family and ligence personnel and the Supreme Court HONORING CHABAD OF THE FIVE Cathey's Valley continued success for the held that such disclosures are not protected TOWNS ON THEIR SECOND AN- years to come. under the First Amendment. NUAL DINNER TO ‘‘CELEBRATE The amendment also addresses the absurd- f ity in the law that allows people to obtain THE DREAM’’ A TRIBUTE TO DUANE information about former U.S. intelligence activities under the Freedom of Information ROHMALLER HON. CAROLYN McCARTHY Act, but does not prohibit people from turn- OF NEW YORK ing around and identifying intelligence HON. JOHN SHIMKUS agents who have retired. IN THE HOUSE OF REPRESENTATIVES To address this shortcoming, the amend- OF ILLINOIS Tuesday, May 18, 1999 ment expands the law to include former cov- IN THE HOUSE OF REPRESENTATIVES ert agents under its protections because Mrs. MCCARTHY of New York. Mr. Speak- Tuesday, May 18, 1999 identifying former agents, their activities er, I rise today to honor Chabad of the Five and locations not only compromises on-going Towns on the occasion of its Second Annual Mr. SHIMKUS. Mr. Speaker, I would like to intelligence efforts, but exposes the former Dinner to ``Celebrate the Dream,'' on May take this time to honor Duane Rohmaller of agents and their families to danger and re- 25th, 1999 and their honorees Mr. and Mrs. Christ Lutheran Church and School in Costa taliation from our nation’s adversaries. Simon Eisdorfer, Mr. and Mrs. Jeffrey Mark, Any individual who has served our country Mesa, California upon the announcement of Dr. and Mrs. Stanley Nussbaum and Dr. and his retirement following forty-one years as a at considerable risk to themselves and their families deserves all the protection we can Mrs. Justin Cohen. valued Lutheran educator, administrator and I would also like to pay tribute to their spir- friend. provide under the law—not only while they serve, but when they retire as well. In this itual leader, Rabbi Shneur Wolowik, who guid- Mr. Rohmaller's friends and admirers are day of vicious, global terrorism, exposing ance, dedication, compassion and spirituality planning a weekend celebration to honor his current or former intelligence agents should has helped Charbad of the Five Towns reach many contributions to our children, our com- be subject to severe and mandatory criminal this milestone. munities, our faith and our future. penalties. Chabad of the Five Towns opened its doors I know Mr. Rohmaller best from his service The amendment does that and I urge mem- bers to vote for it. four years ago with the mission of translating as my eighth grade teacher at Holy Cross Lu- deeply-rooted Jewish concepts into a practical theran School in Collinsville, Illinois. When I f foundation of life, just as the Chabad reflect on all that he taught me, I am reminded Jubavitch movement has done for over two of Proverbs 22:6 ``Train up a child in the way TRIBUTE TO RUSSELL ‘‘RUSTY’’ BERRY centuries. he should go: and when he is old, he will not Chabad reaches out to fellow Jews on a depart from it.'' global scale with over 2,300 centers world- Thank you Mr. Rohmaller for your teach- HON. MARION BERRY wide. In the Five Towns, they have helped ings, your values, your commitment and your OF ARKANSAS hundreds of families both spiritually and mate- love of our faith. Your life's work will continue IN THE HOUSE OF REPRESENTATIVES rially, whether it be a new immigrant, someone to make a difference for generations to come. Tuesday, May 18, 1999 in need, a youth in trouble, or a family or indi- f Mr. BERRY. Mr. Speaker, I rise today to vidual who wants to learn more about their PENALTIES FOR EXPOSING THE recognize a great Arkansan and great Amer- heritage, Chabad is there to help. In addition, IDENTITIES OF INTELLIGENCE ican. they believe Judaism should be celebrated AGENTS He is my wonderful brother Russell (Rusty) with joy, excitement, and enthusiasm, whether Berry. Rusty was the last of four children born it be a holiday celebration, a Passover Seder, to Eleanor and Lloyd Berry in the Bayou Meto a Shabbaton Dinner, a family barbecue, or an HON. TOM DeLAY community of Arkansas County, Arkansas. outing. OF TEXAS They would be filled with pride to see him Most importantly, Chabad sees its children IN THE HOUSE OF REPRESENTATIVES today, successful and responsible. as proud Americans, knowledgeable of our Tuesday, May 18, 1999 Since he was ten years younger than his country's rich history and democratic ideals, siblings the opportunity to be spoiled was Mr. DELAY. Mr. Speaker, I insert the fol- and is pleased with the special relationship great. He managed to overcome the influence lowing speech for the CONGRESSIONAL between Israel and the United States. of his siblings to become an accomplished at- RECORD. I commend Chabad for its philosophy of in- torney and stepfather. clusion and acceptance, treating every human MANDATORY PENALTIES FOR EXPOSING THE The loss of both parents before he finished being as special and worthy, deserving of at- IDENTITIES OF U.S. INTELLIGENCE AGENTS high school presented a situation that could tention and support, regardless of their reli- Mr. Speaker, I commend Congressman have been quite negative, but because of gious affiliation or background. It is this em- Sweeney for bringing this subject to our at- strong character passed on to him from our bracing of all, without expecting anything in re- tention. The nation is being confronted wonderful parents, he managed to success- every day it seems with graver and more turn, that has given impetus to the impressive alarming revelations about breaches of our fully negotiate the treacherous waters of the growth of the Chabad of the Five Towns. After national security at our weapons labs and seventies. only four years, they are now ``Celebrating the other facilities. It should not be overlooked As a country lawyer he continues to serve Dream'' of a beautiful new expanded facility in that it was due in large part to the efforts of all the people with great skill and not just the which they can continue to serve the commu- our intelligence agents that these breaches ones that can pay. He is a credit to his profes- nity. I wish to thank them for their tireless ef- were first suspected and then subsequently sion, community, and family. forts and outstanding contributions that have investigated by the FBI and others. He is one of the Berry Brothers. This means bettered the lives of so many. So, it is appropriate at this time to in- that he is always there when needed and crease the protection for both current and never questions the need. It also means he f former covert intelligence officers around has shared many pleasurable days in the field the world by increasing the criminal pen- INTRODUCTION OF H.R. 1789 alties for those who willfully divulge their or woods with these same brothers. identities to the world. Anyone who delib- He is admired and loved by his nieces and erately puts American agents’ lives, those of nephews along with his step children. Uncle HON. RON PAUL their families, and America’s security at risk Rusty being around always brings excitement OF TEXAS should face a minimum sentence in prison as and anticipation for the children. IN THE HOUSE OF REPRESENTATIVES well. Mr. Sweeney’s amendment does that by He is a part of a vanishing group that came Tuesday, May 18, 1999 establishing mandatory minimum sentences from the Bayou Meto-One Horse Store com- for willfully identifying covert agents. munity where being neighbors and helping Mr. PAUL. Mr. Speaker, I rise today to enlist As many of us recall, the current law, the support for a bill I have introduced to repeal Intelligence Identities Protection Act, was each other was a way of life. passed after the CIA Station Chief in Greece, The world is a better place for his having statutes which have now resulted in more than Richard Welch, was assassinated after been here, and we are all richer because he one hundred years of government intervention Counter Spy exposed his identity. Ex-CIA is part of our family. in the marketplace. In 1890, at the behest of agent Phillip Agee was also responsible for I am proud to call him my brother, and think Senator Sherman, the Sherman Antitrust Act repeated disclosures of the names of intel- of him with great love and affection. was passed allowing the federal government E1002 CONGRESSIONAL RECORD — Extensions of Remarks May 18, 1999 to intervene in the process of competition, the cases of exclusive government franchises, In addition to the many honors and acco- inter alia, whenever a firm captured market their position in the market is not (or was not) lades that Monsignor La Cerra received, he share by offering a better product at a lower the result of the initiation of physical force but has been a tireless worker and advocate for price. The Market Process Restoration Act of rather the result of their successful free com- the people of Miami and has served selflessly. 1999, H.R. 1789, will preclude such interven- petition. That is, they became sole suppliers I would like all my colleagues to join me in tion. by virtue of being able to produce products honoring someone who is truly an inspiration Antitrust statutes governmentally facilitate profitably at prices too low for other suppliers and role model to everyone in the way that he interference in the voluntary market trans- to remain in or enter the market, or to produce has lived every single day of his life. actions of individuals. Evaluation of the anti- products whose performance and quality oth- f trust laws has not proceeded from an analysis ers simply could not match. IN SPECIAL RECOGNITION OF JON- of their nature or of their necessary con- Even proponents of antitrust prosecution ac- ATHAN P. CURTIS ON HIS AP- sequences, but from an impressionistic reac- knowledge this. In the Standard Oil case, the POINTMENT TO ATTEND THE tion to their announced gain. U.S. Supreme Court declared in its 1911 deci- UNITED STATES MILITARY Alan Greenspan, now Chairman of the Fed- sion breaking up the company: ``Much has ACADEMY eral Reserve, described the ``world of anti- been said in favor of the objects of the Stand- trust'' as ``reminiscent of Alice's Wonderland: ard Oil Trust, and what it has accomplished. It Everything seemingly is, yet apparently isn't, may be true that it has improved the quality HON. PAUL E. GILLMOR simultaneously.'' Antitrust is, according to and cheapened the costs of petroleum and its OF OHIO Greenspan ``a world in which competition is products to the consumer.'' IN THE HOUSE OF REPRESENTATIVES lauded as the basic axiom and guiding prin- It is the dynamic model of competition under Tuesday, May 18, 1999 ciple, yet, `too much' competition is con- which only ``free'' entry is required that insures Mr. GILLMOR. Mr. Speaker, I rise today to demned as `cutthroat'. * * * A world in which maximization of consumer welfare within the pay special tribute to an outstanding young actions designed to limit competition are nature-given condition of scarcity and rec- man from Ohio's Fifth Congressional District. I branded as criminal when taken by business- onciles the ideal of pure liberty with that of am happy to announce that Jonathan P. Cur- men, yet praised as `enlightened' when initi- economic efficiency. The free market in the tis, of Edon, Ohio, has been offered an ap- ated by government. A world in which the law world of production may be termed ``free com- pointment to attend the United States Military is so vague that businessmen have no way of petition'' or ``free entry'', meaning that in a free Academy at West Point, New York. knowing whether specific actions will be de- society anyone is free to compete and Mr. Speaker, Jonathan has accepted his clared illegal until they hear the judge's ver- produce in any field he chooses. ``Free com- offer of appointment and will be attending dictÐafter the fact.'' And, of course, obscure, petition'' is the application of liberty to the West Point this fall with the incoming cadet incoherent, and vague legislation can make le- sphere of production: the freedom to buy, sell, class of 2003. Attending one of our nation's gality unattainable by anyone, or at least unat- and transform one's property without violent military academies is an invaluable experience tainable without an unauthorized revision interference by an external power. that offers a world-class education and de- which itself impairs legality. As argued by Alan Greenspan, ``the ultimate mands the very best that these young men The Sherman Act was a tool used to regu- regulator of competition in a free economy is and women have to offer. Truly, it is one of late some of the most competitive industries in the capital market. So long as capital is free the most challenging and rewarding under- America, which were rapidly expanding their to flow, it will tend to seek those areas which takings of their lives. output and reducing their prices, much to the offer the maximum rate of return.'' Jonathan brings a great deal of leadership dismay of their less efficient (but politically in- The purpose of my bill is to restore the in- and dedication to the incoming West Point fluential) competitors. The Sherman Act, more- herent benefits of the market economy by re- class of 2003. While attending Edon High over, was used as a political fig leaf to shield pealing the Federal body of statutory law School, Jonathan has attained a grade point the real cause of monopoly in the late which currently prevents efficiency-maximizing average of 3.732, which currently places him 1880'sÐprotectionism. the chief sponsor of voluntary exchange. third in his class of forty-six students. Jona- the 1890 tariff bill, passed just three months f than is a member of the National Honor Soci- after the Sherman Act, was none other than ety, and has participated in the United States Senator Sherman himself. IN HONOR OF REVEREND Air Force Academy Summer Science Acad- One function of the Sherman Act was to di- MONSIGNOR GERARD LA CERRA emy and the Invitational Academic Workshop vert public attention from the certain source of at West Point. monopolyÐGovernment's grant of exclusive HON. ILEANA ROS-LEHTINEN Outside the classroom, Jonathan has ex- privilege. But, as George Reisman, Professor OF FLORIDA celled as a fine student-athlete. On the fields of Economics at Pepperdine University's IN THE HOUSE OF REPRESENTATIVES of competition, Jonathan has earned letters in Graziadio School of Business and Manage- Varsity Track, Cross Country, and Golf. He ment in Los Angeles, explains ``everyone, it Tuesday, May 18, 1999 has also been active in the Edon High School seems, took for granted the prevailing belief Ms. ROS-LEHTINEN. Mr. Speaker, today I marching band, pep band, concert band, that the essential feature of monopoly is that would like to recognize a man for whom the Spanish club, and the D.A.R.E. program. South Florida Community has the utmost re- a given product or service is provided by just Mr. Speaker, at this point, I would ask my spect, esteem and admiration, Reverend Mon- one supplier. On this view of things, Microsoft, colleagues to stand and join me in paying spe- signor Gerard La Cerra, who will celebrate 30 like Alcoa and Standard Oil before it, belongs cial tribute to Jonathan P. Curtis. Our service years in the priesthood on May 24th. in the same category as the old British East academies offer the finest education and mili- Monsignor La Cerra was ordained into the India Company or such more recent instances tary training available anywhere in the world. priesthood in Miami in 1969 and has been in- of companies with exclusive government fran- I am sure that Jonathan will do very well dur- dispensable to our community from that mo- chises as the local gas or electric company or ing his career at West Point, and I wish him ment on. the U.S. Postal Service with respect to the de- the very best in all of his future endeavors. livery of first class mail. What all of these He has been a driving force in our city, pos- f cases have in common, and which is consid- sessing a truly ``God-given'' ability to bring ered essential to the existence of monopoly, people together from different cultures, reli- MARY ANN MEYER OF according to the prevailing view, is that they gions and walks of life, for a greater good, COLLINVSIVLLE, ILLINOIS CELE- all represent instances in which there is only both encompassing and dispensing brother BRATED HER 100TH BIRTHDAY one seller. By the same token, what is not hood, fellowship and most of all, love. considered essential, according to the pre- He was instrumental in the very inception of HON. JOHN M. SKIMKUS vailing view of monopoly, is whether the sell- the Archbishop Coleman F. Carroll High OF ILLINIOS ers position depends on the initiation of phys- School and involved in every step of its formu- IN THE HOUSE OF REPRESENTATIVES ical force or, to the contrary, is achieved as lation from the initial groundbreaking to the the result of freedom of competition and the final ribbon cutting ceremony. Tuesday, May 18, 1999 choice of the market.'' In 1995, this extraordinary man was des- Mr. SHIMKUS. Mr. Speaker, I would like to Microsoft, Alcoa,and Standard Oil represent ignated Prelate of Honor with the title of Rev- take this time to honor Mary Ann Meyer of cases of a sole supplier, or at least come erend Monsignor by His Holiness, Pope John Collinsville, Illinois who turned 100 on March close to such a case. However, totally unlike Paul, II. 22, 1999. CONGRESSIONAL RECORD — Extensions of Remarks E1003 On March 20th, her family and friends hon- served as regent of Children's Hospital of Los IN HONOR OF THE GRADUATION ored her at a special birthday party at the Angeles, regent of Pepperdine University, VIP PROGRAM, NEW YORK INSTI- Knights of Columbus Hall in Collinsville. where he received his master's degree in TUTE OF TECHNOLOGY For most of her adult life, she has been and Business administration, and he was director avid pinochle and bridge player. In fact she of the Boy Scouts of America in the Los Ange- HON. CAROLYN McCARTHY was on the high score board for six months les area. Other activities and awards include: OF NEW YORK running at the Collinsville Senior Center when National Commission on Economic Growth IN THE HOUSE OF REPRESENTATIVES she was a mere 99 years young. and Tax Reform, Congressional National Se- Tuesday, May 18, 1999 She attended SS. Peter and Paul Catholic curity Group, Chairman of the Governor's School and Collinsville Township High School Task Force on State and Local Investment Mrs. MCCARTHY of New York. Mr. Speak- where she graduated in 1917. During her re- Practices, Chairman of the Pacific Rim Finan- er, I rise today to celebrate the graduation of markable life, she has visited all 50 states and cial Summit, Distinguished Alumnus Award the Vocational Independence Program stu- has traveled twice to Europe. She has been from both Pepperdine University and South- dents (VIP) at the New York Institute of Tech- an active member of her church and had a ca- western University of Law where he received nology (NYIT) in Central Islip, New York. It reer in banking at a time when many women his jurist doctorate degree, Governing Maga- was my great pleasure to meet with these stu- weren't yet allowed let alone encouraged to do zine's Deal of the Year Award, Industry Award dents in Washington, D.C. last month. They so. of Excellence from the National Federation of are a wonderful group and I am very proud of She once said that her secret to a long life Municipal Analysts, honored for service to im- their achievement. The Vocational Independence Program was includes family, friends, music, traveling and poverished communities by the First AME founded in 1987 by Jim Rein, Dave Finkelstein plenty of hard work. Yet the most telling com- Church of Los Angeles, excellence 2000 and Neal Nelson. VIP is a work/study rec- ponent of her secret was the most basic once Award from the United States Pan Asian- reational program that establishes a transition when she said ``Have faith in God. I still do.'' American Chamber of Commerce, and the for sixteen to twenty-one year old learning dis- Congratulations on 100 years of making a Simon Wiesenthal Center Award for efforts to abled young adults considering post-sec- difference in our lives. Here's to the next 100. promote restitution for Holocaust victims from ondary career options. Soon after its creation, f Swiss banks. the program developed into what is the current Mr. Speaker, it is with great honor that I pay TRIBUTE TO PRESIDENT LEE year-round VIP program. The program pro- tribute to Matt Fong for his service to the state TENG-HUI vides continuing academic exposure to the of California, and the United States. Mr. Fong students and as training for varied vocational HON. SOLOMON P. ORTIZ is a faithful public servant who has shown options, work experiences and social and care and dedication to business, education independent living skills development. As a OF TEXAS and the well being of California and the Amer- part of the campus of NYIT, the students are IN THE HOUSE OF REPRESENTATIVES ican community as a whole. I ask my col- able to take college beyond its special cur- Tuesday, May 18, 1999 leagues to join me in wishing Matt Fong many riculum. more years of success. Mr. ORTIZ. Mr. Speaker, for many years In our meeting last month, I was impressed with the VIP students keen understanding of now, I have joined my colleagues in congratu- f lating the leaders of the Republic of China how government works and the depth of their (ROC) on their National Day, on associated TRIBUTE TO RICHARD AND IRMA questions about my job and working in Con- anniversaries, and other special occasions. POWELL gress. They have certainly benefitted from Today I congratulate President Lee Teng- their various studies and trips outside the hui on completing 3 years in office. President classroom. These experiences were a fine Lee is an energetic man who is moving for- HON. MARION BERRY supplement to their excellent classroom cur- ward on a number of diplomatic fronts to en- OF ARKANSAS riculum. As someone with a learning disability, I gage Taiwan as an emerging democracy and IN THE HOUSE OF REPRESENTATIVES economic Pacific power. commend the students for not allowing their In the years ahead, I hope that Taiwan will Tuesday, May 18, 1999 own disabilities to prevent them from attending continue to enjoy its prosperity and freedom. Mr. BERRY. Mr. Speaker, I rise today to college and moving into the workforce. They f pay tribute to a wonderful couple, The Pow- have demonstrated a determination and quest ells. for knowledge which all students should as- TRIBUTE TO MATT FONG pire. Richard and Irma Powell are classic exam- My best wishes to each of the graduates HON. GEORGE RADANOVICH ples of the ``Greatest Generation''. They work and their teachers, families and friends. I wish hard, play by the rules, and achieve success you great success now and in the future. OF CALIFORNIA doing so. They defined responsibility, honesty, f IN THE HOUSE OF REPRESENTATIVES thrift, and fair dealings. Their devotion to their Tuesday, May 18, 1999 family and church is extraordinary. IN SPECIAL RECOGNITION OF Both Richard and Irma Powell were born, MARCUS T. JAMEYSON ON HIS Mr. RADANOVICH. Mr. Speaker, I rise raised and spent their entire lives in Stanley APPOINTMENT TO ATTEND THE today to pay tribute to Matt Fong for his serv- Point, Arkansas. They raised a large family of UNITED STATES MILITARY ice to the state of California and the United children that carry on the values that make the ACADEMY States. Matt Fong's leadership and accom- Powells so special. plishments in Republican politics has had a profound impact on the advancement and After the loss of Richard some years ago it HON. PAUL E. GILLMOR quality of life in California and America. took years for Sunday to be the same with his OF OHIO Matt Fong has been committed to public absence from the front row. His occasional im- IN THE HOUSE OF REPRESENTATIVES service for many years, most recently as Cali- promptu statements to the congregation were Tuesday, May 18, 1999 fornia Treasurer. As treasurer, Mr. Fong profound and memorable. There was never Mr. BILLMORE. Mr. Speaker, I rise today to worked to create higher efficiency within the any doubt of his sincerity of commitment. pay special tribute to an outstanding young office, thereby saving California taxpayers mil- Mr. Powell was a great student of nature man from Ohio's Fifth Congressional District. I lions of dollars. He earned additional funds for and human nature. The integrity and dedica- am happy to announce that Marcus T. California schools, hospitals, and prisons tion of the Powells is a living example to all Jameyson, of Wellington, Ohio, has been of- through wise investments, and boosted Cali- that knew them, especially to institutions like fered an appointment to attend the United fornia's ratings with investors. Mr. Fong has marriage. They were married for 59 years be- States Military Academy at West Point, New done much to increase funds for small busi- fore Mr. Powell passed on. York. ness and education, and has also worked to They accept their lot philosophically, and Mr. Speaker, Marc has accepted his offer of revitalize California's inner cities. epitomize the vision Thomas Jefferson had in appointment and will be attending West Point Aside from his many accomplishments as mind when he helped found this great nation. this fall with the incoming cadet class of 2003. California treasurer, Matt Fong is a United Our community is a better place because of Attending one of our nation's military acad- States Air Force Academy graduate. He their presence, and they are a bless to us all. emies is an invaluable experience that offers E1004 CONGRESSIONAL RECORD — Extensions of Remarks May 18, 1999 a world-class education and demands the very have the ability to cause the companies to ployee may withdraw the LTIA funds before best that these young men and women have lose benefits if they are unsatisfied, and the the designated time of retirement with a ten to offer. Truly, it is one of the most challenging companies have the ability to limit the in- percent penalty to be paid to Social Secu- vestment of the employees. Under this bill, rity. and rewarding undertakings of their lives. money is provided for the Social Security III. Employing companies will be given the Marcus Jameyson brings a great deal of fund by the budget surplus, less stress on the option to establish a Security and Invest- leadership and dedication to the incoming money resulting from less money in the ac- ments Plan. West Point class of 2003. While attending tual Security fund by the budget surplus, A. The employing must demonstrate com- Wellington High School, Marc has attained a less stress on the money resulting from less petent use of the plan. If less than twenty- grade point average of 3.28, which places him money in the actual Security fund, and, in five percent of the company’s employees are among the best in his class. His academic cases, the ‘‘matching-the-employees invest- not participating in the LTIA option of the ments’’ of companies. The bill also provides S&I Plan, the company will no longer be con- success has placed him on the Honor Roll sidered eligible for the plan. and Merit Roll. Currently, Marc is taking Hon- for changes that may result from financial crisis, economic slumps, and/or corporate di- B. There will be incentives for companies or's Program courses and several AP courses. lemmas, if not addressed by the bill (which to subscribe under the S&I Plan. 1. An overall four tenths of a percent tax Outside the classroom, Marc has distin- many are), then as designated by new cut for the first twelve months of the S&I in- guished himself as an outstanding student-ath- amendments, law, or judicial review. corporation and two tenths of a percent for lete. Marc served as the Senior Captain of the Introduced by: Committee A, Central each year of incorporation thereafter. Wellington High School Varsity Wrestling Catholic High School, Canton, Ohio, 2. The company may choose to match each Team where, in both his Sophomore and Jun- GlenOak High School, N. Canton, Ohio, worker’s choice of LTIA investment with an ior years, he placed fourth in the Ohio State Jackson High School, Massillon, Ohio, and equal investment in the interest of Social Wrestling Tournament. Marc is also a member Minerva High School, Minerva, Ohio. Security. In this case, the tax cuts will be 1. Over the next twenty years (1999–2019), raised to five tenths of a percent and three of the Wellington Varsity Baseball Team. I am an amount of each year’s gross national also pleased to announce that Marc is being tenths of a percent receptively. budget surplus equal to the higher of 50% of 3. Corporate brokerage firms who aid com- recruited for Intercollegiate Athletics at West the surplus or forty-four billion three hun- panies in organized investment of the LTIA Point. dred million dollars will be allotted to the funds will be granted a one-hundredth of a Mr. Speaker, at this point, I would ask my Social Security pool of finance. This invest- percent overall tax cut. colleagues to stand and join me in paying spe- ment will provide a foundation for and com- IV. this bill may be altered or amended as cial tribute to Marcus T. Jameyson. Our serv- plement to the near-future implementation the law-making processes of the Untied ice academies offer the finest education and of Social Security funds. All mentioned States deem proper and necessary to the im- money will be placed into an exclusive So- military training available anywhere in the provement of the plan without destabilizing cial Security fund. the basic tenets of the bill. world. I am sure that Marc will do very well II. The money currently allotted for Social V. If an individual’s employing company is during his career at West Point, and I wish Security on each American citizen worker’s not a member of the S&I Plan, then that in- him the very best in all of his future endeav- income will be hereafter dubbed ‘‘The Secu- dividual may, through an application process ors. rity and Investment Plan.’’ determined by an S&I company, apply to be- f A. The S&I Plan will divide current Social come involved in that company’s S&I plan Security allotments into two parts: an un- without becoming an employee of that com- 1999 STUDENT CONGRESSIONAL changed Social Security fund and a Long- pany. However, that individual will have to COUNCIL BILL ON SOCIAL SECU- term Investment Allocation. pay a maximum of 10% in commission to the RITY 1. Social Security fund company. a. The money under this account will be monitored and administered as it is in the f HON. RALPH REGULA current system as of the nineteenth of Feb- MONTELLO STUDENTS SPACE ruary 1999. OF OHIO SEED PROJECT ON SPACE SHUT- IN THE HOUSE OF REPRESENTATIVES b. The money under this account must rep- resent at least fifty percent of the S&I TLE DISCOVERY Tuesday, May 18, 1999 money. Mr. REGULA. Mr. Speaker, on March 9, 2. Long-term Investment Allocations HON. THOMAS E. PETRI a. The LTIA will be money that has the op- OF WISCONSIN 1999 the 1999 Student Congressional Council portunity to increase at a rate that will in my district passed a bill that proposes to produce more money in the long run than IN THE HOUSE OF REPRESENTATIVES strengthen Social Security for years to come. the regular Social Security fund. It will also Tuesday, May 18, 1999 I feel privileged to have sponsored this student run than the regular Social Security fund. It Mr. PETRI. Mr. Speaker, this past year, stu- will also stimulate the American economy group and I am especially impressed with the dents from Montello, Wisconsin worked on a students' diligent work in creating this bill. I via individual investment in US interests. b. This money will be monitored by each project that entailed an international experi- believe Congress can learn from their example ment which wasÐincluded on last fall's his- by likewise working together to tackle this dif- company and reported to the Congressional Ways and Means Social Security Sub- toric Discovery space shuttle flight. ficult issue. committee annually for reference. The experiment involved vials of lettuce I hereby submit the attached 1999 Student c. This money is in the control of the indi- seeds from Wisconsin and chicory seeds from Congressional Council Bill on Social Security vidual who has the option to surrender its Italy being subjected to micro gravity, extreme into the CONGRESSIONAL RECORD. control to the company to invest as it sees heat and cold during the NASA flight. While in fit or to monitor it individually. BILL PASSED BY THE 1999 STUDENT CONGRES- Individual Investment space, the project was tended by astronaut SIONAL COUNCIL ON MARCH 9, 1999. EVENT i. The employing company will provide ac- John Glenn. The seeds are being studied to SPONSORED BY U.S. REPRESENTATIVE RALPH cess to employees as to the status of the determine the effects of space travel. Early re- REGULA, 16TH DISTRICT-OHIO questioning employee’s money. This access sults indicated that the space seeds did as BILL SUMMARY—COMMITTEE A may be via computer network or server, the well as the control seeds despite not being The basic concept of this bill is to individ- Internet, telephone, and/or other mediums. fertilized. This unexpected finding could have ualize a portion of Social Security while This access may be either inherent in the far-reaching implications for the environment. keeping at least half of it completely govern- privileges of the employee or granted upon The school-wide project included students of mental. The individualized portion will serve request and approval through a superior or different ages and the central theme allowed to stimulate the American economy, lead to other employee or employer. a general higher-than-present public under- ii. The employing company will provide all types of classes to be involved, such as standing of investment, and grant more inde- employees with investment education. English, history, and agriculture. The seed pendence to employees with the money that iii. The employing company may place project, ``Growing Montello Transglobally'' is a they have rightfully earned. Employees will limits on employee investment such as the joint effort with students from the II Montello be able, with education and limitations pro- restriction of certain forms of investment, region of Italy. The students communicated vided by the company, to invest in endeavors certain risk-levels of investments, and/or si- over the Internet using an Italian translator such as stocks, funds, IRAs, and the govern- multaneous sums of investment trans- program. ment, in order to increase their playback actions. while lessening the load on Social Security. iv. If an employee subscribed under the During a visit to Montello High in January, I The bill also provides for a check-and-bal- LTIA option has a reason agreed by the em- had the opportunity to discuss the project with ance system between the companies and em- ploying company and employee to be a situa- the students and was impressed by their inter- ployees, and encourages cooperation among tion or plausible cause for a situation of ex- ests and abilities. I toured classes where stu- these and the government. The employees treme need for the invested money, the em- dents had participated in computer portions of CONGRESSIONAL RECORD — Extensions of Remarks E1005 the project, from sharing and tracking informa- Not only has Lona distinguished herself in Under Section 1407, a Multidistrict Litigation tion with their sister school in Montello, Italy, the classroom, but she has performed wonder- PanelÐa select group of seven Federal to downloading and sending digital photo- fully on the fields of competition. An out- judges picked by the Chief JusticeÐhelps to graphs. I was also impressed by a video docu- standing student-athlete, Lona is the starting consolidate lawsuits which share common mentary of the project and related activities centerfielder on the Wellington High School questions of fact filed in more than one judicial that was made in conjunction with the Experi- Varsity Softball Team and is the team's Co- district nationwide. Typically, these suits in- mental Aircraft Association (EAA). Captain. I am happy to announce that Lona is volve mass tortsÐa plane crash, for exam- The Wisconsin students were able to go to being recruited for Intercollegiate Athletics at pleÐin which the plaintiffs are from many dif- Florida to view the Discovery launch in Octo- West Point. ferent states. All things considered, the panel ber. They raised their own money for the trip My Speaker, at this point, I would ask my attempts to identify the one district court na- through a variety of fund-raisers which in- colleagues to stand and join me in paying spe- tionwide which is best adept at adjudicating cluded selling cookies and T-shirts and cial tribute to Lona Pieper. Our service acad- pretrial matters. The panel then remands indi- hosting a spaghetti dinner. emies offer the finest education and military vidual cases back to the districts where they Seventh and eighth grade students in the training available anywhere in the world. I am were originally filed for trial unless they have Montello School system are co-authoring a sure that Lona will do very well at West Point, been previously terminated. children's picture book. The students devel- and I wish her much success in all of her fu- For approximately 30 years, however, the oped their own ideas for the character, plot, ture endeavors. district court selected by the panel to hear pre- settings and illustrations featuring children f trial matters (the ``transferee court'') often in- from Montello, Italy and Montello, Wisconsin. voked Section 1404(a) of Title 28 to retain ju- The book will feature NASA projects as seen TRIBUTE TO LESTER AND LOIS risdiction for trial over all of the suits. This is from the children's perspective. They will be WHITING a general venue statute that allows a district submitting the book to a professional pub- court to transfer a civil action to any other dis- lisher. A literacy quilt was created to highlight HON. MARION BERRY trict or division where it may have been the success of the NASA Project. OF ARKANSAS brought; in effect, the court selected by the Catherine Alexander, teacher, has been IN THE HOUSE OF REPRESENTATIVES panel simply transferred all of the cases to asked to have the students do a multimedia itself. According to the AO, this process has presentation on the seed project at the Naval Tuesday, May 18, 1999 worked well, since the transferee court was Academy in Annapolis in September. Mr. BERRY. Mr. Speaker, I rise today to versed in the facts and law of the consolidated The time and effort the students of Montello, pay tribute to a distinguished couple in my litigation. This is also the one court which Wisconsin and II Montello of Italy put into this community. could compel all parties to settle when appro- project was phenomenal and their achieve- Lester and Lois Whiting lived, worked, and priate. ments and successes should be recognized. I raised their family in the Tichnor community The Lexecon decision alters the Section believe these students deserve a full measure and resided there all their days. They were 1407 landscape. This was a 1998 defamation of praise for all they have accomplished. both descendants of pioneer families in south case brought by a consulting entity (Lexecon) f Arkansas County. They were the kind of peo- against a law firm that had represented a ple that always cared about their neighbors plaintiff class in the Lincoln Savings and Loan IN SPECIAL RECOGNITION OF and community, were always ready to do their litigation in Arizona. Lexecon had been joined LONA R. PIEPER ON HER AP- part for the common good. as a defendant to the class action, which the POINTMENT TO ATTEND THE The Whitings were the kind of people that Multidistrict Litigation Panel transferred to the UNITED STATES MILITARY only wanted a fair chance. They took care of District of Arizona. Before the pretrial pro- ACADEMY their own business and achieved success in ceedings were concluded, Lexecon reached a doing this. ``resolution'' with the plaintiffs, and the claims HON. PAUL E. GILLMOR They brought honor and distinction to their against the consulting entity were dismissed. OF OHIO family and community with their quiet service Lexecon then brought a defamation suit and support. They are of the ``Greatest Gen- against the law firm in the Northern District for IN THE HOUSE OF REPRESENTATIVES eration'' that worked hard, played by the rules, Illinois. The law firm moved under Section Tuesday, May 18, 1999 and made this country what it is today. 1407 that the Multidistrict Litigation Panel em- Mr. GILLMORE. Mr. Speaker, I rise today to If as some say, your children are the true power the Arizona court which adjudicated the pay special tribute to a truly outstanding young measure of your success, then the Whitings original S&L litigation to preside over the defa- lady from Ohio's Fifth Congressional District. are indeed successful. mation suit. The panel agreed, and the Ari- Recently, I had the opportunity to nominate I have been privileged to have lived among zona transferee court subsequently invoked its Lona R. Pieper for an appointment to attend wonderful people like the Whitings all of my jurisdiction pursuant to Section 1404 to pre- the United States Military Academy at West life. side over a trial that the law firm eventually Point, New York. The world is a better place because they won. Lexecon appealed, but the Ninth Circuit I am pleased to announce that Lona has lived. I have been blessed to have had such affirmed the lower court decision. been offered an appointment and will be at- friends. The Supreme Court reversed, however, tending West Point with the incoming cadet f holding that Section 1407 explicitly requires a class of 2003. Attending one of our nation's transferee court to remand all cases for trial military academies is one of the most reward- THE MULTIDISTRICT TRIAL back to the respective jurisdictions from which ing and demanding time periods these young JURISDICTION ACT OF 1999 they were originally referred. In his opinion, men and women will ever undertake. Our mili- Justice Souter observed that ``the floor of Con- tary academies provide the training and expe- HON. F. JAMES SENSENBRENNER, JR. gress'' was the proper venue to determine rience needed to help turn these young adults OF WISCONSIN whether the practice of self-assignment under into the finest officers in the world. IN THE HOUSE OF REPRESENTATIVES these conditions should continue. Mr. Speaker, without question, Lona Pieper Mr. Speaker, this legislation responds to Tuesday, May 18, 1999 belongs with the incoming West Point class of Justice Souter's admonition. My bill would sim- 2003. While attending Wellington High School, Mr. SENSENBRENNER. Mr. Speaker, today ply amend Section 1407 by explicitly allowing in Wellington Ohio, Lona achieved a grade I am introducing the Multidistrict Trial Jurisdic- a transferee court to retain jurisdiction over re- point average of 2.92, which has earned her tion Act of 1999 at the behest of the Adminis- ferred cases for trial, or refer them to other several Merit Awards and placed her on the trative Office of the U.S. Courts (or ``AO''). districts, as it sees fit. This change makes Honor Roll each year. In addition, Lona has The AO is concerned over a Supreme Court sense in light of past judicial practice under served as Vice President of the Senior Class opinion, the so-called Lexecon case, per- the Multidistrict Litigation statute. It obviously and President of the Key Club. She has also taining to Section 1407 of Title 28 of the U.S. promotes judicial administrative efficiency. I been active in the French Club, Student Coun- Code. This statute governs Federal multidis- therefore urge my colleagues to support the cil, and Civil War Club. trict litigation. Multidistrict Trial Jurisdiction Act of 1999. E1006 CONGRESSIONAL RECORD — Extensions of Remarks May 18, 1999 TRIBUTE TO THE U.S. MERCHANT sonal involvement in, and steadfast commit- men and women have to offer. Truly, it is one MARINES ment to obtaining appropriate recognition for of the most challenging and rewarding under- the efforts of Merchant Marines during World takings of their lives. HON. MICHAEL F. DOYLE War II. Mark cares very deeply about this mat- Without question, Zeb brings a great deal of OF PENNSYLVANIA ter and played a major role in creating greater leadership and dedication to the incoming Air IN THE HOUSE OF REPRESENTATIVES awareness about the inequitable treatment of Force class of 2003. During his time at Fos- Merchant Marines within the halls of Con- toria High School, Zeb has achieved a high Tuesday, May 18, 1999 gress. level of academic excellence. Currently, he Mr. DOYLE. Mr. Speaker, I rise today to In closing, I want to thank all of my col- has attained a grade point average of 3.75, give tribute to U.S. Merchant Marines and ex- leagues who were supportive of the effort em- which places him thirteenth in his class of 158 tend my gratitude for their valiant service to bodied in the Merchant Marines Fairness Act students. Academically, he was an honor roll our country during World War II. As my col- and encourage them to monitor its implemen- member in each year of high school. leagues should be aware, May 22nd is Na- tation. It is my hope that each and every In addition to his stellar performance in the tional Maritime Day. Member of the House will take the time to rec- classroom, Zeb has shown himself to be an In years past, I have come before the ognize the efforts of our country's World War excellent student-athlete. He has been a House to explain in detail how the thousands II Merchant Marines. member of the Fostoria High School Varsity of courageous men and women who served in f Wrestling Team and the Varsity Football the Merchant Marines transported supplies to Team. In addition, Zeb has been a member of our soldiers during war and in the face of HAPPY ANNIVERSARY TO PRESI- the Spanish Club, Peer-Mediation, Youth-to- grave danger. Undeniably, the actions taken DENT LEE TENG-HUI OF TAIWAN Youth, and served as the Vice President of and responsibilities fulfilled by these men and the Freshman Student Council. women who served in the Merchant Marines HON. EVA M. CLAYTON Mr. Speaker, at this point, I would ask my contributed to the outcome of World War II. As OF NORTH CAROLINA colleagues to stand and join me in paying spe- the Pittsburgh areas was one of the most IN THE HOUSE OF REPRESENTATIVES cial tribute to Zebulon G. Wedge. Our service heavily recruited regions of the country by the academies offer the finest education and mili- Tuesday, May 18, 1999 Merchant Marines, I have come to have an tary training available anywhere in the world. enormous appreciation for and ever growing Mrs. CLAYTON. Mr. Speaker, I wish to offer I am sure that Zeb will do very well during his amount of respect for the contributions that my congratulations to President Lee Teng-hui career at the Air Force Academy, and I wish merchant mariners have made to our nation. of the Republic of China on Taiwan, as Tai- him the very best in all of his future endeav- Indeed, their efforts should not be dimin- wan celebrates the third anniversary of his ors. ished in any way and should be equated with presence in office on May 20, 1999. f those of other armed service personnel. It is President Lee Teng-hui is the leader of the important to note that during World War II, other ChinaÐThe Republic of China on Tai- TRIBUTE TO FLETCHER AND Merchant Marines were subject to government wan, a country of 21 million hardworking Chi- SYBIL SULLARDS control and their vessels were controlled by nese citizens who subscribe to an American the government under the Authority of the War style of democracyÐfree elections, respect for HON. MARION BERRY Shipping Administration. And just as with other human rights and a free enterprise system. OF ARKANSAS branches of the military. Merchant Marines Mr. Speaker, under President Lee's leader- IN THE HOUSE OF REPRESENTATIVES traveled under sealed orders and were subject ship Taiwan is a world-class nation and its citi- Tuesday, May 18, 1999 to the Code of Military Justice. Like many zens enjoy one of the highest standards of liv- Members of Congress, I felt it was completely ing in the world. Mr. BERRY. Mr. Speaker, I rise today to unacceptable that Merchant Marines were dis- As Chinese mainland students continue to pay tribute and recognize Fletcher and Sybil criminated against in terms of benefits and demonstrate against the United States, let's Sullards on the occasion of the celebration of lent my strong support to H.R. 1126, the Mer- not forget our friends on Taiwan who have their 50th wedding anniversary. Fletcher and chant Marine Fairness Act. The bill, H.R. been our ally and partner throughout their his- Sybil are mother and father to Karen who they 1126, was ultimately enacted into law as part tory. love dearly. The Sullards have actually par- of H.R. 4110, the Veterans Programs En- Mr. Speaker, once again I congratulate ented many many children in their years as hancement Act. President Lee as he celebrates his third anni- educators in the public schools in Arkansas. While I am pleased that the Merchant Ma- versary in office. He has done a wonderful job They are ``public servants'' in the true spirit of rine Fairness Act has been signed into law, I for his country and his people. the words. I think of the Biblical meaning of was not pleased that the language of an im- f servanthood when I look at the work of Fletch- portant provision has been altered. Specifi- er and Sybil with the young people they cally, the Merchant Marine Fairness Act in- IN SPECIAL RECOGNITION OF served and the communities across this great cluded directive language according the rec- ZEBULON G. WEDGE ON HIS AP- state that they became involved. ognition of Honorable Discharge to merchant POINTMENT TO ATTEND THE Fletcher and Sybil came to the community I mariners whose service included time between UNITED STATES AIR FORCE live in, Gillett, in the late 1950's. They were August 15, 1945 to the end of 1946. The lan- ACADEMY there only a few short years before moving on guage however, was changed to read ``Certifi- to serve larger schools and eventually made cate of Honorable Discharge'' when the origi- HON. PAUL E. GILLMOR their home in Searcy, Arkansas. Their time in nal bill was included in H.R. 4110, and was OF OHIO my community has been an example of the enacted as part of Public Law 105±368. IN THE HOUSE OF REPRESENTATIVES lasting impact for good that teachers make on As it has been more than half a century children and also in setting standards of excel- since the end of World War II and almost 20 Tuesday, May 18, 1999 lence for the schools they serve. years since the struggle for equitable recogni- Mr. GILLMOR. Mr. Speaker, I rise today to Of the many strengths of this unique couple tion of merchant mariners began, I am deeply pay special tribute to an outstanding young I think first of their gift of laughter. As teach- concerned about the potential for the intent of man from Ohio's Fifth Congressional District. I ers, they dealt with a serious subjectÐedu- the original language to be misconstrued and am happy to announce that Zebulon G. cating childrenÐbut it was fun for them. You thus creating further delay in the delivery of Wedge, of Fostoria, Ohio, has been offered an knew they loved what they were doing be- earned benefits. I urge both Secretary of De- appointment to attend the United States Air cause they were and always will be happy fense Cohen and Secretary of Transportation Force Academy in Colorado Springs, Colo- people. In my opinion their greatest strength is Slater to expeditiously and consistently imple- rado. in their dedication to children as individuals. ment the new benefits provisions in accord- Mr. Speaker, Zeb has accepted his offer of This makes them truly outstanding. As edu- ance to the intent of the original bill's lan- appointment and will be attending the Air cators, they knew their students, they liked guage. Approximately 2,500 mariners and Force Academy this fall with the incoming their students, thus they could challenge, en- their families are expecting and should receive cadet class of 2003. Attending one of our na- courage and even reprimand their students. If no less. tion's military academies is an invaluable ex- it takes a village to raise a child, the Sullards I also want to recognize the efforts of one perience that offers a world-class education are the ingredient every village needs as does of my constituents, Mark Gleeson, for this per- and demands the very best that these young every child. CONGRESSIONAL RECORD — Extensions of Remarks E1007 I wish continued happiness for this wonder- to makeshift classrooms and portions of the Mr. Speaker, I urge my colleagues to join ful couple. My state, my community and my building that have been condemned continue with me in honoring the 150 emergency med- family are better for Fletcher and Sybil to house students. Students and teachers are ical professionals being honored as ``Stars of Sullards. often forced to move from classroom to class- Life'' during National EMS Week of 1999. I f room to escape the stench of sewer back-up commend Keith Lund for his dedication to that permeates the building. I have walked the emergency care for the people of South Flor- INTRODUCTION OF FEDERALLY halls of this school and have found the condi- ida as a true ``Star of Life''. IMPACTED SCHOOL IMPROVE- tions these students face on a day-to-day f MENT ACT basis to be deplorable. The legislation we are introducing today of- U.S.-TAIWAN RELATIONS HON. EARL POMEROY fers the best opportunity for Cannonball, and OF NORTH DAKOTA the Grand Forks School District to meet these HON. DONALD M. PAYNE IN THE HOUSE OF REPRESENTATIVES urgent construction needs. Our legislation OF NEW JERSEY would create a separate Impact Aid construc- Tuesday, May 18, 1999 IN THE HOUSE OF REPRESENTATIVES tion account and authorize a federal appro- Tuesday, May 18, 1999 Mr. POMEROY. Mr. Speaker, I rise today to priation of $50 million for each of the next five join my colleague, Congressman J.D. fiscal years. The funding would be divided Mr. PAYNE. Mr. Speaker, I rise today in HAYWORTH, in introducing the Federally Im- equally between Indian land/federal property support of President Lee Teng-Hui and Vice- pacted School Improvement Act. This legisla- and military schools and would create a re- President Lien Chan of Taiwan as they pre- tion is designed to provide matching grants to serve account for emergency repair needs. pare to celebrate their anniversary in office federally impacted schools to meet their ur- Under the legislation, an individual school dis- this May 20th. We are reminded once again gent repair and construction needs. trict could receive a grant up of to $3 million that we have a strong partner and friend in the The Impact Aid program was built on the any time during the five year authorization pe- Far EastÐThe Republic of China on Taiwan. premise of a shared responsibility between the riod. In order to make the limited federal funds Throughout its history, the Republic of federal, state and local governments. Since go farther, the bill targets funding directly to China on Taiwan has always continued to fos- 1950, the federal government has recognized those school districts located on Federal prop- ter good relations with the United States. and accepted its responsibility to assist school erty or that serve a high concentration of fed- Many of Taiwan's leaders were either edu- districts and communities that are impacted by erally-connected students. Additionally, the bill cated in the United States or the United King- a federal presence such as a military base or requires districts to provide matching funds on dom and they, just as much as we do, believe Indian reservation. The federal government all but the small portion of funds reserved for in democracy and a free enterprise system. has made payments to school districts in the emergencies. In the future, I hope we can continue to form of federal property, disability and basic Mr. Speaker, the federal government has a work together on issues that are mutual bene- support payments to help cover the cost of clear obligation to federally impacted schools, ficial to both countries in the areas of democ- educating federally connected children. Across and only by stepping up its support can these racy and governance, the rule of law, inter- the country, 1,600 school districts and 1.5 mil- schools continue to provide a quality edu- national trade and the environment. Taiwan lion children depend on the Impact Aid pro- cation to thousands of children across the has always supported the United States in gram for a quality education. country. I am looking forward to working with many areas as it relates to security in and out- Up until 1994, Congress has provided as- my colleagues on a bipartisan basis to support side of the region. I hope we can continue to sistance to help these school districts build Impact Aid schools. I urge my colleagues to do this. It is time we show our appreciation of and repair their schools, particularly districts support this important legislation, which would Taiwan by offering our help to them when they whose property tax circumstances make it al- enable federally impacted schools across the need us. most impossible to pass school construction country to meet their urgent construction and f bonds. Since 1994, however, the Impact Aid repair needs. IN SPECIAL RECOGNITION OF school construction account has suffered. The f GEOFFREY L. EARNHART ON HIS funding provided in the section 8007 construc- HONORING KEITH LUND AS A APPOINTMENT TO ATTEND THE tion account has become woefully inadequate ‘‘STAR OF LIFE’’ U.S. MILITARY ACADEMY and is spread too thinly among the over two hundred qualifying schools. As a result, many HON. PAUL E. GILLMOR of these school buildings are antiquated, over- HON. E. CLAY SHAW, JR. OF OHIO crowded and most troubling, compromise the OF FLORIDA IN THE HOUSE OF REPRESENTATIVES health and safety of their students. IN THE HOUSE OF REPRESENTATIVES I would like to draw my colleagues' attention Tuesday, May 18, 1999 Tuesday, May 18, 1999 to two particular instances in my state where Mr. SHAW. Mr. Speaker, I commend Keith Mr. GILLMOR. Mr. Speaker, I rise today to Impact Aid section 8007 construction funding Lund for being designated as a ``Star of Life'' pay special tribute to a truly outstanding young has fallen far short of meeting schools' most by the American Ambulance Association. man from Ohio's Fifth Congressional District. basic repair and construction needs. The Keith's selection as the ``Star of Life'' Award Recently, I had the opportunity to nominate Grand Forks school district in North Dakota winner for Dade, Broward, Monroe and Palm Geoffrey L. Earnhart for an appointment to at- has been plagued by severe ventilation and Beach Counties of Florida is an appropriate tend the United States Military Academy at air quality problems for some time. The mea- honor for such a dedicated paramedic. Keith West Point, New York. ger funds Grand Forks receives through sec- has worked with American Medical Response I am pleased to announce that Geoff has tion 8007 have not enabled the district to for eight years, rising from an emergency been offered an appointment and will be at- make even urgent repairs. One school has medical technician to a paramedic and super- tending West Point with the incoming cadet had to delay renovation projects because of vising officer. class of 2003. Attending one of our nation's insufficient funds, and ultimately, to borrow Anyone who has been in an emergency sit- military academies is one of the most reward- from their Basic Support Payments when ren- uation can easily recognize the vital impor- ing and demanding time periods these young ovation needs became too urgent to ignore. In tance of a calm, direct manner and the ability men and women will ever undertake. Our mili- order to improve the air quality so that children to work as a team member. Keith Lund em- tary academics turn these young adults into are not at risk, this one school would need bodies these to near-perfection. He handles the finest officers in the world. $800,000. However, the entire Grand Forks his daily work in the high-stress environment Mr. Speaker, without question, Geoff be- school district will receive only $40,000 in sec- as a critical care paramedic with eagerness, longs with the incoming West Point class of tion 8007 money this year. diligence, and pride. 2003. During his time at St. Francis DeSales Another Impact Aid school that has become I believe it is exceedingly difficult to sepa- High School, in Perryburg, Ohio, Geoff has a particular concern for me is Cannonball Ele- rate professional life and personal life. This is achieved a remarkable grade point average of mentary, located on the Standing Rock Res- an especially complicated task for a single 4.427, which currently ranks him tenth in his ervation in North Dakota. As a result of inad- parent. As a single father, Keith's dedication to class of 178 students. Geoff is a three-year equate Impact Aid construction funding over his job is balanced with his dedication to his member of the National Honor Society, and the years, Cannonball has long been ne- son. Keith's commitment to both should be has received many awards for his academic glected. Storage rooms have been converted honored and admired. excellence. E1008 CONGRESSIONAL RECORD — Extensions of Remarks May 18, 1999 Outside the classroom, Geoff has been a share the same roots of foundation: The Fran- mentation process, it remains derailed. It has four-year member of the St. Francis DeSales ciscan Sisters of Perpetual Adoration from La become clear to me that Congress must again Marching Bank. In his senior year, Geoff is the Crosse, Wisconsin, and The Franciscan Sis- revisit this issue. It is my humble hope, we leader of the percussion section. In addition, ters of the Eucharist from Meriden, Con- can revisit FQPA the way we left it, in a bipar- Geoff has demonstrated his dedication and necticut. In addition, some 35 friends and pa- tisan spirit of cooperation. commitment to excellence by obtaining his rishioners from parish church in Ettenbeuren, Mr. Speaker, Congress wanted a law to Eagle Scout ranking with the Boy Scouts of Bavaria will join the celebration. They will also eliminate the scientifically inadequate and out- America. He has also been a Scout patrol visit the motherhouses of all three religious dated Delaney Clause. What Congress and leader and summer camp counselor. congregations. the Nation got was much worse. In fact, the Mr. Speaker, at this point, I would ask my Mr. Speaker, it is with immense pride and EPA has failed to provide scientifically sound colleagues to stand and join me in paying spe- gratitude that I commemorate The Sisters of guidance to the regulated community. The cial tribute to Geoffrey Earnhart. Out service St. Francis of Assisi on its jubilee anniversary EPA's approach follows a path toward great academies offer the finest education and mili- and the wonderful contributions the congrega- economic harm for agricultural producers and tary training available anywhere in the world. tion has made to the spiritual, academic, and pest outbreaks causing diseases concerns for I am sure that Geoff will do very well at West temporal quality of life in communities close to urban and suburban communities it is an ap- Point, and I wish him much success in all of home and around the world. proach that is without a scientific foundation. his future endeavors. f Farmers, the food industry, pest control in- f terests, and many others are understandably H.R. 1592, THE REGULATORY FAIR- concerned. Americans want and deserve a COMMEMORATING THE 150TH ANNI- NESS AND OPENNESS ACT OF fair, workable implementation of the bipartisan VERSARY OF THE FOUNDING OF 1999 law. Americans want and deserve rules that THE SISTERS OF ST. FRANCIS are based on real information and sound OF ASSISI HON. RICHARD W. POMBO science. Americans want and deserve rules OF CALIFORNIA that follows the Vice President's stated goals. HON. GERALD D. KLECZKA IN THE HOUSE OF REPRESENTATIVES Americans want and deserve rules that fit OF WISCONSIN FQPA's requirements. Tuesday, May 18, 1999 In order to achieve these results, I along IN THE HOUSE OF REPRESENTATIVES Mr. POMBO. Mr. Speaker, it is rare for both with Mr. TOWNS, Mr. CONDIT and Mr. BOYD Tuesday, May 18, 1999 Houses of Congress to reach an agreementÐ have introduced ``The Regulatory Fairness and Mr. KLECZKA. Mr. Speaker, I rise today to fully bipartisan legislation. The Food Quality Openness Act of 1999.'' This legislation main- commemorate the founding of The Sisters of Protection Act (FQPA) was enacted in this tains the strong safety standards established St. Francis of Assisi, a congregation that is manner in 1996. This bill eliminated the fa- by FQPA. This bill simply establishes a sci- celebrating its 150th anniversary this year. mous Delaney Clause for residues in raw and entific-based process for implementing the law In 1849, thirteen secular Franciscans emi- processed foodsÐreplacing it with a scientific, which will be based on sound, peer reviewed grated from Bavaria to establish a religious rational standard of ``reasonable certainty of science and open for public review. Further, it order to meet the education needs of German no harm.'' Food, agricultural and consumer in- ensures that agricultural producers across the immigrants in Milwaukee. As such, The Sisters terests, as well as the pesticide industry saw country, who are already facing tough times, of St. Francis of Assisi are the first Third the passage of FQPA as an opportunity to as- will not be adversely impacted by loss of crop Order regular Franciscan congregation found- sure that sound science is paramount in protection tools because the EPA failed to use ed in the United States. EPA's determinations on the use of chemicals good science in reviewing crop protection Over the years the work of the congregation on crops, in homes and for public health con- tools under the new standards of FQPA. It will has extended to virtually every walk of life and cerns. FQPA required the EPA to establish also ensure the consumers' food supply and touched countless thousands through min- scientific, rational, sound and reasonable food quality will not be affected by incomplete istries of healing, teaching, reconciliation and standards. and faulty data. liberation. Mr. Speaker, sound science is what the au- MY LEGISLATION ACCOMPLISHES THE FOLLOWING The congregation is involved in diverse min- thors intended and expected. This is what The Regulatory Fairness and Openness Act istries, which include: Making affordable hous- Congress wantedÐsound science as the of 1999 lays out the problems that the EPA ing units available through Canticle Court and rule's foundation. Further, the new law pro- has faced over the last few years in imple- Juniper Court, promoting undergraduate and vided an additional safety factor to protect in- menting the law. In many cases, the EPA sim- graduate education at the renown Cardinal fants and children, and new ways of assessing ply does not know what to do because the sci- Stritch University, making affordable rental pesticide benefits and risks. This is something entific protocols for assessing certain crop pro- units available to non-profit groups through the Congress fully supported and continues to tection products under the new law have not Marian Center, and offering community-based support. Despite strong congressional support, been developed. Further, it highlights the ex- care for all ages through the innovative work implementing the law at the regulatory level treme negative consequences if the law is im- at the St. Ann Center for Intergenerational has been a very difficult and unnecessarily plemented improperly. For example, Care. In addition, ministries are maintained by complex process. organophosphate insecticides are used on 70 the congregation throughout the U.S. and Tai- In fact, only a few months after the law was percent of the acres treated in the United wan through St. Colett's organizations in Wis- passed, the FQPA implementation process States and are used to control of vector in- consin, Illinois and Massachusetts. And, a col- broke down. Members of Congress voiced sects that spread diseases. If the EPA con- laborative relationship is maintained with a their concern. The problems were so great tinues on their current path, many of these Franciscan congregation in Cameroon, West and concerns from America's agricultural in- products could be lost. Farmers will be left Africa. dustry so substantial that Vice President Gore without replacement products and exposed to In all, nearly 350 Sisters and 75 Associates sent a memorandum to both the Department major losses due to pest outbreaks. Con- promote the mission of the congregation in of Agriculture and the Environmental Protec- sequently, this will lead to either a shortage of areas of education, pastoral ministry in par- tion Agency on April 8, 1998. This memo- quality produce or increase in import from ishes, hospitals and nursing homes, music randum laid out the White House's plan for countries where their farmers do not follow our ministry, elder housing and day care service to putting FQPA's implementation on the right stringent guidelines. It will also limit the ability those with developmental challenges, and vol- track. of agencies to control vector insects, thus unteer work of all kinds. The White House's plan for FQPA imple- causing health risks for millions of Americans. In the last week of July, The Sisters of St. mentation contained four basic principles: This legislation will require the EPA to per- Francis of Assisi will bring its mission to tele- sound science in protecting pubic health, regu- form a simple ``transition analysis'' on products vision in a series of public education mes- latory transparency, reasonable transition for before releasing any information about the sages called, ``We are Franciscans with a Fu- agriculture, and consultation with the public safety of the product to the public or making ture.'' On Sunday, May 30 the 150th celebra- and other agencies. America's agricultural and final tolerance decisions. If the transition anal- tion will culminate with the May Crowning and urban pest control community supported the ysis determines that the Administrator is using on Open House. Vice President's approach. assumptions when existing data makes the Then, in August, another celebration will Mr. Speaker, now, a year after the White use of the assumption unnecessary or is using take place with two other congregations who House got directly involved in FQPA's imple- worst case estimates, anecdotal, unverified, or CONGRESSIONAL RECORD — Extensions of Remarks E1009 scientifically implausible data, the Adminis- the number of wait list deaths increased 261 difficult burden for many potential donors. By trator cannot make final re-registration deci- percent. Additionally, in 1996, a new name developing a grant program for eligible bene- sions on those products until sufficient time was added to the transplant waiting list every ficiaries, Congress could help increase the has been provided to allow the data to be de- nine minutes. number of living organ donations. veloped, submitted and subsequently evalu- Viable, transplantable organs are provided This legislation would also increase the pay- ated by the Agency. from two primary sources: brain-dead victims ment amount (referred to as the `composite The Administrator is required to issue rules of trauma (cadaveric donation) or living organ rate') by 2.9 percent for renal dialysis services to implement the FQPA properly within one donors. The National Kidney Foundation under Medicare. The current rate has re- year of enactment of this bill. Further, the Ad- (NKF) believes that we have only begun to tap mained essentially unchanged since 1983, ministrator is required to issue guidelines the potential of living organ donation. Sci- and the Medicare Payment Advisory Commis- specifying the kinds of information that will be entists and organ donation proponents alike sion recently expressed concern that quality of required to support the issuance or continu- firmly believe that increasing the frequency of dialysis services may decline if the rate is not ation of a tolerance or exemption from the re- living organ donation would not only increase increased. In recent years, costs have risen in quirements for a tolerance and shall revise the availability of organs but also lessen the relation to the composite rate. In fact, the such guidelines from time to time. transplantation rejection rate and reduce costs independent and nonpartisan Medicare Pay- My bill provides protections, especially to associated with dialysis. ment Advisory Commission (MedPAC) re- small acreage farmers to ensure that they will However, living donors are faced with loss cently expressed concern that without an in- not be left without crop protection tools. This of income attributable to the time away from crease in the payment the quality of dialysis legislation requires the Administrator to report work needed for evaluation, surgery and re- services may decline. to Congress priorities for registering new prod- covery, making it difficult to pay rents, mort- This legislation is supported by the National ucts that will replace products that are being gages and other bills. There are also costs as- Kidney Foundation, American Society of removed from use and expedite the registra- sociated with their donation which are not re- Transplantation, National Renal Administrators tion process. This will allow the farmers to imbursable by Medicare: for example, travel, Association, American Society of Transplant continue to provide a safe, reliable food sup- lodging, meals and child care. I firmly believe Surgeons, American Society of Nephrology, ply. that Congress should take a more proactive American Neprhology Nurses Association, The USDA and EPA are required to assess role in promoting living organ donation by ad- North American Transplant Coordinators Orga- the potential negative trade effects of imple- dressing these financial disincentives. nization, Patient Access To Transplantation menting FQPA. The program will monitor the According to a study by researchers at the Coalition, Renal Physicians Associations. competitive strength of major United States University of North Carolina at Chapel Hill, 24 agricultural commodity sections in the inter- percent of family members indicated that fi- I would also like to thank and express my national marketplace. Such commodity sectors nancial issues kept them from being living appreciation for the ideas and suggestions I include fruits and vegetables, corn wheat, cot- organ donors. Four donors in their study alone received from these organizations. In par- ton rice, soybeans and nursery and forest lost their jobs when they revealed to their em- ticular, I would like to acknowledge the con- products. ployers their plans to be living related donors tributions of Troy Zimmerman and Dolph Mr. Speaker, FQPA must be implemented and the need to have recovery time after sur- Chianchiano with the National Kidney Founda- properly or grave results will occur. My bill gery. tion, Gwen Gampel with the National Renal gives this Congress a chance to do something We need a concerted and well-established Administrators Association, and Kathy Lanza good for the American people and the Amer- policy on living organ donation in this country. Turrisi, Program Director of the Medical Uni- ican Farmer. I urge my colleagues to cospon- We should not only seek to provide the best versity of South Carolina. Together, we have sor this legislation. quality-of-life for our constituents, but also do crafted legislation that will tear down the dis- f so in a fiscally responsible manner. By remov- incentives associated with living organ dona- ing some of the financial disincentives associ- tion. THE LIVING ORGAN DONATION ated with living organ donation, Congress can Mr. Speaker, in the world of organ donation, INCENTIVES ACT OF 1999 ensure better graft survival rates, increase the supply simply does not meet demand. To- number of organs available for transplantation, gether, we need to develop strategies for HON. KAREN L. THURMAN and reduce the costs associated with dialysis greater organ donation. I urge my colleagues OF FLORIDA and repeat transplantation. to join me in cosponsoring this important and IN THE HOUSE OF REPRESENTATIVES That is why today I am introducing the Liv- urgent legislation. ing Organ Donation Incentives Act of 1999. Tuesday, May 18, 1999 This legislation would amend the Family and f Mrs. THURMAN. Mr. Speaker, I never Medical Leave Act (FMLA) to allow living thought that I would come before my col- organ donation to qualify as a reason for tak- RECOGNIZING FLAT STANLEY leagues to discuss the importance of organ ing time off work. This would include time donation. Frankly, it was never an issue until spent for tests, evaluations, travel time and re- seven years agoÐorgan donation was some- cuperation. The FMLA currently covers em- HON. BOB SCHAFFER thing other people did and organ transplants ployers in the private sector with 50 or more OF COLORADO affected other people's families. employees and most public employees at the IN THE HOUSE OF REPRESENTATIVES Well, I am here to tell you that this issue federal, state and local level. Under FMLA, can affect anyone. You never know. employers are required to grant 12 weeks un- Tuesday, May 18, 1999 My husband, John, suffers from Polycystic paid leave in any one calendar year to parents Mr. SCHAFFER. Mr. Speaker, I rise today Kidney Disease. John endured years of dialy- to care for their newborn or newly adopted to recognize Flat Stanley who showed up sis while awaiting a kidney transplant. In 1996, child or a seriously ill child, spouse, or parent today in my office here in Washington, D.C. after waiting three years for a kidney, we fi- and to temporarily disabled workers. This pro- Mr. Stanley was introduced to me by Jessika nally received word that the local organ pro- vision would specify that living organ donation Fretwell, a Student from Laurel Elementary curement organization (OPO) in Gainesville, would qualify as a reason to take leave. In ad- School in Ft. Collins, Colorado. Florida found a matching organ. dition, by singling out living organ donation as In a country where about 5,000 Americans a qualifier for FMLA, Congress can bring Together, Mr. Stanley and Miss Fretwell are die each year because there are not enough much needed attention to the benefits of this trying to see how far and wide Flat Stanley donated livers, kidneys and other organs to go type of donation. can travel in a short period of time. This ex- around, John was clearly one of the lucky In addition, this legislation would allow the periment, I understand, is being conducted as ones. Secretary of Health and Human Services part of a classroom activity in Miss Cooper's The sad fact is that the disparity between (HHS) to develop a grant program to aid indi- Class. the supply and demand of organs available for viduals with the high costs associated with liv- I hereby certify, Mr. Speaker, that Flat Stan- transplant contributes to the deaths of eleven ing organ donation. Medicare currently pays ley arrived in Washington, D.C. today. Should people daily. This is not just a problem, this is for the costs associated with a number of solid any of our colleagues wish to meet him, they a health care crisis. Between 1988 and 1996, organ transplants. However, Medicare does may inquire about his status at my office. the number of people on the waiting list for an not cover the costs of travel, lodging, child There, Mr. Stanley will be resting for most of organ transplant increased by 312 percent and care, etc. These costs can be an extremely Wednesday. E1010 CONGRESSIONAL RECORD — Extensions of Remarks May 18, 1999 INTRODUCTION OF THE FEDER- IN SPECIAL RECOGNITION OF BOB ations in Kosovo. The request was $6.9 billion ALLY IMPACTED SCHOOL IM- AND LOUISE VOELZKE ON THE above the President's request which by all ac- PROVEMENT ACT OCCASION OF THEIR FIFTIETH counts was more than adequate to fund our WEDDING ANNIVERSARY mission overseas. H.R. 1664 was presented to this body under a restrictive rule that limited HON. J.D. HAYWORTH HON. PAUL E. GILLMOR the Minority's opportunities to perfect the bill. For this reason I opposed the rule. OF ARIZONA OF OHIO IN THE HOUSE OF REPRESENTATIVES While the rule was passed, it did allow IN THE HOUSE OF REPRESENTATIVES some Democratic amendments. One of those Tuesday, May 18, 1999 amendments was the Obey amendment which Tuesday, May 18, 1999 Mr. GILLMOR. Mr. Speaker, I rise today to restored $1.5 billion to the budget surplus that Mr. HAYWORTH. Mr. Speaker, today I intro- recognize a very special couple from Ohio's the Committee bill removed to fund the con- Fifth Congressional District. Mr. Speaker, on struction of military projects overseas. The duced the Federally Impacted School Improve- Saturday, May 15, 1999, in the presence of Obey amendment made increases in military ment Act with my good friend from North Da- many of their family members, neighbors, and pay and effectively dealt with the issue of re- kota, Congressman Earl Pomeroy. This bipar- friends, Bob and Louise Voelzke celebrate a tirement by not making it subject to future leg- tisan legislation seeks to address the urgent milestone day in their lives. On May 15, at the islation. The Obey measure also provided school construction needs on federal lands, an Ballville Community Hall in Fremont, Ohio, funds for disaster assistance for the victims of issue I have championed since I was first Bob and Louise celebrate their fiftieth wedding Hurricane Mitch. elected to Congress. anniversary. The Obey amendment was defeated along As you know, Mr. Speaker, the federal gov- Mr. Speaker, the celebration of the sanctity with other amendments that sought to restore of marriage is one our most cherished and funds to the budget surplus. Even though the ernment has jurisdiction over schools in three time-honored traditions. Throughout the ages, Obey amendment failed, I voted for H.R. 1664 casesÐIndian reservations and military instal- husbands and wives have reaffirmed their during final passage. When our troops, our lations, which are funded through the Impact trust, faith, and, most importantly, love for sons and daughters, are engaged in military Aid program, and the federal enclave of the each other on their wedding anniversaries. On conflict overseas, we must lay aside our par- District of Columbia. Unfortunately, the federal this most treasured day, we, as their friends, tisan differences and give them the financial government has failed to live up to its obliga- neighbors, coworkers, and family members, and moral support they need. While the Major- tions to federally impacted schools, especially have the opportunity to recognize them for ity failed to do this and used H.R. 1664 to in Indian country. their commitment, their sharing, and their love fund pork projects abroad, I felt compelled to for each other. rise above Party and vote for my country by Nearly one in four of my constituents are The day on which two people are united in casting my vote in support of H.R. 1664. I Native American and approximately 50 per- marriage is much more than simply a cere- voted for our troopsÐour sons and daughters cent of the land mass in my district is tribal mony, with wedding vows and the exchanging who willingly lay their lives on the line for our land. On several occasions, I have had the of rings. It is the true union of two individuals national security and for freedom. opportunity to visit my Native American con- who then become one, inseparable entity. It is f stituents. Virtually everywhere I go, I find one the common bond and an unwavering dedica- common problem on the reservations: the tion to each other than will help the marriage ENSURE ACCOUNTABILITY WITH THE FEDERAL SHARE OF THE schools are antiquated, overcrowded, and in through good times and bad. TOBACCO SETTLEMENT dire need of repair or reconstruction. Mr. Speaker, for the past fifty years, Bob and Louise Voelzke have shown how love, The Federally Impacted School Improve- compassion, and conviction are the corner- HON. ROBERT A. WEYGAND ment Act begins to address this desperate sit- stones of their long and lasting marriage. Their OF RHODE ISLAND uation by authorizing $50 million to be spent strong commitment to each other is an exam- IN THE HOUSE OF REPRESENTATIVES on repair, renovation, and construction in our ple for each of us to follow. Tuesday, May 18, 1999 federally impacted school districts. As you Mr. Speaker, at this time, for myself and the may know, Impact Aid school construction is members of the 106th Congress, I would ask Mr. WEYGAND. Mr. Speaker, I rise today to currently funded through Section 8007. This my colleagues to stand and join me in paying express my extreme disappointment with the inclusion of a particular legislative provision program received a paltry $7 million in fiscal special tribute to Bob and Louise Voelzke on the occasion of their fiftieth wedding anniver- within the conference report for the FY 1999 year 1999, which could have built the equiva- Emergency Supplemental Appropriations Bill. lent of one school. There is certainly a need sary. May the love and happiness they have found stay with them far into the future. Again, This legislative rider, attached to the appro- for more than one new school in my district best wishes and congratulations on fifty won- priations legislation in the other body and ap- alone. In fact, I testified before the House Ap- derful years together. proved by the conference committee, prohibits propriations Subcommittee on Labor, HHS, f the federal government from recovering any of and Education in 1998 about the importance the federal share of the master settlement of school construction funding for federally im- REGARDING ROLLCALL VOTES ON reached between the states and the tobacco pacted schools and included documentation of H.R. 1664 industry. When the states brought their indi- nearly $180 million in needed school construc- vidual cases against the tobacco industry, they tion funding in just five of my 23 federally im- HON. JUANITA MILLENDER-McDONALD did so to recover certain health care costs, in- cluding Medicaid costs. Since the federal gov- pacted school districts. This problem is not OF CALIFORNIA IN THE HOUSE OF REPRESENTATIVES ernment pays a portion of these costs, I be- isolated to my district. Almost every federally lieve the federal government has a right to de- impacted school district faces similar prob- Tuesday, May 18, 1999 termine which activities it should fund with its lems. Ms. MILLENDER-MCDONALD. Mr. Speaker, share of the settlement. While I believe the Mr. Speaker, this legislation represents a we were elected to the ``people's House,'' federal government should return the federal start in improving the schools on military and without question the most deliberative body in share to the states, it should only be done if Indian lands. But this is only a beginning. We the world. As such, when legislation comes to the federal share is spent on tobacco control need to show our commitment to our military the floor of this House, Members should have and other programs which seek to improve the every opportunity to amend and perfect it be- public health. and Native Americans, who have long been fore we pass it on to the Senate. It is our duty. This rider does nothing to ensure that any neglected by the federal government. We It is our obligation. money form the settlement is spent on impor- must live up to our obligations to educate chil- Last Thursday, the Republican Leadership tant anti-smoking programs and public health dren on federal land. I urge my colleagues to in the House presented H.R. 1664, the programs. This is wrong. In my view, returning support the Federal Impacted School Improve- Kosovo and Southwest Asia Emergency Sup- the federal share to the states without proper ment Act. plemental Appropriations Act of 1999. The accountability abdicates our duty to ensure measure provided $12.9 billion for emergency this federal money is invested and spent wise- spending to support the ongoing military oper- ly. Throughout the country, governors, state CONGRESSIONAL RECORD — Extensions of Remarks E1011 legislatures and citizens are debating how Alliance are similar. The Alliance generally human rights abuses. I thank Mrs. Carter for their settlements should be spent. While a supports the clean air targets that EPA has the support and encouragement her visit will great deal of these proposals may be admi- proposed, including cars and trucks meeting bring to The Genesis Club. rable, some are not targeted to improving the same average standards for nitrogen ox- Therefore, I rise today both in tribute of The health care and control tobacco, as intended ides. Genesis Club of Worcester, Massachusetts, by the settlement. The Alliance companies operate 255 manu- and their efforts on behalf of those suffering According to the Campaign for Tobacco facturing facilities in 33 states. They produce from mental illness, and former First Lady Free Kids, approximately 5,000 children in more than 90% of all new vehicles sold each Rosalynn Carter, who, by her visit, honors Rhode Island each year become new daily year in the United States. both my district and The Genesis Club. smokers and 35% of high school students The Alliance stands ready to provide its smoke. Nearly one million packs of cigarettes views and comments on automotive concerns f are sold to minors in Rhode Island each year. to Members of Congress as we debate issues MEDICARE REHABILITATION BEN- If current trends continue, it is estimated that of importance to the industry and consumers. EFIT IMPROVEMENT ACT OF 1999 23,000 of Rhode Island's children will later die It has a dedicated staff of professionals, led by from smoking. On behalf of the children in my Josephine Cooper, who have a long record of state and the countless children and adults experience and knowledge of automobile HON. BENJAMIN L. CARDIN throughout this nation who are negatively im- issues. OF MARYLAND pacted by smoking, I urge the fifty governors, A key component to developing good public IN THE HOUSE OF REPRESENTATIVES state legislators and citizens to work together policy is having an open dialogue with groups Tuesday, May 18, 1999 to ensure this federal money is invested wisely impacted by our decisions. We are confident Mr. CARDIN. Mr. Speaker, I rise along with in tobacco control and public health. that the Alliance and its member companies my colleagues FRANK PALLONE, JIM MCCRERY, f will play a vital role in developing creative and constructive solutions to the issues before the and RICHARD BURR, to introduce the Medicare THE FORMATION OF THE ALLI- Congress. Rehabilitation Benefit Improvement Act of ANCE OF AUTOMOBILE MANU- f 1999. This legislation is an urgently needed, FACTURERS common sense approach that will help repair IN HONOR OF THE GENESIS CLUB a damaging provision passed by Congress HON. FRED UPTON AND THE VISIT OF MRS. nearly two years ago. ROSALYNN CARTER In recent years, cost pressures on the Medi- OF MICHIGAN care program have resulted in Congress im- HON. DALE E. KILDEE HON. JAMES P. McGOVERN posing $115 billion in cuts on the Medicare OF MICHIGAN OF MASSACHUSETTS program through the Balanced Budget Act of IN THE HOUSE OF REPRESENTATIVES IN THE HOUSE OF REPRESENTATIVES 1997. As a result, we have seen sharp reduc- tions in payments for the elderly's care. Some Tuesday, May 18, 1999 Tuesday, May 18, 1999 of these cuts can be absorbed by our health Mr. UPTON. Mr. Speaker, as the co-chairs Mr. MCGOVERN. Mr. Speaker, I rise today care system. Others, however, cannot, and of the Congressional Automobile Caucus, we in tribute to The Genesis Club of Worcester, are having a devastating impact on the quality rise to recognize the newly formed Alliance of Massachusetts and note the visit on May 19, of patient care being delivered to the most Automobile Manufacturers on the occasion of 1999, of former First Lady Rosalynn Carter to frail, sickest Medicare beneficiaries. The Con- the inaugural meeting of its Board of Directors. the club. gressional Budget Office has just reported that In Washington today, we hear a lot about The Genesis Club was founded in 1988 by actual BBA cuts to Medicare will exceed by reinvention. The Alliance is a perfect example a small group of local business leaders and billions of dollars what Congress intended for of a major industry ``reinventing'' itself to re- professionals whose family members were the five years from 1998 through 2002. It is flect new world realities. The American auto struggling with mental illness. Since its found- time to look at what Congress actually did, industry has undergone a remarkable trans- ing, The Genesis Club has developed a com- and where appropriate, make necessary formation in the past few years with the merg- prehensive model of support and rehabilitation changes. ers and alliances between U.S. manufacturers in which participants are not patients or cli- BBA imposed annual $1,500 caps on Part B and manufacturers around the globe. While its ents, but members who participate fully in outpatient rehabilitative servicesÐone for predecessor organization was composed of management, employment, and therapeutic physical therapy and speech-language pathol- solely U.S. companies, the new Alliance em- services and programs. The Genesis Club ogy, and one for occupational therapyÐpro- bodies the global market place, with 10 mem- works to encourage and empower individuals vided outside the hospital setting. In practice, ber companies from around the globe. with mental illness to function and maintain these limits ignore a patient's clinical require- The Alliance of Automobile Manufacturers, independence in their living, working, and so- ments and restrict care for those who suffer an international coalition of car and light truck cial environments. Since its founding ten years from the most debilitating diseases, such as manufacturers, was formed this past January. ago, The Genesis Club has helped more than stroke, hip fracture, or ALS, and those who The member companies include BMW, 800 individuals cope with mental illness incur multiple injuries in a given year. And be- DaimlerChrysler, Fiat, Ford, General Motors, through its supportive atmosphere, which fos- cause the caps are not adjusted for cost vari- Mazda Nissan, Toyota, Volkswagon, and ters vocational and social development, em- ations across the nation, they disproportion- Volvo. The new trade association created by braces individuals, and leads to personally ately harm beneficiaries in high cost areas. Fi- this powerful Alliance of automobile manufac- satisfying and socially productive lives. I and nally, because the new consolidated billing turers promises to be an organization that is my fellow residents of Worcester and the Third rules imposed by BBA require all filing for pa- nimble enough to respond to rapidly changing Congressional District of Massachusetts are tients in skilled nursing facilities to be done by issues that reach across the ever-shrinking understandably proud of The Genesis Club, the facility itself, those facilities that provide global marketplace. their programs, and their accomplishments. adequate therapy services to their sickest pa- Members of the Alliance have gone on the On May 19, 1999, The Genesis Club will tients feel the brunt of the payment limits. public record as committed to developing con- warmly welcome former First Lady Rosalynn When BBA was being written and debated, structive approaches. Moreover, the Alliance Carter, who, throughout her public service ca- Congress held no hearings to examine what pledges to work with government and other reer, has been a driving force in the field of the impact of these arbitrary limits might be on stakeholders to find sensible and effective so- mental health. It was while Mrs. Carter was patient care. The caps were a crude budget lutions to shared concerns. We have already serving as active honorary chair of the Presi- cutting measure designed to deliver savingsÐ witnessed this constructive approach to dent's Commission on Mental Health during $1.7 billion over five years. And in that regard, issues. On May 1, President Clinton unveiled the Carter Administration that the Mental they were successful. The therapy caps were EPA's proposed ``Tier 2'' standards to reduce Health System Act of 1980 was passed. In ad- implemented on January 1, 1999. Since that vehicle emissions and sulfur content in fuel. dition, in 1982, President and Mrs. Carter time, I have heard that in my district, some Prior to this announcement, the Alliance had founded the Carter Institute, which strives to Medicare beneficiaries in SNFs have already called for reduction in nitrogen oxide emis- relieve suffering in our country and around the exceeded their limit. Some estimates indicate sions and sulfur-free fuel to provide cleaner world by focusing on the cause and con- that one of every six beneficiaries who receive cars and cleaner air. EPA's proposal and the sequences of war, hunger, poverty, and rehabilitative care outside E1012 CONGRESSIONAL RECORD — Extensions of Remarks May 18, 1999 a hospital setting will need in excess of $1,500 making their communities both proud and REPORT FROM PENNSYLVANIA in services in a given year. The Health Care strong. HONORING SCHNECKSVILLE COM- MUNITY FIRE COMPANY Financing Administration's own words in the Mr. Speaker, it is with tremendous pride that regulation implementing the cap, from the I rise to pay tribute to eight young African- Federal Register of November 2, 1998, illus- American gentlemen in my district who are HON. PATRICK J. TOOMEY trate the problem: OF PENNSYLVANIA The $1,500 limits will reduce the amount of using their energy, talent, and intelligence to IN THE HOUSE OF REPRESENTATIVES therapy services paid for by Medicare. The serve others in their community. I truly believe patients most affected are likely to be those that their accomplishments have cut through Tuesday, May 18, 1999 with diagnoses such as stroke, certain frac- the dark and gloomy media depictions of Afri- Mr. TOOMEY. Mr. Speaker, I rise today to tures, and amputation, where the number of can-American males. therapy visits needed by a patient may ex- deliver my Report from Pennsylvania. Today, ceed those that can be reimbursed by Medi- Mr. John Kemp, Mr. Brandon Collier, Mr. I would like to share with my colleagues and care under the statutory limits. Services not Clayton Redmon, Mr. William Hudson, Mr. B.J. the American people the remarkable efforts of paid for by Medicare, however may be paid Armstrong, Mr. Rodrick Coaxum, Mr. Zandrian individuals in Schnecksville, Pennsylvania. for by other payers. Harp, and Mr. Andre Griffin are all members of All across the Lehigh Valley, my wife, Kris, But what about Medicare enrollees who ``Black Original Individuals.'' Better known as and I meet so many wonderful people. We learn of and hear about amazing individuals cannot afford high-priced supplemental insur- BOI, they formed this organization from a part who strive day and night to make our commu- ance policies to cover the balances? Clearly, of an entertainment group already established some relief is necessary so that all patients nities better places to live. called Dream Entertainment. with serious conditions have access to ade- I like to call these individuals Lehigh Valley quate therapy services and the opportunity to BOI has been designed by these young Heroes. Lehigh Valley Heroes make a dif- resume normal activities of daily living. men to take the social and financial benefits of ference by helping their friends and neighbors. In the last Congress, I introduced bipartisan hosting parties and turn them into a business Mr. Speaker, everyone involved with the legislation that would eliminate the arbitrary practice that serves them and their community Schnecksville Community Fire Company are therapy cap and instead pay for outpatient re- in a positive manner. Besides teaching them Lehigh Valley Heroes. habilitative services based on the patient's di- successful business skills, their operation is a This weekend, the Schnecksville Fire Com- agnosis. But Congress adjourned without hold- great example of teamwork, strategic planning, pany will celebrate 75 years of service to their community. For this reason, I would like to ing hearings on that bill. This year, we are be- communications skills, and volunteerism. I am ginning to witness the consequences of our commend and applaud their effortsÐboth past confident that these young men will continue failure to act. So today, I am pleased to join and presentÐin making our community a bet- to apply these lessons throughout their lives. my colleagues in sponsoring the ``Medicare ter place. Rehabilitation Benefit Improvement Act,'' Mr. Speaker, what is particularly notable of Mr. Speaker, this concludes my Report from which is specifically designed to provide relief their work is that they have been using the Pennsylvania. to beneficiaries who need greater levels of profits to fund future enterprises and use the Mr. Speaker, I insert the following for print- care. This bill creates limited exceptions to the rest of the money to set up a scholarship fund ing in the RECORD: $1,500 cap so that those patients who need that will be open on a community-wide basis THE 1998 SCHNECKSVILLE FIRE TEAM additional care the most will be able to con- for minorities. This is a great example of hum- Richard Ruch, Keith Fenstermacher, Asst. tinue to receive it. The bill also requires the ble and positive individuals giving back to oth- Engineer; Steve Fetherolf, Lieut.; Todd Secretary of HHS to study the impact of this ers. Kern, Asst. Chief; Keith Zehner, Asst. Chief; legislation on beneficiaries and to develop al- Jason Zellner, Ronald Paulus, Scott Gicking, ternatives to the $1,500 limits. This will help Mr. Speaker, not too long ago some high Rev. Michael Bodnyk, Chaplain; Ronald Dun- Congress determine if the caps for rehabilita- school students in my area had an experience stan, Engineer; Tim Henry, Marvin Belles, tive therapy services should continue. contrary to the gentlemen I cite today. During Nelson Fogle, Lieut.; Tom Hourt, Captain; This legislation is a common sense ap- the fall, hundreds of students disrupted parts Ronald Stahley, Chief; Keith Stahley, Charles Weidaw, Daniel Wehr, Jody Blose, proach that will permit Medicare patients who of the Dallas area with dangerous underage Brad Petrahoy. need intensive therapy services to secure the drinking, noise violations, littering and basic FIRE POLICE appropriate level of care for their conditions. It disrespect for our community. Nelson Fogle, Karl Haas, Fire Police Cap- has the strong endorsement of several organi- I would like people to focus on these gentle- tain; Roy Kern, Fire Police Lieut.; Glenn zations, including the American Health Care men as a contrast to the youth that I just men- Stahley, Ronald Paulus, Robert Bold, Dennis Association, the American Occupational Ther- tioned. Instead of destructive parties, BOI has Oels apy Association the American Speech-Lan- controlled and safe settings where fun is the NORTH WHITEHALL TOWNSHIP RESCUE SQUAD guage-Hearing Association, the National Asso- Ron Rutt, Rescue Lieut; Tom Hourt, Res- ciation of Rehabilitation Agencies, and the Pri- focus. Instead of violating the law, BOI works within the parameters of rules. Instead of lit- cue Lieut.; Ronald Stahley, Rescue Capt.; vate Practice Section of the American Physical Steve Fetherolf, Scott Gicking, Ronald Pau- Therapy Association. I urge my colleagues to tering our community with beer cans and lus, Richard Ruch, Marvin Belles, Keith join me in support of this essential measure to spreading bottles across lawns, BOI is spread- Fenstermacher, Charles Weidaw, Charles restore adequate therapy outpatient rehabilita- ing a message of positive change and service Eckhart, Todd Kern, Nelson Fogle, Keith tive coverage to those beneficiaries most in throughout our community. Zehner, Daniel Wehr, Robert Rudelitch, Gary need. Cederberg, Jamie Ebert, Mark Kaintz, Kenny Mr. Speaker, some of these young men, Mr. Reimert, Jim Steward, Gary Frederick. f Collier and Mr. Redmon in particular, will be 75TH ANNIVERSARY COMMITTEE REGARDING BLACK ORIGINAL heading to college. As they prepare to write George Wessner, Harold Ruch, Rose Bobin, INDIVIDUALS what I am sure will be another successful Eleanor Kressley, Carol Wessner, Faye Ruch, chapter in their lives, they are also passing John Schaeffer, Delores Wehr, Jean Horwith, HON. EDDIE BERNICE JOHNSON down their business lessons to the youngest Betty Moll, Ron Nederostek, Bernie of their members. I commend Mr. Collier and Molchany, Eva Feinour, Sandy Bradley, OF TEXAS Marie Bittner, Betty Holler, Nancy Kern, IN THE HOUSE OF REPRESENTATIVES Mr. Redmon for teaching the young for the Roy Kern, Wayne Moll, Nelson Fogle, Terry benefit and sustenance of the group as a Tuesday, May 18, 1999 Dunbar, Ellsworth Meckel, Dennis Bittner, whole. Quite often we hear about the success- Richrd Solt, Kathy Ruch, Richard Ruch, Ms. EDDIE BERNICE JOHNSON of Texas. ful, both young and old, forgetting to pass their Diane Fries, Eleanor Stettler, June Mr. Speaker, in a time where our young Afri- lessons and experiences to those who will Handwerk. can-American males are depicted in the news come after them. I am pleased that this is not OFFICERS 1924 TO 1998 as at-risk youth, criminals, drug dealers, and the case with the members of BOI. PRESIDENTS’ NAMES AND YEARS SERVED high school dropouts, we forget that there are On behalf of the constituents of the 30th J. Eric Linde, 1924–1941. positive young men among them who are Victor Haas, 1942–1945. changing their environment for the better. As congressional district, I thank BOI for their David Klotz, 1946. a matter-of-fact, many young African-American service to our community and wish them con- Raymond Baer, 1947–1948, 1950–1951. males are succeeding in our society and are tinued success. Warren Rohrback, 1949. CONGRESSIONAL RECORD — Extensions of Remarks E1013 Mosby Heinly, 1952. Willard Holben, 1964–1966. Roger Yorgey, 1982–1983. Ellsworth Meckel, 1953, 1967–1972, 1982. Thomas Dennis, 1966, 1971. Richard Ruch, 1984, 1986. Robert Heinly, 1954. Harold Schoch, 1967–1969. Milt Brown, 1985–1986. Carl Correll, 1955. Zolton Papp, 1967–1968. Tom Hourt, 1987–1988. Wayne Moyer, 1956–1957. Stanley Traub, 1967. Wilson Klotzman, 1988–1993. Donald Hersh, 1958. David Schneck, 1969–1970, 1973. Keith Zehner, 1988–1991, 1993–1999. Paul Schneck, 1959. Frank Kovacs, 1970. Josh Bingham, 1992. John J. Meckel, 1960. David Samuels, 1971–1972. Todd Kern, 1994–1999. Russel Grim, 1961–66. Gordon Werley, 1972. FINANCIAL SECRETARIES’ NAMES AND YEARS Gordon Werley, 1973–75. Robert Haberern, 1973. Ted Rothrock, 1976–1978, 1980–1981, 1983– Warren Follweiler, 1973–1975. SERVED 1986, 1997–1999. David Schneck, 1973. John J. Meckel, 1924–1926. John Schaeffer, 1979, 1988–1989. Harold Ruch, 1974. Homer Frey, 1927–1938. Karl Haas, 1987. Zolton Papp, 1976, 1978. Walter Best, 1939–1943. Robert Gibiser, 1990–1994. Harold Schoch, 1977. Donald Best, 1944–1945. John Ruch, 1995–1996. Donald Briam, 1979. Raymond Baer, 1946–1953. Dean Lobach, 1980–1981. VICE PRESIDENTS’ NAMES AND YEARS SERVED Jacob Weber, 1947–1948. Danny Yankovich, 1982. Ellsworth Meckel, 1949–1952. Stanley Peters, 1924. Karl Haas, 1982–1986, 1988, 1997–1999. William Long, 1924. Wayne Moyer, 1954–1955. Jody Blose, 1983–1986, 1989, 1992. Carl Carroll, 1956. M.D. Wehr, 1924–1926. Richard Ruch, 1987–1988. Asa M. Stopp, 1924–1925. Donald Bittner, 1957–1959, 1963. Gordon Steigerwalt, 1987. Harold Schoch, 1960–1962, 1967–1970. Wilson Shankweiler, 1924. Edward Frack, 1989–1992. William Heiney, 1925–1932, 1951. Warren Follweiler, 1964. Keith Zehner, 1990–1991. Carl Madtes, 1965–1966. Guy Kohler, 1925–1944. Wilson Klotzman, 1993, 1996. John Schaeffer, 1971–1974. Wilson Schuler, 1925, 1927–1945. Gary Kressley, 1993. Frederic Xander, 3 Mos. 1973. Steward Peters, 1926. Jack Ruch, 1994. Lee Merkel, 1975–1979. Preston Holben, 1926. Betty Moran, 1994–1995. William Peters, 1927–1941. Eva Feinour, 1995. Mervin Peters, 1980. Homer Frey, 1927–1928. Emory Minnich, 1996. John Ruch, 1981. John Henninger, 1928–1932. Paul Schwarz, 1997–1998. Keith Stahley, 1982–19987. Howard Heinly, 1929–1932. Todd Kern, 1999. John Strauss, 1988. Walter E. Bittner, 1933–1942. Mike Bennett, 1990–1991. FIRE CHIEFS’ NAMES AND YEARS SERVED Malcolm Hummel, 1942. Dennis Oels, 1992–1996. Donald Best, 1942–1943. Preston Holben, 1924–1928. Bea Kuntz, 1997–1999. Richard Reitz, 1942. Guy Kohler, 1929–1943. TREASURERS’ NAMES AND YEARS SERVED Ellsworth Meckel, 1943, 1954, 1956, 1958, Mosby Heinly, 1944–1954. 1975–1981. Nelson Tyson, 1955–1977. Alphenus Guldner, 1924–1948. Theodore Rau, 1943. David Samuels, 1978–1986. David Klotz, 1949–1958, 1967–1974. David Klotz, 1944–1948. Milt Brown, 1987–1988. Ellsworth Meckel, 1959–1966. Raymond Baer, 1944–1945, 1948–1949. Ron Stahley, 1988–1999. Harold Ruch, 1975–1979, 1987–1989. Wm. J.D. Heintzelman, 1945. ASSISTANT FIRE CHIEFS’ NAMES AND YEARS Randy Stahley, 1980–1985. Fred Dotterer, 1945. SERVED Kathy Lindenmoyer, 1990–1996. Shirley Bachert, 1997–1999. Franklyn Bittner, 1945. Ralph Rabert, 1924–1944. Walter Best, 1946–1950. Guy Kohler, 1924–1928, 1944. RECORDING SECRETARIES’ NAMES AND YEARS Victor Haas, 1946. John Henninger, 1928–1932. SERVED Wilmer Stahley, 1946. Fred Heinly, 1929–1932. Frank W. Bechtel, 1924–1927. Willis Smoyer, 1947–1950. Wilson Schuler, 1933–1941. Edwin K. Greenawald, 1928–1930. Warren Rohrback, 1948, 1957. Ellsworth Meckel, 1942–1943, 1945. Roy Schneck, 1931–1932. Jacob Weber, 1950. Raymond Baer, 1945–1946, 1949, 1951–1961. William Heinly, 1933–1946. Henry Musselman, 1951–1953. Raymond Krause, 1946–1948, 1950–1956, 1958. Robert Heinly, 1947–1960. Mosby Heinly, 1951–1953. Frank Kovacs, 1947. Russel Grim, 1949–1960. John J. Meckel, 1952–1963. Roy Smoyer, 1948–1949. Erwin Warmkessel, 1961–1963. Raymond Krause, 1952. Philip Anthony, 1950. Russell Rader, 1964. Roy Smoyer, 1954. Nelson Tyson, 1954. Warren Follweiler, 1965–1967. Leroy Krause, 1955–56, 1961. Wayne Moyer, 1957, 1961–1966. James Kohler, 1968–1975. Mike Kondravy, 1955. Paul Schneck, 1959–1962. Paul Schwarz, 1976–1992. William Jones, 1957–1958. Russell Rader, 1963. Delores Wehr, 1993–1996. John Liscka, Jr., 1959. Warren Follweiler, 1964–1969. Elsie Schwarz, 1997–1999. Earl Warmkessel, 1959. Floyd Fenstermaker, 1967–1970. William Schock, 1960. David Schneck, 1970–1972. MEMBERSHIP SECRETARIES’ NAMES AND YEARS Wayne Moyer, 1960–1962. Stanley Bruder, 1971–1973. SERVED Stewart Helfrich, 1960. David Samuels, 1973–1974. Joseph Horwith, 1975–1985. Donald Bittner, 1962. Robert Newhard, 1974. Robert Gibiser, 1986–1989. Donald Kern, 1963, 1965. Russ Fetherolf, 1975–1976. Ray Saltzman, 1990–1991. Warren Follweiler, 1963, 1973–1974. Keith Stahley, 1977–1981. Roy Kern, 1992–1997. Russell Rader, 1964. Ron Stahley, 1978–1985, 1987. Faye Solt, 1999. Tuesday, May 18, 1999 Daily Digest Senate and punish and deter violent gang crime, taking ac- Chamber Action tion on the following amendments proposed thereto. Routine Proceedings, pages S5437–S5505 Pages S5466±79 Measures Introduced: Eleven bills and one resolu- Adopted: tion were introduced, as follows: S. 1063–1073, and By 85 yeas to 13 nays (Vote No. 121), Lott (for Allard) Amendment No. 351, to allow the erecting S. Res. 103. Pages S5483±84 of an appropriate and constitutional permanent me- Measures Reported: Reports were made as follows: morial on the campus of any public school to honor H.R. 1034, to declare a portion of the James students and teachers who have been murdered at River and Kanawha Canal in Richmond, Virginia, to the school and to allow students, faculty, and admin- be nonnavigable waters of the United States for pur- istrative staff of a public school to hold an appro- poses of title 46, United States Code, and the other priate and constitutional memorial service on their maritime laws of the United States. Page S5483 campus to honor students and teachers who have Measures Passed: been murdered at their school. Pages S5468±69, S5473 By 78 yeas to 20 nays (Vote No. 122), Kohl/ National Missile Defense Act: Senate passed Hatch/Chafee Amendment No. 352, to amend chap- H.R. 4, to declare it to be the policy of the United ter 44 of title 18, United States Code, to require the States to deploy a national missile defense, after provision of a secure gun storage or safety device in striking all after the enacting clause, and inserting connection with the transfer of a handgun. in lieu thereof the text of S. 257, Senate companion Pages S5467±68, S5473±74 measure, as amended, and as passed the Senate on By 85 yeas to 13 nays (Vote No. 123), Hatch/ March 17, 1999. Page S5504 Feinstein Amendment No. 353, authorizing funds Public Safety Medal of Valor Act: Senate passed for programs to combat gang violence. Pages S5470±72, S5474 S. 39, to provide a national medal for public safety By 80 yeas to 17 nays, 1 member responding officers who act with extraordinary valor above and present (Vote No. 124), Byrd/Kohl Amendment No. beyond the call of duty. Pages S5504±05 339, to provide for injunctive relief in Federal dis- Y2K Act: Senate continued consideration of a mo- trict court to enforce State laws relating to the inter- tion to proceed to the consideration of S. 96, to reg- state transportation of intoxicating liquor. ulate commerce between and among the several Pages S5472±75 States by providing for the orderly resolution of dis- Feinstein Modified Amendment No. 354, to mod- putes arising out of computer-based problems related ify the laws relating to interstate shipment of intoxi- to processing data that includes a 2-digit expression cating liquors. Pages S5473, S5475 of that year’s date. Pages S5437±43, S5460 Rejected: During consideration of this measure today, Senate Wellstone Amendment No. 359, to limit the ef- also took the following action: fects of domestic violence on the lives of children. By 53 yeas to 45 nays (Vote No. 120), three-fifths (By 55 yeas to 44 nays (Vote No. 125), Senate ta- of those Senators duly chosen and sworn, not having bled the amendment.) Pages S5476±77 voted in the affirmative, Senate failed to agree to By 26 yeas to 73 nays (Vote No. 126), Sessions close further debate on the motion to proceed to the (for Ashcroft) Amendment No. 348, to encourage States to prosecute violent juveniles as adults for cer- consideration of the bill. Page S5442 tain offenses involving firearms. Pages S5476±78 Juvenile Justice: Senate resumed consideration of S. Pending: 254, to reduce violent juvenile crime, promote ac- Frist Amendment No. 355, to amend the Individ- countability by rehabilitation of juvenile criminals, uals with Disabilities Education Act and the Gun- Free Schools Act of 1994 to authorize schools to D543

VerDate 06-MAY-99 07:05 May 19, 1999 Jkt 069061 PO 00000 Frm 00001 Fmt 0627 Sfmt 0627 E:\CR\CRI\D18MY9.REC D18MY1 PsN: D18MY1 D544 CONGRESSIONAL RECORD — DAILY DIGEST May 18, 1999 apply appropriate discipline measures in cases where Adjournment: Senate convened at 9:30 a.m., and students have firearms. Page S5467 adjourned at 6:44 p.m., until 10 a.m., on Wednes- Wellstone Amendment No. 356, to improve the day, May 19, 1999. (For Senate’s program, see the juvenile delinquency prevention challenge grant pro- remarks of the Acting Majority Leader in today’s gram. Page S5467 Record on page S5505.) Sessions/Inhofe Amendment No. 357, relating to the placement of a disclaimer on materials produced, Committee Meetings procured or disseminated as a result of funds made available under this Act. Page S5467 (Committees not listed did not meet) Wellstone Amendment No. 358, to provide for NOXIOUS WEEDS AND PLANT PESTS additional mental health and student service pro- Committee on Agriculture, Nutrition, and Forestry: Sub- viders. Page S5467 committee on Forestry, Conservation, and Rural Re- Hatch (for Santorum) Amendment No. 360, to vitalization concluded hearings on S. 910, to stream- encourage States to incarcerate individuals convicted line, modernize, and enhance the authority of the of murder, rape, or child molestation. Page S5467 Secretary of Agriculture relating to plant protection Ashcroft Amendment No. 361, to provide for and quarantine, after receiving testimony from Sen- school safety and violence prevention and teacher li- ator Akaka; Craig A. Reed, Administrator, Animal ability protection measures. Page S5467 and Plant Health Inspection Service, and Robert A unanimous-consent agreement was reached pro- Lewis, Deputy Chief for Research and Development, viding for further consideration of Amendment Nos. Forest Service, both of the Department of Agri- 357, 358, 360 and 361, on Wednesday, May 19, culture; William Brown, Secretary’s Science Advisor, 1999, with votes to occur thereon, at 1 p.m. Office of the Secretary, Department of the Interior; Pages S5475±76 Virginia State Senator John C. Watkins III, Messages From the President: Senate received the Midlothian, on behalf of the American Nursery and following messages from the President of the United Landscape Association; Frank Priestley, Idaho Farm States: Bureau Federation, Boise, on behalf of the American A message from the President of the United States Farm Bureau Federation; Elizabeth A. Chornesky, transmitting, a notice of Continuation of Emergency The Nature Conservancy, Arlington, Virginia; and with Respect to Burma; referred to the Committee Gene B. Cross, North Carolina Department of Agri- on Banking, Housing, and Urban Affairs. (PM–29). culture and Consumer Services, Raleigh, on behalf of the Weed Science Society of America. Page S5481 Nominations Received: Senate received the fol- TELEVISION VIOLENCE lowing nominations: Committee on Commerce: Committee concluded hear- Jack E. Hightower, of Texas, to be a Member of ings on issues relating to the effects of violence in the National Commission on Libraries and Informa- mass media programming, and S. 876, to amend the tion Science for a term expiring July 19, 1999. Communications Act of 1934 to require that the Jack E. Hightower, of Texas, to be a Member of broadcast of violent video programming be limited the National Commission on Libraries and Informa- to hours when children are not reasonably likely to tion Science for a term expiring July 19, 2004. (Re- comprise a substantial portion of the audience, after appointment) receiving testimony from Leonard D. Eron, Univer- sity of Michigan Institute for Social Research, Ann A routine list in the Foreign Service. Page S5505 Arbor; William S. Abbott, National Foundation to Messages From the President: Page S5481 Improve Television, Boston, Massachusetts; Robert Measures Placed on Calendar: Page S5481 L. Corn-Revere, Hogan and Hartson/Catholic Uni- versity of America Columbus School of Law, Wash- Communications: Pages S5481±83 ington, D.C.; James T. Hamilton, Duke University, Petitions: Page S5483 Durham, North Carolina; and Dale Kunkel, Univer- Statements on Introduced Bills: Pages S5484±98 sity of California, Santa Barbara. Additional Cosponsors: Pages S5498±S5500 FEDERAL ROYALTY CERTAINTY ACT Authority for Committees: Page S5502 Committee on Energy and Natural Resources: Sub- committee on Energy Research, Development, Pro- Additional Statements: Pages S5502±04 duction and Regulation concluded hearings on S. Record Votes: Seven record votes were taken today. 924, entitled the ‘‘Federal Royalty Certainty Act’’, to (Total—126) Pages S5442, S5473±75, S5477±78 codify that royalty value is the value of oil and gas

VerDate 06-MAY-99 07:05 May 19, 1999 Jkt 069061 PO 00000 Frm 00002 Fmt 0627 Sfmt 0627 E:\CR\CRI\D18MY9.REC D18MY1 PsN: D18MY1 May 18, 1999 CONGRESSIONAL RECORD — DAILY DIGEST D545 at the lease, after receiving testimony from Thomas Hearings recessed subject to call. R. Kitsos, Deputy Director, Minerals Management Service, Department of the Interior; Stephen A. Rey- CUSTOMS OPERATIONS EFFECTIVENESS nolds, Wyoming Office of State Lands and Invest- Committee on Finance: Committee resumed oversight ments, Cheyenne; James N. McCabe, City of Long hearings on the enforcement activities of the United Beach, Long Beach, California; and David Blackmon, on behalf of the Independent Petroleum Association States Customs Service, focusing on commercial op- of America, Larry E. Wooden, Shell Exploration and erations, after receiving testimony from Norman J. Production Company, and Al Poe Leggette, Ful- Rabkin, Director, Administration of Justice Issues, bright and Jaworski, all of Washington, D.C. General Government Division, General Accounting Office; Lawrence W. Sherman, University of Mary- GASOLINE SULFUR STANDARDS land, College Park; Michael Chertoff, Latham and Committee on Environment and Public Works: Sub- Watkins, Newark, New Jersey; and a protected wit- committee on Clean Air, Wetlands, Private Prop- ness. erty, and Nuclear Safety held hearings on the Envi- Hearings will continue Tuesday, May 25. ronmental Protection Agency’s proposed sulfur standard for gasoline as contained in the proposed AUTHORIZATION—ELEMENTARY AND Tier Two standards for automobiles, receiving testi- SECONDARY EDUCATION ACT mony from Nettie H. Myers, South Dakota Depart- ment of Environment and Natural Resources, Pierre; Committee on Health, Education, Labor, and Pensions: James D. Austin, New York State Department of Committee resumed hearings on proposed legislation Environmental Conservation, Albany; J. Louis Frank, authorizing funds for programs of the Elementary Marathon Ashland Petroleum, Findlay, Ohio; Loren and Secondary Education Act, receiving testimony K. Beard, DaimlerChrysler Corporation, Auburn from Samuel Halperin, American Youth Policy Hills, Michigan, on behalf of the Alliance of Auto- Forum, and Courtney Adams, Lincoln Multi-Cultural mobile Manufacturers; Rebecca D. Stanfield, U.S. Middle School, both of Washington, D.C.; James E. Public Interest Research Group, Washington, D.C.; Fish, Sherwood High School, Sandy Spring, Mary- Clint W. Ensign, Sinclair Oil Corporation, Salt Lake land; and Hamid Ebrahimi, Project Seed, Inc., Dal- City, Utah; and William E. Nasser, Energy BioSys- las, Texas. tems Corporation, The Woodlands, Texas. Hearings will continue on Thursday, May 20. h House of Representatives Aeronautics and Space Administration for fiscal years Chamber Action 2000, 2001, and 2002 (H. Rept. 106–147); Bills Introduced: 25 public bills, H.R. 1833–1857; H. Res. 175, providing for consideration of H.R. and 4 resolutions, H. Con. Res. 109 and H. Res. 1553, to authorize appropriations for fiscal year 2000 176–178, were introduced. Pages H3294±96 and fiscal year 2001 for the National Weather Serv- Reports Filed: Reports were filed today as follows: ice, Atmospheric Research, and National Environ- H.R. 1654, to authorize appropriations for the mental Satellite, Data and Information Service activi- National Aeronautics and Space Administration for ties of the National Oceanic and Atmospheric Ad- fiscal years 2000, 2001, and 2002, amended (H. ministration (H. Rept. 106–148); and Rept. 106–145); H.R. 1400, to amend the Securities Exchange Act H.R. 1553, to authorize appropriations for fiscal of 1934 to improve collection and dissemination of year 2000 and fiscal year 2001 for the National information concerning bond prices and to improve Weather Service, Atmospheric Research, and Na- price competition in bond markets (H. Rept. tional Environmental Satellite, Data and Information 106–149). Page H3294 Service activities of the National Oceanic and At- Speaker Pro Tempore: Read a letter from the mospheric Administration, amended (H. Rept. Speaker wherein he designated Representative Pease 106–146); to act as Speaker pro tempore for today. Page H3217 H. Res. 174, providing for consideration of H.R. Recess: The House recessed at 1:01 p.m. and recon- 1654, to authorize appropriations for the National vened at 2:00 p.m. Page H3223

VerDate 06-MAY-99 07:05 May 19, 1999 Jkt 069061 PO 00000 Frm 00003 Fmt 0627 Sfmt 0627 E:\CR\CRI\D18MY9.REC D18MY1 PsN: D18MY1 D546 CONGRESSIONAL RECORD — DAILY DIGEST May 18, 1999 Presidential Message—National Emergency Re and appear on pages H3233, H3268–69, and Burma: Read a message from the President wherein H3269–70. There were no quorum calls. he transmitted his notice stating that the emergency Adjournment: The House met at 12:30 p.m. and declared with respect to Burma is to continue in ef- adjourned at 11:30 p.m. fect beyond May 20, 1999—referred to the Com- mittee on International Relations and ordered print- ed (H. Doc. 106–67). Page H3224 Committee Meetings Recess: The House recessed at 2:10 p.m. and recon- FOREST SERVICE—PAYMENT TO COUNTIES vened at 5:07 p.m. Page H3224 Committee on Agriculture: Subcommittee on Depart- Rules Adopted by the Committee on Standards ment Operations, Oversight, Nutrition, and Forestry of Official Conduct: Agreed to publish in the Con- held a hearing to review U.S. Forest Service pay- gressional Record (as contemplated by clause 2(a)(2) ments to counties. Testimony was heard from public of rule XI) of the rules adopted by the Committee witnesses. on Standards of Official Conduct pursuant to clause COMMODITY FUTURES TRADING 2(a)(1) of rule XI, which have duly governed the COMMISSION REAUTHORIZATION proceedings of the Committee since their adoption on January 20, 1999, and subsequent amendment on Committee on Agriculture: Subcommittee on Risk Man- agement, Research and Specialty Crops held a hear- March 10, 1999, and on April 14, 1999. ing on Commodity Futures Trading Commission Re- Pages H3233±40 authorization. Testimony was heard from the fol- Emergency Supplemental Appropriations Con- lowing officials of the Commodity Futures Trading ference Report: By a yea and nay vote of 269 yeas Commission: Brooksley Born, Chairperson; Barbara to 158 nays, Roll No. 133, the House agreed to the Pedersen Holum, David D. Spears and James E. conference report on H.R. 1141, making emergency Newsome, Commissioners; Gary Gensler, Under Sec- supplemental appropriations for the fiscal year end- retary Domestic Finance, Department of the Treas- ing September 30, 1999. Pages H3240±70 ury; Annette L. Nazareth, Director, Division of Mar- Rejected the Obey motion to recommit the report ket Regulation, SEC; and Patrick M. Parkinson, As- to the conference committee by a yea and nay vote sociate Director, Division of Research and Statistics, of 182 yeas to 243 nays, Roll No. 132. Board of Governors, Federal Reserve System. Pages H3268±69 Hearings continue tomorrow. Earlier agreed to H. Res. 173, the rule that DISTRICT OF COLUMBIA APPROPRIATIONS waived points of order against the conference report by a yea and nay vote of 315 yeas to 109 nays, Roll Committee on Appropriations: Subcommittee on the No. 131. Pages H3225±33 District of Columbia held a hearing on D.C. Courts. Testimony was heard from Gloria L. Jarmon, Direc- Humanitarian Needs of Refugees from Kosovo: tor, Health, Education and Human Services, Ac- The House agreed to H. Res. 161, expressing the counting and Financial Management Issues, GAO; sense of the House of Representatives regarding the and the following officials of the Courts of the Dis- condition and humanitarian needs of refugees within trict of Columbia: Chief Judge Annice M. Wagner, Kosovo. Agreed to the Brady of Texas substitute Court of Appeals; Chief Judge Eugene N. Hamilton, amendments, to amend the preamble and the re- Superior Court; and Ulysses B. Hammond, Executive solved clause by inserting new texts. Pages H3270±71 Officer. Recognizing the Historical Significance of the Brown v. Board of Education Supreme Court NATIONAL DEFENSE AUTHORIZATION Decision: The House agreed to H. Res. 176, recog- ACT nizing the historical significance of the Supreme Committee on Armed Services: Subcommittee on Mili- Court’s unanimous decision in Brown v. Board of tary Procurement approved for full Committee action Education, repudiating segregation, and reaffirming amended H.R. 1401, National Defense Authoriza- the fundamental belief that we are all ‘‘one Nation tion Act for fiscal year 2000 and 2001. under God, indivisible.’’ Pages H3271±73 NATIONAL DEFENSE AUTHORIZATION Amendments Ordered Printed: Amendments or- ACT dered printed pursuant to the rule appear on pages Committee on Armed Services: Subcommittee on Mili- H3296–98. tary Research and Development approved for full Quorum Calls—Votes: Three yea and nay votes de- Committee action H.R. 1401, National Defense Au- veloped during the proceedings of the House today thorization Act for fiscal year 2000 and 2001.

VerDate 06-MAY-99 07:05 May 19, 1999 Jkt 069061 PO 00000 Frm 00004 Fmt 0627 Sfmt 0627 E:\CR\CRI\D18MY9.REC D18MY1 PsN: D18MY1 May 18, 1999 CONGRESSIONAL RECORD — DAILY DIGEST D547 SCHOOL VIOLENCE gration and Nationality Act to impose mandatory Committee on Education and the Workforce: Sub- minimum sentences, and increase certain sentences, committee on Early Childhood, Youth, and Families for bringing in and harboring certain aliens and to held a hearing on School Violence: Views of Students amend title 18, United States Code, to provide en- and the Community. Testimony was heard from hanced penalties for persons committing such of- public witnesses. fenses while armed; H.R. 456, for the relief of the survivors of the 14 members of the Armed Forces HEPATITIS B VACCINE and the one United States civilian Federal employee Committee on Government Reform: Subcommittee on who were killed on April 14, 1994, when United Criminal Justice, Drug Policy, and Human Re- States fighter aircraft mistakenly shot down 2 sources held a hearing on Hepatitis B Vaccine: Is the United States helicopters over Iraq; H.R. 945, to Vaccine Helping or Hurting Public Health? Testi- deny to aliens the opportunity to apply for asylum mony was heard from Representative Moakley; the in Guam; and H.R. 1745, to amend the Immigraton following officials of the Department of Health and and Nationality Act to provide for the removal of Human Services: Harold Margolis, Chief, Hepatitis aliens who associate with known terrorists. Testi- Branch, Centers for Disease Control and Prevention; mony was heard from Representatives Collins, and Susan Ellenberg, Director, Biostatistics and Epi- Rogan, Underwood and Udall of Colorado; Capt. El- demiology Division, FDA; and public witnesses. liott L. Bloxom, USN, Director, Compensation for Military Personnel Policy, Department of Defense; OVERSIGHT—CUSTOMER SERVICE—OFFICE the following officials of the Department of Justice: OF WORKERS’ COMPENSATION PROGRAMS Donald M. Rooney, Deputy Assistant Attorney Gen- Committee on Government Reform: Subcommittee on eral, Civil Division; and Bo Cooper, Acting General Government Management, Information, and Tech- Counsel, Immigration and Naturalization Service; nology held a hearing on Oversight of Customer Capt. Anthony Tangeman, USCG, Chief, Office of Service at the Office of Workers’ Compensation Pro- Law Enforcement, U.S. Coast Guard, Department of grams. Testimony was heard from Matthew Fair- Transportation; and a public witness. banks, Special Agent/Pilot, DEA, Department of OVERSIGHT—FOREST SYSTEMS— Justice; the following officials of the Department of RESOURCE MANAGEMENT Labor: Patricia Dalton, Deputy Inspector General; and Shelby Hallmark, Deputy Director, Office of Committee on Resources: Subcommittee on Forests and Workers’ Compensation Programs; and public wit- Forest Health held an oversight hearing on Public nesses. and Private Resource Management and Protection Issues in the National Forest Systems. Testimony FEDERAL ELECTION COMMISSION was heard from William F. Wasley, Director, Law Committee on House Administration: Held a hearing on Enforcement and Investigations, Forest Service, the FEC. Testimony was heard from the following USDA; and public witnesses. officials of the FEC: Scott E. Thomas, Chairman; and WW II VETERANS PARK AT GREAT KILLS Darryl Wold, Vice Chairman and Chairman, Federal Election Commission Budget Committee; and public Committee on Resources: Subcommittee on National witnesses. Parks and Public Lands approved for full Committee action as amended H.R. 592, to redesignate Great ENCRYPTION: SECURITY IN A HIGH TECH Kills Park in the Gateway National Recreation Area ERA as ‘‘World War II Veterans Park at Great Kills’’. Committee on International Relations, Subcommittee on NASA AUTHORIZATION ACT International Economic Policy and Trade held a hearing on Encryption: Security in a High Tech Era. Committee on Rules: Granted, by voice vote, an open Testimony was heard from William E. Reinsch, rule providing 1 hour of debate on H.R. 1654, Na- Under Secretary, Bureau of Export Administration, tional Aeronautics and Space Administration Author- Department of Commerce; Barbara McNamara, Dep- ization Act of 1999. The rule waives points of order uty Director, NSA, Department of Defense; Ron Lee, against consideration of the bill for failure to comply Assistant Attorney General, Department of Justice; with clause 4(a) of rule XIII (requiring a three-day and public witnesses. layover of the committee report). The rule provides that the amendment in the nature of a substitute MISCELLANEOUS MEASURES recommended by the Committee on Science now Committee on the Judiciary: Subcommittee on Immi- printed in the bill be considered as an original bill gration and Claims held a hearing on the following for the purpose of amendment. The rule provides bills: H.R. 238, to amend section 274 of the Immi- that the committee amendment in the nature of a

VerDate 06-MAY-99 07:05 May 19, 1999 Jkt 069061 PO 00000 Frm 00005 Fmt 0627 Sfmt 0627 E:\CR\CRI\D18MY9.REC D18MY1 PsN: D18MY1 D548 CONGRESSIONAL RECORD — DAILY DIGEST May 18, 1999 substitute shall be considered as open to amendment lowing bills: H.R. 1833, amended, Trade Agency at any point. The rule waives points of order against Authorizations, Drug Free Borders and Prevention of the amendment in the nature of a substitute for fail- On-Line Child Pornography Act of 1999; and H.R. ure to comply with clause 7 of rule XVI (prohib- 984, Caribbean and Central America Relief and Eco- iting nongermane amendments). The rule authorizes nomic Stabilization Act. the Chair to accord priority in recognition to Mem- f bers who have pre-printed their amendments in the Congressional Record. The rule allows for the Chair- COMMITTEE MEETINGS FOR man of the Committee of the Whole to postpone WEDNESDAY, MAY 19, 1999 votes during consideration of the bill, and to reduce voting time to five minutes on a postponed question (Committee meetings are open unless otherwise indicated) if the vote follows a fifteen minute vote. Finally, the Senate rule provides one motion to recommit, with or with- out instructions. Testimony was heard from Chair- Committee on Appropriations, Subcommittee on Defense, to resume hearings on proposed budget estimates for fis- man Sensenbrenner and Representative Gordon. cal year 2000 for the Department of Defense, 10 a.m., NATIONAL WEATHER SERVICE AND SD–192. RELATED AGENCIES AUTHORIZATION Subcommittee on Foreign Operations, to hold hearings on proposed budget estimates for fiscal year 2000 for for- Committee on Rules: Granted, by voice vote, an open eign assistance programs, 2:30 p.m., SD–192. rule providing 1 hour of debate on H.R. 1553, Na- Committee on Energy and Natural Resources, business tional Weather and Related Agencies Authorization meeting to consider pending calendar business, 9:30 a.m., Act of 1999. The rule waives points of order against SD–366. consideration of the bill for failure to comply with Subcommittee on National Parks, Historic Preserva- clause 4(a) of rule XIII (requiring a three-day layover tion, and Recreation, to hold oversight hearings on the of the committee report). The rule provides that it status of Youth Conservation Corps and other job pro- shall be in order to consider as an original bill for grams conducted by the National Park Service, Bureau of the purpose of amendment under the five minute Land Management, Forest Service, and the U.S. Fish and rule the amendment in the nature of a substitute Wildlife Service, 2 p.m., SD–366. recommended by the Committee on Science and now Committee on Finance, business meeting to mark up the proposed Affordable Education Act of 1999, 10 a.m., printed in the bill. The rule provides that the SD–215. amendment in the nature of a substitute shall be Committee on Indian Affairs, to hold hearings on S. 614, open for amendment at any point. The rule author- to provide for regulatory reform in order to encourage in- izes the Chair to accord priority in recognition to vestment, business, and economic development with re- Members who have pre-printed their amendments in spect to activities conducted on Indian lands; and S. 613, the Congressional Record. The rule allows for the to encourage Indian economic development, to provide Chairman of the Committee of the Whole to post- for the disclosure of Indian tribal sovereign immunity in pone votes during consideration of the bill, and to contracts involving Indian tribes, and for other purposes, reduce voting time to five minutes on a postponed 10:30 a.m., SR–485. question if the vote follows a fifteen minute vote. Fi- Select Committee on Intelligence, to hold closed hearings on nally, the rule provides one motion to recommit, pending intelligence matters, 2 p.m., SH–219. with or without instructions. Testimony was heard House from Chairman Sensenbrenner and Representative Gordon. Committee on Agriculture, Subcommittee on Risk Man- agement, Research and Specialty Crops, to continue hear- OPIC—ASSISTANCE TO SMALL BUSINESS ings on Commodity Futures Trading Commission Reau- EXPORTERS thorization, 10 a.m., 1300 Longworth. Committee on Small Business: Subcommittee on Tax, Committee on Appropriations, to mark up the Agriculture, Rural Development, Food and Drug Administration, and Finance, and Exports held a hearing on the Overseas Related Agencies appropriation for fiscal year 2000, 9:30 Private Investment Corporation and its assistance to a.m., 2359 Rayburn. small business exporters. Testimony was heard from Committee on Armed Services, to mark up H.R. 1401, Na- George Munoz, President and CEO, Overseas Private tional Defense Authorization Act for fiscal year 2000 and Investment Corporation, U.S. International Develop- 2001, 10 a.m., 2118 Rayburn. ment Cooperation Agency; and public witnesses. Committee on Commerce, to mark up H.R. 1180, Work MISCELLANEOUS MEASURES Incentives Improvement Act of 1999, 10 a.m., 2123 Ray- burn. Committee on Ways and Means: Subcommittee on Subcommittee on Health and Environment, hearing on Trade approved for full Committee action the fol- the Chemical Safety Information and Site Security Act of

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1999, 2 p.m., or following full Committee, 2123 Ray- Safety Enhancement Act of 1999; H.R. 1219, Construc- burn. tion Industry Payment Protection Act of 1999; a draft re- Committee on Education and the Workforce, Subcommittee port entitled: ‘‘Making the Federal Government Account- on Postsecondary Education, Training, and Life Long able: Enforcing the Mandate for Effective Financial Man- Learning, hearing on H.R. 782, Older Americans Act agement’’; and the release of Interrogatories and Docu- Amendments Act of 1999, 2 p.m., 2175 Rayburn. ments related to Committee investigation of illegal fund- Subcommittee on Workforce Protections, to mark up raising, 10:30 a.m., 2154 Rayburn. the following bills: H.R. 1459, Models of Safety and Subcommittee on Government Management, Informa- Health Excellence Act of 1999; H.R. 1439, Safety and tion, and Technology, oversight hearing on the Minerals Health Audit Promotion and Whistleblower Improve- Management Service’s Royalty Valuation Program, 2 ment Act of 1999; H.R. 987, Workplace Preservation p.m., 2247 Rayburn. Act; and H.R. 1381, Rewarding Performance in Com- Committee on the Judiciary, to mark up the following: pensation Act, 10:30 a.m., 2175 Rayburn. H.R. 1659, National Police Training Commission Act of Committee on Government Reform, to consider the fol- 1999; H.R. 102, the National Youth Crime Prevention lowing: H.R. 974, District of Columbia College Access Demonstration Act; H.R. 1501, Consequences for Juve- Act; H.R. 1074, Regulatory Right-to-Know Act of 1999; nile Offenders Act of 1999; H.J. Res. 33, proposing an H.R. 206, to provide for greater access to child care serv- amendment to the Constitution of the United States au- ices for Federal employees; H.R. 100, to establish des- thorizing the Congress to prohibit the physical desecra- ignations for United States Postal Service buildings in tion of the flag of the United States; H.R. 462, to clarify Philadelphia, Pennsylvania; H.R. 197, to designate the that governmental pension plans of the possessions of the facility of the United States Postal Service at 410 North United States shall be treated in the same manner as 6th Street in Garden City, Kansas, as the ‘‘Clifford R. State pension plans for purposes of the limitation on the Hope Post Office’’; H.R. 1191, to designate certain facili- State income taxation of pension income; H.R. 576, to ties of the United States Postal Service in Chicago, Illi- amend title 4, United States Code, to add the Martin Lu- nois; H.R. 1251, to designate the United States Postal ther King, Jr. holiday to the list of days on which the Service building located at 8850 South 700 East, Sandy, flag should especially be displayed; and to consider pri- Utah, as the ‘‘Noal Cushing Bateman Post Office Build- vate bills, 10:30 a.m., 2141 Rayburn. ing’’; H.R. 1377, to designate the facility of the United Committee on Rules, to consider H.R. 883, American States Postal Service at 13234 South Baltimore Avenue in Land Sovereignty Protection Act, 4 p.m., H–313 Capitol. Chicago, Illinois, as the ‘‘John J. Buchanan Post Office Committee on Veterans’ Affairs, Subcommittee on Health, Building’’; H.R. 28, Quality Child Care for Federal Em- hearing on Veteran’s Millennium Health Care Act, 10 ployees Act; H.R. 1442, Law Enforcement and Public a.m., 334 Cannon.

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Next Meeting of the SENATE Next Meeting of the HOUSE OF REPRESENTATIVES 10 a.m., Wednesday, May 19 10 a.m., Wednesday, May 19

Senate Chamber House Chamber Program for Wednesday: Senate will continue consider- Program for Wednesday: Consideration of H.R. 1654, ation of S. 254, Juvenile Justice, with votes to occur on NASA Authorization Act (open rule, 1 hour of general Amendment Nos. 357, 358, 360 and 361 at 1 p.m. debate); and Consideration of H.R. 1553, National Weather Service and Related Agencies Authorization Act (open rule, 1 hour of general debate).

Extensions of Remarks, as inserted in this issue

HOUSE Kildee, Dale E., Mich., E1011 Pombo, Richard W., Calif., E1008 Kind, Ron, Wisc., E998, E1000 Pomeroy, Earl, N.D., E1007 Bereuter, Doug, Nebr., E991, E993, E995 Kleczka, Gerald D., Wisc., E1008 Radanovich, George, Calif., E998, E1000, E1003 Berman, Howard L., Calif., E994 Kucinich, Dennis J., Ohio, E996, E999 Regula, Ralph, Ohio, E1004 Berry, Marion, Ark., E1001, E1003, E1005, E1006 Levin, Sander M., Mich., E994 Ros-Lehtinen, Ileana, Fla., E1002 Cardin, Benjamin L., Md., E1011 Lowey, Nita M., N.Y., E992 Schaffer, Bob, Colo., E1009 Clayton, Eva M., N.C., E1006 McCarthy, Carolyn, N.Y., E1001, E1003 Shaw, E. Clay, Jr., Fla., E1007 DeLay, Tom, Tex., E998, E1001 McGovern, James P., Mass., E1011 Sensenbrenner. F. James, Wisc., E1005 Doyle, Michael F., Pa., E1006 Meek, Carrie P., Fla., E993 Shimkus, John, Ill., E991, E993, E994, E998, E1001, Duncan, John J., Jr., Tenn., E999 Menendez, Robert, N.J., E992 E1002 Gillmor, Paul E., Ohio, E1002, E1003, E1005, E1006, Millender-McDonald, Juanita, Calif., E1010 Thompson, Bennie G., Miss., E992 E1007, E1010 Miller, Dan, Fla., E991 Thurman, Karen L., Fla., E1009 Hayworth, J.D., Ariz., E1010 Ortiz, Solomon P., Tex., E1003 Toomey, Patrick J., Pa., E1012 Holt, Rush D., N.J., E992, E994 Paul, Ron, Tex., E1001 Upton, Fred, Mich., E1011 Hyde, Henry J., Ill., E995 Payne, Donald M., N.J., E1007 Weygand, Robert A., R.I., E1010 Johnson, Eddie Bernice, Tex., E1012 Petri, Thomas E., Wisc., E1004

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